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  • annsheila79
    04-21 07:06 AM
    Why do you bother so much...?

    need more proof ? :D





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  • grupak
    01-30 04:37 PM
    Voted for the question.

    Hope our issues figure in the Presidential debate. Anybody knows more about this Politico publication?





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  • satishku_2000
    07-27 02:42 PM
    My I-140 got approved even though my company also did not file 2006 Tax return. My company is a small(less than 30 employee) loss making company. Our company secretary just gave a letter that company has not filed tax return for 2006 and has asked for extension, attached request for extension. If you are meeting any one of the three criteria of the yates memo, there are very high chances of I-140 getting appoved. Search for yates memo and you will get more details. Is your current wages more than prevailing wages? If yes, then you will be fine. Your lawyer has do a very good analysis of companies ability to pay prevailing wages. So work with your lawyer and you will be fine.

    Hey

    you have any link to the memo?





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  • gk_2000
    04-22 07:54 PM
    Ok. But how does this apply to immigration?

    On the page you quote, below is what I see -

    The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in:

    Education
    Employment
    Housing
    Lending
    Public Accommodations
    Law Enforcement / Police Misconduct
    Voting

    The "per-country limit" is definitely unfair within the realm of employment-based immigration due to the outdated and irrelevant law which needs reform. However skewing this to make it a civil rights issue is pushing it a bit too much.

    So coming back to Immigration (which is what, I believe, we are discussing), below is what I came across on congress.gov.

    The Supreme Court has ruled that the Congressional power to regulate naturalization, from Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]

    In other words, the Constitution does not specifically mention immigration but based on the above, delegates power to the Congress to pass laws to regulate immigration. This Article of the Constitution also clarifies the part about rules for immigrants and quotas being set at the Federal level and not State level.

    The above is a fact, not my opinion. Therefore, No - I do not agree that your reasoning has any direct parallel to our case since the correct approach and reasoning involves challenging a Supreme Court Ruling on Article 1 of the Constitution, which you would agree is next to impossible.

    There are far too many points here to address at one go. Let me touch upon this for starters:

    The Article 1, Section 8 has this clause, regarding the power of congress:

    Clause 4: To establish an uniform Rule of Naturalization

    Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
    No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?


    More later ..



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  • rustamehind
    07-11 01:08 PM
    Both the AILA and USCIS are playing hide and seek. Who ever shows up first, basically looses. So both are still hiding and we are loosing our sleep. :)

    Cheers,
    h1techSlave

    I hope I am totally wrong , but if USCIS has decided to put July 2nd applications in COLD STORAGE , then July 2nd filers are in for a long & bumpy ride.I hope we don't become the rolling stone in the game between AILA & USCIS.
    What a shame? For hiding their own shortcomings , they are playing such horrible games with our future.
    Peace.





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  • moonrah
    07-06 04:29 PM
    When GCSOON-Ihope becomes GC-IgotIt!

    Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
    What did I feel then? Really indescribable�Happy? It goes way beyond that.
    I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
    May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
    As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
    So, please, enjoy the holidays: as long as there is life, there is hope.
    I know something about it:

    Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
    Find dream job in dream company. Hired directly by CEO himself.
    Company loves me and applies right away for H1 and then Labor Cert.
    Life is beautiful. The start of the American Dream. Not for long.
    Attorney has been working for company for years. Always successfully.
    Picks me for his first failure: screws up completely.
    H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
    OPT runs out: company still loves me but�I am now out of status and�fired too.
    Welcome to America. Life has turned dark. The start of my American Nightmare.

    I am disgusted. Decide to go back to my home country (France).
    I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
    H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
    Not for long. Exactly 2 hours (no kidding).
    Find out that company is a sweat-shop and boss is a crook.
    Pays me half (yes, half) what he was supposed to.
    Go to INS to complain: �If you are not happy, go back to your home country�.
    I swear that it is exactly what I am told.
    Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.

    I am broke. Can�t even go back �home� and anyway I don�t want to.
    Not with just my tail between my legs for the second time.
    Home is here. I want my American Dream and I will get it, no matter what.
    Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
    Employer wants to fire me: �you are always complaining about the money�.
    I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
    Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
    For sure, I will be out of there within a couple months at the most.
    Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
    Had I known, I would have fled the first day, no matter what.
    In my specialty, jobs are not easy to find.
    Not to mention that this time, I have to be very �choosy��
    Companies that I approach:
    a) don�t want to hear about immigration or
    b) don�t want to pay attorney fees or
    c) don�t want to pay at least prevailing wage or
    d) all of the above
    All doors seem to be closed.
    I have never felt that bad in my life: go see the doctor.
    �You have all the symptoms of someone who is having�a nervous depression.
    Do you want me to refer you to a good psy who could help you?�
    No, thanks. I know why I am sick.

    Finally find new company that loves me: apply for new H1 and they pay all fees.
    H1 approved.
    This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
    Job is nice, company is nice. Recovering from depression.
    Boss loves me: decides to start for me RIR Labor in�.May 2001.
    Yes, one month after that damn month of April 2001. You know what I mean.
    Six months of advertising.
    PD is January 2002.
    Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
    Get EAD. FP in September 2004.

    Things change: company is now going down. Boss still loves me but�lays me off.
    (Re)(Re) Start of my American Nightmare?
    Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
    This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
    Later, previous company nicely recovers: got rehired!
    Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
    Do Medical in April 2005.
    I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
    October is around the corner and new numbers will be available, right?
    Just a few more months and I will have my GC. Wrong.

    October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
    I swear that I almost s..t in my pants. When is too much�just too much?
    How much more frustration and anguish can I endure? More, much more.
    By rage and stress, I pack up an extra 20 lbs in just a few months.
    Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
    Second EAD. FP again in October 2005. Life is paced by visa bulletins�
    September 2006 bulletin comes out: EB3 World has now passed my PD.
    I am holding my breath again. Rightly so, for the umpteenth time.
    Third EAD.

    Wait 2 weeks and start inquiring about the status of my application.
    Call so-called �Customer service�: as usual they know jack s..t.
    �Your application is still pending�. Thanks, I already knew that.
    Make Infopass appointment at Los Angeles downtown office.
    �Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
    Contact them at: CSC-XII@dhs.gov�

    E-mail #1 on 09/18: (�) Status of my case? (�)
    Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
    Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.

    E-mail #2 on 09/27: (�) When was that initiated? (�)
    Response on 10/02: (�) On or about 08/19/2004. (�)

    This time, I surprise myself: I am one more time devastated but remain strangely calm.
    Even laugh about it. Nervously. Too much is just too much.
    I had heard about that Name Check aberration before but had ignored it.
    Like most people involved in that GC mess, I refused to worry in advance.
    One bridge to cross at the time, please.
    Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
    I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
    WOM is filed on November 1st.
    (I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
    only later just in case we would have needed more ammunitions).

    After that, things go fast:
    11/ 29: without any warning (!), LUD: �Your card has been ordered�.
    12/01: confirmation from the Assistant US Attorney that my case has been approved.
    12/04 LUD: �Your case has been approved�.
    (So, they notify you that the card has been ordered�before notifying that the case has been approved�).
    12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
    12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).

    What a timing! Could I dream of a better Christmas Gift?
    Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
    :) ;) :) ;) :) ;) :) ;) :)

    WoW...Congrats!!! I am happy for you.



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  • h1b_alex
    04-05 04:09 PM
    @GCmuddu_H1BVaddu why is there such a hatred in ur mind against me being not an Indian
    i was just asking a simple help, and all you have to say is to find out about my nationality, never mind i never asked help from your kind anyways.

    @krishmunn thanks for your analysis too , i had sent him a bunch of emails about 10 of them and he never responded to them, when i called him about why is he not replying to my emails he said i cannot have any email conversation with you, it did not strike me then why ? but after talking to all the guys here i understand why he said so, i do not know if this would be enough . but i am just preparing my packet to send to DOL

    @PrinceVA i really appreciate your help and your kindness at least someone in the fraternity doesn't believe in finding the nationality before helping. Well i really appreciate your concern and i wish that you were a part of my employers team, but i have my tickets booked and bags packed . I would now empower people from all over the world to come a little more prepared on H1B to US. I admit to being dumb before landing here but i have gotten my much important experience which i will pass on through fake busting.

    @apaul thanks for your analysis paul it helps me understading the situation even more.

    to all the others, i will be going home soon and i shall disclose the name of employer here once i get an ack from the DOL. I appreciate everyone here and their help.

    Thanks to all those who have given me intelligent advise





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  • Tito_ortiz
    01-08 02:04 AM
    I already saw a complaint on change.gov that 'people representing special interest groups from foreign nations may be flooding the change.gov system with messages and votes which may not be in interest of Americans, for whom the Obama administration is supposed to work for."

    That said, let's continue to send messages and make our voice heard anyway! Good work folks!

    I put mine in, let's go for more than 100 and don't forget to "bump" this message so it stays at the top!

    <<<BUMP>>>



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  • pani_6
    02-13 04:16 PM
    As we move forward we are leaving behind a good legacy...as you may know the previous guys who fought the retrogression battle in 95 or so did not remove the hard country cap..if they had..then it would have been easy for all of us...we silently continue to work and churn out good things...any organization with a vision would do just that..

    Great things are achieved admists inconvieninces..so we chug along...

    Just as an old man plants a mango sapling not for himself but for the future generations...we need to do just the same..

    Good Luck!





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  • gkebiz
    01-14 10:25 PM
    Dear ALL,

    I have written directly to the President-elect Barack Obama in response to an invitation to contribute to his Citizen Briefing Book in his change.gov website.

    PLEASE GO to this link and VOTE for this article in order that it may be taken up by the Charter to be presented to the President. Click here ---
    http://citizensbriefingbook.change.g...Pos=0&srKp=087



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  • REEF�
    06-19 05:13 PM
    Nice job, I dont think the reflection was necessary though.





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  • BharatPremi
    07-11 10:47 AM
    If you have an older priority date (EB-2 or EB-3) such as 2004 or earlier, it would most likely be a waste of your time and money to file your adjustment now. It could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and chances are that your priority date would come current before then, making you eligible to file your adjustment.[/I]

    --- Your lawyer is mistaken about "Waste o fmoney". There is no waste of money. FIling now will have rejection and thus no money waste. "Waste of time" is also can b ecounter argued as most of the people have already prepared their docs so therr is no additional waste of time and even for second time filing for most of the people, just changing date on forms wouldbe necessary so thus again it would not be a waste of time. My 2 C


    ..



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  • madhu_online1
    01-17 04:46 PM
    I will be affected since I came to this country through body shop and this affects my I-485.

    I think there is a lack of direction as to what we people on H1 can do. We need to unite and fight otherwise we must be ready to go back. I am not ready to go back.

    I am donating money for this cause.





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  • mss007
    05-01 05:42 PM
    I too got a soft LUD. My PD is Oct 06. But my spouse and my children did not get any LUD?
    I am wondering why they did not get one. Any thoughts?
    Thanks!

    No LUDs on my and my wife's 485 yet. We filed in July 2007 and processing center is at TSC



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  • nobody
    05-31 09:03 PM
    Put it on a white background and I bet it'll look heaps better.





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  • asanghi
    11-16 12:12 PM
    Not sure if the social security taxes are for immigration benefits. Also, the taxes we pay are for several other services that we get in the US. Remember, even as non-citizens, we get millions of benefits such 911, clean roads, and the list will go on. Why do you think we want to immigrate?

    I don't think this kind of an argument will hold any water with the press or lawmakers. There are other good arguments, and we should stick to them.

    qplearn. You are right.

    But as I have noticed, there is a lot of misinformation being spread around H1-B holders. One of those is that H1-B holders don't pay taxes. I have now read it at so many places, if I didn't know anything about H1-B visas, I would probably have believed it by now. So we really should make a point to mention that we pay taxes and social security.



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  • caliguy
    10-27 02:03 PM
    Thanks @ nrk. I hope you become current and get your GC soon.

    congrats caliguy





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  • prashantc
    01-31 11:26 AM
    Congratulations...and am happy for you.
    Dear lost_in_gc,

    I am praying for you. And everyone who is a victim of the now naive PIMS system. I assure you you will hear good news soon. Good luck buddy!





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  • Hassan11
    03-13 03:33 PM
    does this mean that EB3 ROW can't use all available visa for 3rd qtr that is why there were visas available for India EB2 (hence the established cutoff date of Dec 2003). but this should only happen if EB3 ROW is current but it is not.
    so my question is how can be available visas to spill over to India EB2 if EB3 ROW is not current and it is still retrogressed???

    this does not make sense. anybody????



    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.






    http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

    If some body already posted this other than Indian consuates...please ignore this...

    As far as I see all Numbers are same as Indian Consulate.



    Thanks





    eb3India
    03-08 11:45 AM
    Like I said, you have to give some credit to the Irish. They have the chutzpah of going to lawmaker's offices in DC and say "I am an illegal...I broke the laws and overstayed my visa...please change to law to make everything ok again for me please...". And our community thinks that someone is listening to their phone conversation about how to raise money and lobby for the legal immigrants?????

    I think it all boils down to how desparate we are for GCs, many people here on H1 just want to count their valid H1 visa and multiply them by thier montly savings,

    but Irish and many illegals itz a do or die situation they are smart people to knock on law makers door, before law-enforcing people knock on thier doors





    ashishgour
    09-17 12:59 PM
    Recess for 25 mins



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