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Thursday, June 30, 2011

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  • kondur_007
    01-13 09:25 PM
    Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.

    Now they go back and say that was a misinterpretation of existing laws :eek:

    This is the issue. They are targeting areas that are not "clearly defined" in the "law" itself and so they are changing "interpretation" and Implementation the way they wish. This is quite vicious move...rather than dealing with legal process, they are manipulating it. I am not a lawyer, but I doubt that this can be chanllenged legally. All we can work on is to actually "define them in law"; which would require help of congress to get actual law that defines these things; not the interpretation of some bureaucrat...





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  • Aah_GC
    08-16 12:04 AM
    Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.

    But India is only good to serve the mutton briyani...God save India.

    US knows that Pakistan is the mother of Terrorism, doesn't look like with all the aid flowing in, that it is being reduced to rubble. Terrorism is a deeper debate, and it borders on uneven economics, social structures, global imbalance to name a few. We have quite a few terrorists in India too, just look up Sikh riots of 1984 and Gujrat riots of 2002, the culprits walk scott free. You talk about Israel, how safe is Israel? Would you settle in Israel given a chance? The same is with the US, in the pretext of 9/11 the residual racism is now emerging in these situations.

    Whether we like it or not, Kasab will be hung to death. He is definitely a criminal, and it shines on our judicial system and independent media (both are screwed in their own ways) that we can tell that a terrorist hasn't been reduced to a weakling to not demand the food of his choice.





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  • darslee
    07-03 10:24 PM
    I don't know about it. Anyone with details should post summary.

    I think it is not relevent for EAD/AP but we can use it when we need it

    Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.

    I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(

    Hope the info clarifies the "age out" situation!





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  • BharatPremi
    12-13 02:21 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    [U]Equal Employment Opportunity (EEO)
    ......................
    Satya
    India / EB3/Nov2003/

    They prefer to kid us saying "hey non immigrant,you are not a citizen yet"



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  • byeusa
    07-11 01:00 AM
    Don't worry. SSA would be broke by then. and then the dollar would have devaluated by another 50%. Healthcare for the masses is a failure, immigration policy is a failure, schooling system is failing in majority of the nation, rampant violence with kids shooting in the schools, is any think that is right in this society? Glorification of Paris Hilton on CNN continously, Britney Spears in the news on front pages of the magazines.. how much more trashy can it be?





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  • TheOmbudsman
    08-30 11:22 AM
    180 days.

    Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??



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  • kuhelica2000
    02-16 12:41 PM
    Defending one's country is one thing and defending fraud and corruption is another thing. Yes, there are lots of great universitites in India like IITs, IIMs, and several Regional Engineering Colleges. But guess what, when it comes to EB2/EB3 genuine IITs and overnight (okay maybe three months) bodyshop graduates are treated the same way. It is for the sake of our profession that we need to weed out these frauds.

    Don't make corruption in India as an incentive to thrash Indians. Majority of Indian H1b/L1 like any other community are well skilled professionals. It should not give you an incentive to thrash Indians or India. I am sure you belong to India and I am pretty depressed to see some one trash his own country to get some cheap publicity on this blog. I am not playing a race card but Yes I will defend Indians or Chinese for any attacks by bigots like you.





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  • OLDMONK
    07-24 05:54 PM
    WOW what can I say? Well spoken!! In a lot of points, I agree with you.

    But then let me ask you something - have you been investing back home? Have you been building a house back home? Have you been putting money in a bank account/ shares back home?

    Waiting for your answer
    BLIB

    I do send money because I have a dialysis patient at home for 6 years now. and at this time I don't want to point to the healthcare system at all, but my best wishes that you don't have to go there.

    I do have properties and business properties in India from before I came to US. I don't want to make this personal by naming the IT businesses I sold but am sure if you are from 90's and from India you are aware of those names.

    I have sold those one by one, and that is another line buddy. Capital Assets Line. IT Enquiry Lines, Company liquidation issues (specially if you were a LTD. company), Commerical Property Tribunals, Service Tax lines, State Tax Issues, Central Sales Tax issues. And god forbid if there is a lawsuit filed.

    And yes I am in GC line for 8 years and i dont mind another 2-3 years. This is the Last line hopefully other than immigration line at India every year. (which is painful for Indian Citizens) but easy for PIO's and Non Citizens.



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  • BharatPremi
    12-13 04:43 PM
    Yes, we should explore this more

    1) Whether we can really challenge this into US SC within US Constitutional
    framework?

    2) Whether we can really challenge this into International Courts?





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  • cal_dood
    07-24 07:55 PM
    No offense buddy. I am sure these are all valid points. We've all had similar experiences.

    But I always find it ironical...you read blogs on cnn-ibn by Indians, who say 'I'll leave this country if Sonia Gandhi becomes PM/ if Mayawati becomes PM/fill in the blanks". Then you read posts here about people ready to go back to India, or go to Canada. The funniest ones are who say "I love my India" and then start a thread about how to emigrate to Canada/UK/Australia/NZ. So basically it is "anywhere but India" ?

    It's always a tough decision to emigrate to another country. I wonder if people also take into consideration the politics in US, the war, the biased media in this country when making this decision - or is it just about $$$$ ?

    Its not the question of economy alone. When deciding to go back. Its a question about convenience.

    a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.

    Half the country stands in line, the other half manages the line. Neither has any civic sense.

    b) I don't want to bribe babus who manage above lines to get ahead in line.

    d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.

    e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice

    f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)

    g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.

    h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India.

    I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times.

    Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution.

    I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride.

    Now go ahead and kill me for saying all the above.!!



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  • eb3_nepa
    06-28 12:54 PM
    it is fine to fedex on saturday or not..Please let me know. I have to call my lawyer.

    From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.





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  • yabadaba
    02-14 02:31 PM
    http://www.ailf.org/lac/lac_lit_030402a.asp
    WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.

    Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.

    The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.

    If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
    dude..lazycis...this is awesome precedent. it doesnt get easier than this....its exactly the same as what we are going after. there was wastage in numbers, thereby hardship in terms of renewals of eads

    what type of profile would a class based plaintiff have? will any of the july filers be able to "qualify" as a plaintiff in this class action lawsuit



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  • unitednations
    02-13 01:17 PM
    Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.


    Further division is not good.

    I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

    I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.





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  • JalwaeJana
    09-15 12:57 PM
    Guys you for got that Eb2 applicant include thos that do not require labor . Also for each labor you would consume 2.3 to 2.5 visa , as with every approved labor there is a spouse and in some cases kids. So to clear 20,000 labor we need 40K visa spilled over to clear all of 2006 plus Eb2 cases that do not require labor



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  • vdlrao
    07-21 05:46 PM
    vdlrao,
    There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?

    These Unused Family Based Visas are from 2007. These Unused Family Based Visas of 2007 would be added to the following year (2008) Employment Based Visas.

    The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
    EB1 category.





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  • hiralal
    06-04 09:21 PM
    now that we have 13 pages of discussion ..can we agree on something and start small campaigns atleast ???
    that way we can generate more interest in IV.

    we can do something indirect too ..such as contacting your realtors ..show interest in buying and then back off ..the advantage in this (if large number of people take part and each contact 4-5 realtors) ..then we will have someone else lobbying for us (rather than ourselves beating our own drum)

    if someone has better idea then we can go for that too



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  • mariusp
    03-29 02:19 PM
    OK, I've done some more homework and this is what I found in the proposed rule text:


    III. Proposed Amendments to the Permanent Labor Certification
    Regulations


    The first amendment would prohibit the substitution of
    alien beneficiaries on pending applications for permanent labor
    certification and on approved permanent labor certifications not yet
    filed with DHS.


    Basically it says that the rule applies to:

    (i) pending labor certification applications and
    (ii) approved labor certification which have not yet been filed with USCIS

    So it looks like you won't be affected if your case is already pending with the USCIS.





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  • BharatPremi
    12-13 02:07 PM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

    Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.

    I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.





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  • AB1275
    09-25 03:51 PM
    I have applied on EB2. My PD is Oct 2006. My I-140/I-485 was filed concurrantly. How long do you think is my wait?





    needhelp!
    09-23 04:04 PM
    I just finished sending the emails one at a time with a little customization.

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    gc_check
    07-04 12:56 PM
    I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.

    >> This is money that has gone down the drain.
    None of the FEES has been accepted by USCIS as they even did not accept the petition. So the fees cannot be calculated. Need to find out, what they will do for July 2nd filers

    >>So in the end, you may end up spending more than twice the amount of money, and more in application fees.
    Yes, the fees gets revised start July 30. But you need NOT pay again and again to extend EAD/AP, if requried under new fees. Need to calculate the difference. Also not sure if the Attorney's would charge twice as they have to resubmit the paper with little or no modification.

    Money lost will be the amount spent on Medical Examination (In my case $550, as I ended up with a doctor of my choice out side my medical insurance network), So even if my conpany can reimburse, I cannot request... Also per my attorney Medical Examination Reports are valid for a year, If we apply within a year, this is also not lost. If someone or his family has to rush back to USA, to file AOS, then the amount spent are waste. Loss of vacation and money.

    My point is not to discourage any one, but when we wirte to media, they will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage. We need to highlight the expenses occured and stress this has caused to many many people.



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