fromnaija
10-16 11:07 AM
Today 10/16/2007 there is another update. Why is USCIS looking at my old H1B approved in August 2003 for an employer I left in 2004? I am perplexed!
Again today there is an LUD (10/15/2007) on the below quoted H1B petition. What is going? The status remains approval notice sent, however.
Again today there is an LUD (10/15/2007) on the below quoted H1B petition. What is going? The status remains approval notice sent, however.
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gsc999
07-11 06:47 PM
Did you guys alert Lofgren's office about this?
(408) 271-8700
--
I won't like to take names on public forum of the Congress members we have/will approach. But to answer you question, we are taking all necessary steps to make this walk a success. Also, the measure of success will be a large turn-out by legals to protest, which in itself is unprecedented. We won't like to marry the success of this protest with the presence of any particular Congress member or Senator at this time. The bottomline is, media coverage for our issue.
(408) 271-8700
--
I won't like to take names on public forum of the Congress members we have/will approach. But to answer you question, we are taking all necessary steps to make this walk a success. Also, the measure of success will be a large turn-out by legals to protest, which in itself is unprecedented. We won't like to marry the success of this protest with the presence of any particular Congress member or Senator at this time. The bottomline is, media coverage for our issue.
desi3933
03-10 05:56 PM
I seriously doubt that this list is a 140 pending. Not 485. In 485 stage NIW will not come into picture.
These numbers appear to be I-485.
1. I-485 is called application whereas I-140 is called petition. PDF mentions EB applications.
2. For EB5, no I-140 is needed. Instead I-526 is filed. Since EB5 is mentioned, it can't be I-140.
These numbers appear to be I-485.
1. I-485 is called application whereas I-140 is called petition. PDF mentions EB applications.
2. For EB5, no I-140 is needed. Instead I-526 is filed. Since EB5 is mentioned, it can't be I-140.
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jkays94
06-08 07:52 PM
You have to see my quote from the context of immigration. I never said illegal immigrants do not have any rights. Human rights are across the board. Every nation must follow these standards. Illegal immigrants can not sneak into a country and then demand that they should be given citizenship.
Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?
Again this could be looked at from many angles. The right to march and demand citizenship is protected under the 1st ammendment. Whether they get the citizenship or not is another issue but indeed yes, as ridiculous as it is, one is free to have the audacity to make statements that may be ridiculous in nature and that is their right under the 1st ammendment to do so as long as they are within the borders of the US. It is these types of freedoms that distinguish America from many other countries, to the extent to where even a person subject to deportation has the right to due process. The 1st ammendment guarantees the freedom of expression. Freedom of expression further covers the right to free speech, press, assembly and to petition the government for a redress of grievances (which is what the undocumented are doing in any case) etc [more here (http://www.law.cornell.edu/wex/index.php/First_amendment)]
Indeed a Federal District court has already ruled that immigration status is not a matter that is debatable in a EEOC/discrimination law suit. If the below is not sufficient there are some actual cases involving undocumented workers who were not victims of human trafficking.
Federal Court Bars Employers From Making Issue Of Immigration Status In Discrimination Lawsuits (http://www.eeoc.gov/press/3-10-06c.html)
"We are pleased with the court's order because Title VII's protections against discrimination apply to all employees whether they are documented or undocumented," Burnside said. "Employers cannot discriminate against employees, and then threaten them by seeking information about their immigration status when they complain."
If you read my other post correctly, it said the exemption was with security clearance related jobs. The two types of jobs you cited more than likely require security clearance but if they do not then its fair game for a discrimination complaint. Security clearance is only available to US citizens. My point is that if an employer with more than 4 employees whose job offering does not require security clearance or does not touch on matters of national security has a job posting claiming 'US Citizens Only' and an eligible for work non US citizen eg Green Card Holder or H1-B, EAD holder applies and is rejected primarily on the basis of their national origin or immigration status then yes, they do have credible grounds upon which to file an EEOC complaint. Note that an employer is only supposed to ask for documents that identify eligibility to work when they have made the decision to hire and are filing out form I-9. For instance there is already a case where EEOC or the DOJ won a case because an employer insisted on seeing an employee's GC and would not take an EAD. In summary, I'm not suggesting, it is the law and I believe I have given references to the relevant sections in my other post. But if in doubt, you may want to check with a lawyer and not take my word for it since I'm not one.
Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?
Again this could be looked at from many angles. The right to march and demand citizenship is protected under the 1st ammendment. Whether they get the citizenship or not is another issue but indeed yes, as ridiculous as it is, one is free to have the audacity to make statements that may be ridiculous in nature and that is their right under the 1st ammendment to do so as long as they are within the borders of the US. It is these types of freedoms that distinguish America from many other countries, to the extent to where even a person subject to deportation has the right to due process. The 1st ammendment guarantees the freedom of expression. Freedom of expression further covers the right to free speech, press, assembly and to petition the government for a redress of grievances (which is what the undocumented are doing in any case) etc [more here (http://www.law.cornell.edu/wex/index.php/First_amendment)]
Indeed a Federal District court has already ruled that immigration status is not a matter that is debatable in a EEOC/discrimination law suit. If the below is not sufficient there are some actual cases involving undocumented workers who were not victims of human trafficking.
Federal Court Bars Employers From Making Issue Of Immigration Status In Discrimination Lawsuits (http://www.eeoc.gov/press/3-10-06c.html)
"We are pleased with the court's order because Title VII's protections against discrimination apply to all employees whether they are documented or undocumented," Burnside said. "Employers cannot discriminate against employees, and then threaten them by seeking information about their immigration status when they complain."
If you read my other post correctly, it said the exemption was with security clearance related jobs. The two types of jobs you cited more than likely require security clearance but if they do not then its fair game for a discrimination complaint. Security clearance is only available to US citizens. My point is that if an employer with more than 4 employees whose job offering does not require security clearance or does not touch on matters of national security has a job posting claiming 'US Citizens Only' and an eligible for work non US citizen eg Green Card Holder or H1-B, EAD holder applies and is rejected primarily on the basis of their national origin or immigration status then yes, they do have credible grounds upon which to file an EEOC complaint. Note that an employer is only supposed to ask for documents that identify eligibility to work when they have made the decision to hire and are filing out form I-9. For instance there is already a case where EEOC or the DOJ won a case because an employer insisted on seeing an employee's GC and would not take an EAD. In summary, I'm not suggesting, it is the law and I believe I have given references to the relevant sections in my other post. But if in doubt, you may want to check with a lawyer and not take my word for it since I'm not one.
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Immi_Chant
01-31 06:53 PM
Hope to see its as the Most Popular Question # 1 and #2 !!!! (though it will be bit over estimate).:)
add78
04-27 08:44 PM
I read through the bill but don't quite understand...if I am working for a client on H1B, will I need to stop working as soon as this bill takes effect? or it only applies to newly applied H1B's (or extension/transfer)?
Yes, that is my understanding at this point based on the language . As soon as the bill goes into effect, you will need to stop working at the client site if the bill passes in its current form AND you are working as a FT employee (w-2) of a mere placement company (aka agent or desi consulting). If you are an FT employee of big consulting company then until they get waiver for you AND your current client proves that no layoffs were done at the client site in the last 180 days, you will need to stop working.
Yes, that is my understanding at this point based on the language . As soon as the bill goes into effect, you will need to stop working at the client site if the bill passes in its current form AND you are working as a FT employee (w-2) of a mere placement company (aka agent or desi consulting). If you are an FT employee of big consulting company then until they get waiver for you AND your current client proves that no layoffs were done at the client site in the last 180 days, you will need to stop working.
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Archana
04-26 10:02 PM
Our contributions on the way. Keep Spirits High and all of ours hard work will succeed...
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vdlrao
07-14 11:26 AM
50K + visas only for EB2 India for fiscal years 2008/2009.
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wandmaker
03-30 02:51 PM
Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.
But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.
It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.
I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.
Is there anyone else in the same boat? How long does it take for MTR to get processed?
Nothing to panic, browse through chanduv23's posting(s) - you will be back in track in few weeks.
Most recent case is at http://immigrationvoice.org/forum/showthread.php?t=23800&highlight=revoked+denial
But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.
It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.
I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.
Is there anyone else in the same boat? How long does it take for MTR to get processed?
Nothing to panic, browse through chanduv23's posting(s) - you will be back in track in few weeks.
Most recent case is at http://immigrationvoice.org/forum/showthread.php?t=23800&highlight=revoked+denial
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Viktor
07-12 07:53 AM
He says we will come to know about where things will be going by the time they release the August bulletin.
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hopefullegalimmigrant
12-13 01:54 PM
I have been a member for a while now and have seen the benefits of IV. I've also seen a lot of back and forth in various thrreads betweeen various members in various issues and subjects. Before any one starts checking if I have contributed, let me assure you I have ....for the DC rally. Why? because deep down I believe in this org. No one forced me to contribute, no one asked me to have to come to this or that meeting. I live in Wisconsin but have not been able to attend any sub commitee meetings In Milwaukee because of circumstances both personal and official. I need not explain to anyone in more detail. What I mean by this is we need to set our boundries of expectations. How much do we practically expect out of members and how much can be done by a much more core group. Someone who RSVP but dont turn up should technically be a non issue, its definetly bad for the organizer and the core group, but are we hear to teach people courtesy? Its an intangible expectation. When we set this level of expectation lower, we will strain oursleves to a lesser extent. The bottom line is human behaviour and circumstances that model that behaviour and any other external circumstances cannot be changed.
I second any idea that keeps membership open and does not restrict access if one has not paid. However in order for any legislation to happen we all know that $$ is the bottom line. So when ever we need it, we must raise as much as we can. We have to let people come to the web site browse and leave at their will. Restricting access is like closing doors and no popular internet model works like this. Take google, yahoo, hotmail, everythign is still free and has been free and is the most popular. Open source is also more popular than paid software. We have a majority of members who log in from the office or home, and we have to let these people in. Our successes should inspire people (it inspired me) to pay. I will contribute again and also join my state chapter very soon, but my only gripe is when we have emotional members who role play people and call other people names. We dont need to go there.If we are arguing over the internet like this how long will it take us to break into a fight in a state chapter meeting?
Take the anology of our freedom struggle. Did the british grant freedom only to freedom fighters ? How many so called *fence sitters* did we have then? Eventually everyone got freedom. How did we raise money to have morchas and satyagrahas? All that needed money, time and sacrifice too..I dont want to go too deep into this analogy as it is just an example and may not be entirely 100% perfect for the scenario we are in, but its close.
P.S The opinion I have expressed is entirely mine. I have no personal gripes against any one person and have not taken any names. If you dont like what I posted ignore it. Its freedom to express ourselves that will get us to where we need to.
I second any idea that keeps membership open and does not restrict access if one has not paid. However in order for any legislation to happen we all know that $$ is the bottom line. So when ever we need it, we must raise as much as we can. We have to let people come to the web site browse and leave at their will. Restricting access is like closing doors and no popular internet model works like this. Take google, yahoo, hotmail, everythign is still free and has been free and is the most popular. Open source is also more popular than paid software. We have a majority of members who log in from the office or home, and we have to let these people in. Our successes should inspire people (it inspired me) to pay. I will contribute again and also join my state chapter very soon, but my only gripe is when we have emotional members who role play people and call other people names. We dont need to go there.If we are arguing over the internet like this how long will it take us to break into a fight in a state chapter meeting?
Take the anology of our freedom struggle. Did the british grant freedom only to freedom fighters ? How many so called *fence sitters* did we have then? Eventually everyone got freedom. How did we raise money to have morchas and satyagrahas? All that needed money, time and sacrifice too..I dont want to go too deep into this analogy as it is just an example and may not be entirely 100% perfect for the scenario we are in, but its close.
P.S The opinion I have expressed is entirely mine. I have no personal gripes against any one person and have not taken any names. If you dont like what I posted ignore it. Its freedom to express ourselves that will get us to where we need to.
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bestia
07-18 10:44 PM
Makes me wonder why we're paying our lawyers. I'm learning more from this forum than what he's told me over 6 years of interaction.
LOL, I know. I really regret that I wasn't on these forums years ago, I wouldn't have done so many mistakes. I was thinking "what all these dudes on these forums know? I got a big lawyer with tie and bunch of certificates as best of the best of the best." The life taught me totally opposite.
LOL, I know. I really regret that I wasn't on these forums years ago, I wouldn't have done so many mistakes. I was thinking "what all these dudes on these forums know? I got a big lawyer with tie and bunch of certificates as best of the best of the best." The life taught me totally opposite.
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eastindia
01-22 10:28 AM
You need to understand how legal system works. Lawyer can not file lawsuite by himself/herself. It has to come from Employer, that too, when employer's H1-B petition is denied based on memo info or H1-B worker is denied entry. Damages (or Loss) must be shown before a civil suit can be filed.
Have a good day!
_________________
Not a legal advice.
They can challenge the legality of the memo. You do not need employer for that.
Have a good day!
_________________
Not a legal advice.
They can challenge the legality of the memo. You do not need employer for that.
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rimzhim
02-01 03:05 PM
There is one more thing that not many people are aware of.
Let me ask eveybody. Even after all this, why are these Desi consulting companys successful in the market? They have poor quality product (People with forged Resume), they are not charging lower rates, but still they are able to put there people in Projects?
could it be that their products work for less? I am not suggesting this: just pointing out that an anti-immigrant will pick up on this to further his cause. anti-immigrants use all kind of stats to show that their products do charge lower rates.
Let me ask eveybody. Even after all this, why are these Desi consulting companys successful in the market? They have poor quality product (People with forged Resume), they are not charging lower rates, but still they are able to put there people in Projects?
could it be that their products work for less? I am not suggesting this: just pointing out that an anti-immigrant will pick up on this to further his cause. anti-immigrants use all kind of stats to show that their products do charge lower rates.
more...
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gc_aspirant_prasad
07-10 12:14 PM
IMHO : To be plantiff, we should have made reasonable bonafide efforts to file.
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rimco99
11-02 09:28 PM
Why are u coming up with such vague ideas.
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days_go_by
07-31 06:23 PM
Hi Guys,
Considering that we have all spent enough time stuck in the same job for several years it makes sense to prepare for the time if/when we actually get green card.
So I was wondering if anyone here has weighed and compared the cost and benefit of PMP vs MBA. Any thoughts would be helpful.
Take Care
---
PMP can take you to Project Management, and with experience higher up in the sr management.
With MBA from a good school you can start at serious management level.
It doesn't have to be vs, you can do both.
Considering that we have all spent enough time stuck in the same job for several years it makes sense to prepare for the time if/when we actually get green card.
So I was wondering if anyone here has weighed and compared the cost and benefit of PMP vs MBA. Any thoughts would be helpful.
Take Care
---
PMP can take you to Project Management, and with experience higher up in the sr management.
With MBA from a good school you can start at serious management level.
It doesn't have to be vs, you can do both.
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07-14 09:43 PM
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bobbydalal
05-26 12:52 PM
Hey stop being negative. All we can do is hope n god willing we will get it. I have been waiting to get my green since last 12 years ok. Butr im still optimistic. Also lets fax the congress n whitehouse for the same. Ifu guys see numberusa site the anit immigrant pepole r pilling up the faxes against it so lets all unite n send the faxes in support of it. Also with the blue visas in Europen country will make a big difference for us. So they r quiet aware. Lets not fight and give reds to each other instead concentrate on faxing the faxes to white house in support of this bill as irt does matter all of us. United we stand and i bet u there r enough pepole like me n u waiting for the green.
invincibleasian
01-29 05:18 PM
Do you have a link to this news/alert?
http://www.immigration-law.com/
http://www.immigration-law.com/
docwa
05-20 04:26 PM
Hi I am a physician in Oregon and my parents are visiting too in July. I called Kaiser regarding this, and this is what I was told.
1. they can get insurance since Kaiser does not need an SSN for the application.
2. Every Plan has a deductible $, an out of pocket maximum $, and a co-insurance $ amount.
So,
Plan A: Deductible 2500, Co-insurance 22% of all inpatient cost upto max of $22,000.
Plan B: Deductible 6000, Co-insurance 50% of all inpatient cost upto max of $50,000.
Essentially none of these plans are a 'good deal'. But remember its easier to pay back a loan of 22k - 50k than to pay back 100-200k.
Also since Kaiser is an HMO, and has its own facilities in the west coast and Hawaii, 'accepting insurance' is not a problem.
1. they can get insurance since Kaiser does not need an SSN for the application.
2. Every Plan has a deductible $, an out of pocket maximum $, and a co-insurance $ amount.
So,
Plan A: Deductible 2500, Co-insurance 22% of all inpatient cost upto max of $22,000.
Plan B: Deductible 6000, Co-insurance 50% of all inpatient cost upto max of $50,000.
Essentially none of these plans are a 'good deal'. But remember its easier to pay back a loan of 22k - 50k than to pay back 100-200k.
Also since Kaiser is an HMO, and has its own facilities in the west coast and Hawaii, 'accepting insurance' is not a problem.
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