Saturday, June 18, 2011

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  • Jacqueline Kennedy at her late



  • 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.





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  • rajuseattle
    07-14 05:31 PM
    ajthakur,

    You should have wait for at least 6 months before switching jobs.

    You can talk to the attorney who can give you some advice on AC-21.

    Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.

    Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.

    Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.

    USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.

    Hope this helps...I am not an attorney, but thought my few cents might help you.





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  • Jackie with her son John Jr



  • yawl
    08-15 04:16 PM
    D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER

    Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.





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  • chanduv23
    07-01 11:58 AM
    fyi
    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf

    Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.

    Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.

    Looks like lot of politics and blame game among agencies.

    I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....



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  • keshtwo
    07-09 05:02 PM
    And we are not in deep shit right now ???? Where have you been all the time ?

    Why are you so scared ? Is it because you think USCIS wil do harm to you and others ? Well, what the hell it was doing while allocating all the quota in 15 days to avoid the rush ?

    I wish USCIS would get down on it's knee and issue an apologies to all those people it's screwed over !


    dude if you think we are in deep shit now, wait till you are really in deep shit. no lawsuit can get you a green card any faster (could make it slower though). All that it might do is make sure that USCIS has to deal with an avalanche of EAD apps, delaying EAD anyways.





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  • bec
    10-15 04:53 PM
    Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.

    We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.



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  • after John Kennedy#39;s death



  • go_guy123
    09-09 03:05 PM
    With republican House there is zero chance of anything happening on any kind of immigration bill. Nothing other than border security will be taken up. It will be best to kiss good bye to GC dreams if republicans win the House.

    yes you will get border security (more national guards/agents at the border, mandatory SSN check )
    in exchange for SKIL bill. GOP will thrown the illegals under the bus with backing of technology lobby (opposite of what the democratic party does: throw the skilled immigrants under under the bus at every oppotunity)





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  • partha_vus
    10-26 11:35 AM
    PD Jan 2001(ported priority Date)
    I-140 Approed June 2007
    I485 Applied RD:July 2, 2007
    EAD cards received

    thanks



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  • saatiish
    07-13 10:40 AM
    Mar 1 2006 - Mar 7 2006 --> will be processed when cutoff date is Mar 08 2006.

    yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)





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  • rajkr
    06-11 01:21 PM
    Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.

    Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.

    If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

    This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

    So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.



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  • Cartoon: Jacqueline Kennedy



  • namecheck3yr
    02-21 11:26 AM
    I am trying to immigrate to this country. I feel that I have my own responsibility to make this country a better place. From my own experience, I know that the namecheck is the most ridiculous process, needs immediate fix:
    1. What is the legal base? No legal base makes it become such a black hole.
    2. No time frame, they can use �case by case�, �national security� as excuses to randomly delay your cases.
    3. It�s a lottery, we can only pray, some people get it cleared in one month, some more than 3 yrs.
    4. Case by case? We�ve got a lottery program. Where is the justice, the fairness? How should those affected people plan their living and become a productive citizen?
    5. National security? You should not give those �terrorist suspects� more that 3 yrs of freedom! Should it be done earlier before they enter this country?
    6. The 911 terrorist attacks did not directly affect most people, but name checking makes many people very anxious. They are amplifying the effect of the terrorist attacks and that is what the terrorist wants. What is the efficiency of this measure?
    7. No transparency, nobody knows how they do it.
    8. Not responsive, you cannot get any meaningful response except those excuses.
    9. You are guilty first, you do not have any chance to provide any assistance to them, and they won�t request any either.


    retrohatao willgetgc2005 wam4wam & stirGC,

    Thank You for your input. This is very helpful to highlight the name check problem. The problem description and proposed solution by retrohatao are very good. However, just allow me to share a bigger picture. There is no difference between any issue is being categorized by someone to be a sub-issue or if an issue is categorized as main issue. What is important is that the issue is being addressed ....

    willgetgc2005, just so that you know, I am also stuck in name check since June-04 and my 485 is pending since Oct-03. Just like you, this issue directly affects me. No doubt this is a very important issue. As berkeleybee mentioned, this is being addressed and communicated to the lawmakers and CA team did an excellent job in making the presentation to the lawmakers.

    Even though name check delay issue directly affects people like you and me, know that this is not the only important issue. The point is, many people only care about getting to the next stage of GC process. If someone's labor is stuck, that group thinks that labor certification clearance should be the top priority. If someone's 140 got rejected, then that issue should be the only issue on IV's agenda. If someone is not able to apply for 485, then that person wants to make that as the top priority. If someone is a PHD, then that person wants the top agenda should be to get GC to the guy who has PHD and the argument presented to us is - don't you get it, I am a "PHD". The other day there was a group of people including techworker_tn1, helpful_leo etc who wanted to form their own group for PHDs. And now, if someone's name check is delayed, then we say that everybody will have to go through it sometime in the later stage, so this issue should be on the fore-front of the list of issues.

    I am slightly perplexed by the behavior of some members who seems to indicate that we are in some sort of race with one another. And these members seem to send out a message that says - if their issue is not listed as top priority goal then all other issues that IV is working to resolve or all the work being done by IV is worthless. I am slightly disturbed to read posts like the one from wam4wam which says that he/she hopes that bill is not passed till his/her name check is cleared.

    This is a sincere request to everybody. If all that we think about is 'what's in it for me', then we cannot find commonality among ourselves. And thus no progress is possible. Know that with this thought process, nothing will happen.

    IV is an organization made by people like you and me. If everybody's objective is to get to the next stage of green card process, know that we are not behaving like matured and "educated" class that we all claim to belong. Just reaching the next stage of the process is something like looking for instant gratification which actually doesn't help the cause or the complete green card process.

    Most humbly, I would like to request you to post your experiences with how many people you have communicated about the efforts of IV? How many people you have convinced to join IV? What is the success rate? Were you able to persuade the people to contribute for this cause? Those things will help more than anything else. If IV is bigger and stronger, we can together address each and every issue. Ask yourself, how is it possible to continue to include more agendas and not come up with more helping hands and more resources and expect to succeed?

    If you do not see a favorable post or see a post that doesn't contain something that you want to hear, please do not infer that nobody cares or as if no one is doing anything. That post may just express somebody's opinion. I must mention that everybody wants their agenda to be pushed to the top. If there is some sort of a debate from others in the forum, I see that group of people starts backing off and starts posting messages to communicate as if this forum or IV is not doing what it should; Or some people start posting messageas hoping that bill will not pass if their agenda is not addressed.....and on and on. Please let me share that this doesn't help anybody.

    retrohato, Would you like to take the lead on making name check to the forefront and address it in every possible manner? IV needs sincere people like you who can spend time to do each task. We have very good ideas on how to approach this issue and find a solution to this issue. If you could please take the lead on this issue, know that name check is top priority of IV. I would request you to please call us at anytime convenient for you and express that you would like to work on this issue. We need people who are ready to take ownership of issues and are ready to deliver. Would you like to join this effort actively?

    Just so that everybody know, Immigration Voice could include 'World Peace' as one of the agenda items. But just including something as Goal doesn't mean that it can be achieved. To achieve anything that is listed as goals or to meaningfully add anything to the goals we need more serious people and more resources. If you are interested to actively contribute, please call us and we will connect you to the larger group of people to team-up the work for this issue. It is ok if you are not able to participate actively. It would help if you could please encourage others to take up the responsibility. Just because people are not agreeing with you, posting negative or discouraging messages will not help anybody.

    America is a great nation. That is why we want to stay here and want our GC sooner. JFK once said that 'Ask not what your country can do for you, ask what you can do for your country'. One of the reasons why America is Great is because of the people of this great nation delivered what JFK said. We all could learn from this and before making any claim to being part of the American fabric or before claiming to be from "educated" class, maybe we need to stop behaving in way that only sends out the message 'what's in it for me'.





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  • dilbert_cal
    03-20 02:36 AM
    Moral of this thread :-

    All Desi Consulting companies are Fraud

    which in turn implies

    All Desis are Fraud. <---- Nope , Will Not say that because it includes Me :-)

    alright, let me try again

    All Consulting companies are Fraud <--- But hey there are so many which are not Fraud

    Hmmmm, Confused. Alright, Did I hear there are exceptions. No, my dear. We got it the wrong way here. Fact is

    Some Consulting Companies Do Subvert the Law and/or take Advantage of folks on H1. *
    One or more of them are owned by Indians. ( commonly called desi by Indians )
    One or more of them are not owned by Indians.

    Where does the More End ? A small percentage, a big chunk, average ??? There is no study which has been done on the same. We all see it in the perception we hold. And when it comes to negativity, we tend to exaggerate. ( Or maybe we dont and I've a wrong perception )

    * Non-consulting companies also do take advantage of H1b folks if possible - dont think I've to give examples of the same.

    I dont work for a desi company. But I've quite a few friends who work for Desi firms - most of them are happy and have been treated nice and fair. A small number had issues. This is my experience. Certainly not something which makes me identify with the rest of the sentiments.

    As per Logiclife, unpaid period on bench is a certainty. No my dear. Thats an exaggeration.

    How many of us..................

    Well, I thought of writing more but who am I telling this to and why ?

    Rants over - time to get back to my life. I've got something else to finish which I know will bring me more flames but possibly help this organization too and that matters more. Flame me as much as you want to for being the odd man out in the thread ( there are others too - not that I'm the only one ) but possibly I wont even come back to this thread to read the flames :-)



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  • smuggymba
    03-12 11:12 AM
    great job guys. There was no spillover and the dates did not become current and everyone is blaming IV. Stop contibuting to IV if they are the one's who were not able to make it current. Stop ranting like ladies in a kitty party.





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  • sidbee
    12-17 03:21 PM
    My labor is filed in EB3 , and i am awaiting Certification.
    My PD is Nov 2007.

    I dont feel that i am gonna get even EAD in the next 10 years, with the current delays,unless something major changes.

    Any hopes??



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  • Jacqueline Kennedy



  • Jerrome
    07-12 05:28 PM
    I feel this move is to benefit EB-2 China, Since the EB1 and EB2 overflow are evenly distributed across china and india, keeping PD with 2004 would be a loss for china and gain for India. So by keeping 2006 June, USCIS will have enough visa numbers for China . India's share will be consumed by 2004 and 2005 applicants.

    Even if India's PD is going to be in 2006 mid, this would result some adhoc or lucky one in 2006 getting GC than a majority of applicants. PD for india would move back to 2004 or 2005 by october 08.

    If USCIS follows the same rule again then by next year end the PD for India will move.

    This is my guess.





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  • srkamath
    07-12 08:54 PM
    http://immigrationvoice.org/forum/showthread.php?t=20141

    Somebody with Nov05 PD tried to renew EAD and was given a 3 month EAD.......



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  • First Name: Jacqueline



  • pani_6
    01-17 03:12 PM
    I will sign up ...Since IV has a lot o f $$ requirement now...please make a huge contribution and also sign up for monthly contribution...too many people want a free ride...free ride aint happening any more..only $$ speaks in the commercial capital!..

    Excellent message from IV on Utube!..

    I am not sure if IV is involving physcians of indian orgin ORg as well as Motel owners association!...these guys have deep pockets!.Also indian consulate should be in loop as they may have lobbying $$.

    That said this is the time...the window of oppurtunity open and shuts..you got to be quick!..

    "One cant steal in slow motion"

    IV needs money now ...please dont shy away!
    Its our turn gentlemen!





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  • gimmemygreen
    10-10 03:46 PM
    If verified, you would end up in eating ham burger.

    Cock meat sandwich from gitmo





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  • sodh
    07-23 03:39 PM
    Do you have any document from CIS? Need some proof to fight.
    Important missing documents,USCIS can reject an application on their discretion, no need for RFE.





    tikka
    07-04 08:32 AM
    Veerug,
    I understand your concern. But $5000 was just number put by me as target.. I am sure we need more then that.. I feel if we put some target then people contribute and try to achieve it. But core member never said we just need $5000. So please don't stick with that number.. That number was just target that I thought we could meet. If you ask core members they going to say that we need more then that. As you know everything needs money.. Core is putting their time and mmoney and doing this all for everybody.. At least we can do is act on their action items.

    Hope this makes little sense.
    Thanks.


    Based on the volume of folks logged in funding team sets a target.. to be reached.
    Veerug if you have not can you please DIGG!!

    if you have many thanks :)





    kutra
    03-03 06:36 PM
    Folks,
    Please help me in refining the message: I plan to send to some major media.
    *****************************
    Dear Sir/Madam,

    We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
    Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
    � Average age: 30-35 years
    � Average years of stay in the USA (all legally): 7 years
    � Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
    � Average Salary: $75K+
    � Average net worth: 100K-400K (mostly liquid)
    � Average occupations: Information technology, Doctors and Financial Analysts
    � Average education level: At least undergraduate
    � Average credit history: Excellent

    As mentioned earlier, we are in the final stage of our green card process and there are very few rejections (<1%) at this stage. It means that we would eventually get our green cards but it may take several years. Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.

    Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.

    We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated.

    We conducted a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660

    Yours truly,
    XYZ

    Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.

    Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.