chanduv23
01-30 09:52 AM
Though most people here would want retroactive action, I think such a rule will only be applicable for applicants based on a cut off date that will be a future date.
Thats how all laws have been in past.
This is something that is most unwelcome by employers and lawyers and thats why this may have opposition. Especially those consulting companies that thrive on these things.
Thats how all laws have been in past.
This is something that is most unwelcome by employers and lawyers and thats why this may have opposition. Especially those consulting companies that thrive on these things.
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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.
shree772000
10-10 12:15 PM
If you are not in india, then you are somewhere to earn more than you do than in india. So investment is safe if you can afford to invest in that property without a loan. If you are taking a loan you are getting ripped off. STOP there.
to me agricultural land is next to investment in gold. agri land always holds value(sale value) or appreciates over time. Always you can get decent return by farming something there. So my belief is you always get 6%+ return on investment over short/long period of time.
city properties are just a ripp off. So get only one property if you want to live for yourself.. Investment of say 50 lacs on a flat(condo), may give you a good rent. But for how long? and what % of interest you pay on that loan? And what will the aging affect be on that flat!!...
that way land | house is better choice!
To me below are investment items first the highest safety + return(decreasing order or preference)
1. gold(other precious metals)
2. treasary bonds../govt assured accounts
2. agri land(either in india or US, in is labor is higher)
3. city independent houses
4. select mutual funds
5. stock market
6. Condos
I concur. The order will vary a little bit depending on market for shhort term gains. But for current market I think this order makes sense and also for building a long term low risk portfolio.
to me agricultural land is next to investment in gold. agri land always holds value(sale value) or appreciates over time. Always you can get decent return by farming something there. So my belief is you always get 6%+ return on investment over short/long period of time.
city properties are just a ripp off. So get only one property if you want to live for yourself.. Investment of say 50 lacs on a flat(condo), may give you a good rent. But for how long? and what % of interest you pay on that loan? And what will the aging affect be on that flat!!...
that way land | house is better choice!
To me below are investment items first the highest safety + return(decreasing order or preference)
1. gold(other precious metals)
2. treasary bonds../govt assured accounts
2. agri land(either in india or US, in is labor is higher)
3. city independent houses
4. select mutual funds
5. stock market
6. Condos
I concur. The order will vary a little bit depending on market for shhort term gains. But for current market I think this order makes sense and also for building a long term low risk portfolio.
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sparky_jones
04-18 03:40 PM
Dear Friends,
Got Green cards and Welcome notices for me and my wife .
Surprisingly no uscis e-mail and online status is still "initial review"
Our journey in short :
How long in US : 10+ years
First Labor in 2002 . Changed job in three years before approval of labor
Second Labor in 2004 . Approved in 2007
Filed I140 and 485 - in July 2007
Since then I was enjoying EAD / AP with no complain .
I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
My Lawyer told me that I can port to EB2 and it is a normal a process.
1. New Perm
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
2. EB2 I140 (TSC)
a. Filed in March - Premium Processing
b. My Lawyer sent interfiling letter along with I140 filing
c. Approved in 7 days (A# and Priority Date retained)
d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
e. No email and no updates on USCIS website
Not sure about the USCIS and Lawyer fees . My company paid for every thing.
Hope every one get the desired freedom asap and don't have to wait like me for 10+ years
Wish you all the best ......to everyone who is waiting for GC.
Thanks,
Jimytomy
Awesome...congrats!
Got Green cards and Welcome notices for me and my wife .
Surprisingly no uscis e-mail and online status is still "initial review"
Our journey in short :
How long in US : 10+ years
First Labor in 2002 . Changed job in three years before approval of labor
Second Labor in 2004 . Approved in 2007
Filed I140 and 485 - in July 2007
Since then I was enjoying EAD / AP with no complain .
I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
My Lawyer told me that I can port to EB2 and it is a normal a process.
1. New Perm
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
2. EB2 I140 (TSC)
a. Filed in March - Premium Processing
b. My Lawyer sent interfiling letter along with I140 filing
c. Approved in 7 days (A# and Priority Date retained)
d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
e. No email and no updates on USCIS website
Not sure about the USCIS and Lawyer fees . My company paid for every thing.
Hope every one get the desired freedom asap and don't have to wait like me for 10+ years
Wish you all the best ......to everyone who is waiting for GC.
Thanks,
Jimytomy
Awesome...congrats!
more...
gc_mania_03
07-19 07:12 AM
And what about the time Aman and the core team has put into this whole effort....it can never be earned back...and hence NOT at all quantifiable...and I wouldn't even attempt at adding that up...
Thanks Aman and the whole team.....you guys are making a difference in the lives of so many people...
Now, everyone else roll up your sleeves and contribute...money, time, whatever you can for the cause..and Thank the team in your own style.
Thanks Aman and the whole team.....you guys are making a difference in the lives of so many people...
Now, everyone else roll up your sleeves and contribute...money, time, whatever you can for the cause..and Thank the team in your own style.
rajuseattle
12-29 07:20 PM
I just submit my story to the obama-biden transition team.
IV members please visit the website link provided by IV and submit your stories to the transition team.
Hope they hear us and do something to get some kind of administrative relief for employment based legal immigrants.
For India/China both EB-2 and EB-3 are heavily backlogged and unless the new administration recaptures lost visa numbers due to bureacracy, it will be
impossible to catchup the old backlog pending since 2001.
IV members please visit the website link provided by IV and submit your stories to the transition team.
Hope they hear us and do something to get some kind of administrative relief for employment based legal immigrants.
For India/China both EB-2 and EB-3 are heavily backlogged and unless the new administration recaptures lost visa numbers due to bureacracy, it will be
impossible to catchup the old backlog pending since 2001.
more...
ChainReaction
04-18 09:40 AM
I had contributed $100 in the past and just made my third contribution of $50 and will contribute more...people every drop in the bucket counts and we are IV there is no other organization which is fighting for our cause. So contribute generously
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paskal
05-23 03:42 PM
looks like ur sunny side is up and its still raw!..;-) (2 posts)
my point is: citizens matter..not voteless aliens..
we cannot have the same game plan as numbersusa...
all i am saying is..maybe we need a newer and innovative approach to get our voices heard.. One speaking head ..not a herd!
we do the "one speak" too.
but herd speak counts.
this is not my "opinion". this is the direct information we have been passed along by lawmaker offices themselves. and you are wrong. whether you vote or not, if you call an office they do listen. if you visit it they listen more. try it and see, i speak from many personal experiences.
if "non voters" voices were so usless, we would not be even this far along by now. when a lot of people voice and opinion- IT DOES GET HEARD.
please do the needful.
we do adopt other strategies too. each one has its own utility. it's own goal and it's own time. right now we need the calls.
my point is: citizens matter..not voteless aliens..
we cannot have the same game plan as numbersusa...
all i am saying is..maybe we need a newer and innovative approach to get our voices heard.. One speaking head ..not a herd!
we do the "one speak" too.
but herd speak counts.
this is not my "opinion". this is the direct information we have been passed along by lawmaker offices themselves. and you are wrong. whether you vote or not, if you call an office they do listen. if you visit it they listen more. try it and see, i speak from many personal experiences.
if "non voters" voices were so usless, we would not be even this far along by now. when a lot of people voice and opinion- IT DOES GET HEARD.
please do the needful.
we do adopt other strategies too. each one has its own utility. it's own goal and it's own time. right now we need the calls.
more...
logiclife
05-01 04:15 PM
It is May 1st today, how much did we finally collect?
As of yesterday it was $ 107,246. Will update the action alerts tonight and then shut down the 150K drive.
Obviously we didnt meet the target. Today is the last day.
Thanks,
As of yesterday it was $ 107,246. Will update the action alerts tonight and then shut down the 150K drive.
Obviously we didnt meet the target. Today is the last day.
Thanks,
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meridiani.planum
08-23 05:24 AM
Company A applied for my labor and I140(approved and Active currently) in 2005. Moved to company C in April 2007(H1 transfer), applied for I485 using Company A's EVL in July 2007. I got a 485 RFE now for EVL. Can I now say that I have used AC 21 by sending relevant documents or should I send EVL from Company A?
Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.
Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.
more...
Canadian_Dream
09-13 02:08 PM
Anyone thinking that there will be a bill passed in near future that will overhaul skilled immigration process needs a reality check. Now I am not discouraging anyone from trying, I am also suffering through this mess and in no better position. The reasoning behind my assumption is following:
1. Lawmakers serve America and Americans. In theory anything that passes must look like it is serving their interest. Most laws/actions MUST look like it is helping Americans directly or indirectly, more so in an election year. That's why with less than 60 days for election it is not wise for them to spend time in enacting and debating laws that helps immigrants. It simply makes no sense.
2. You can argue that helping skilled immigrants will help America greatly and there is an urgency to enact such laws. Unfortunately no matter what media says, there is no such urgency seen by either law makers or their advisers. The reason, being there is no mass exodus for skilled immigrants, I know a few who have gone back but most of us are still here waiting for visa bulletin evey month hoping that some miracle will happen some day. Even if there is a mass exodus, there are enough people in India/China/Eastern Europe who will be more than happy to be here and do whatever we are doing. Simple law of numbers.
3. It can also be argued that America is not producing enough talents in Science and technology and hence we should throw a red carpet to anyone who can buy his way through the MS program from an American university. Unfortunately for us, a lot of us are doing mundane jobs and do not make a big impact in the economy the way techies used to be in late 90's. The best and the brightest are well taken care of (read: EB1/NIW) even today, for the rest us there isn't a desire nor a need to expidite the process in any manner. It will only help us, and we don't matter.
4. There isn't much shortage of skilled professionals, definitely not of the proportion that 65,000 visas are gone in 2 months. The only shortage I see is of numbers of "Visas". Although it is hard to find good people in technology but that problem cannot be solved by making that number higher. I am not sure what's the reason.
So what can we do ?
In short we are just a John Doe seeking better life which unfortunately isn't there in our home country. We should enhance our Skills (NOT skill bill) and help ourself to do well in anywhere. One thing is use 3 years extensions to chnage jobs and do well.
We can also align ourselves with H1B lobby/Healthcare lobby and request to file I-485 without visa numbers. That will at least stop some of the indentured servitude and our spouses can work.
1. Lawmakers serve America and Americans. In theory anything that passes must look like it is serving their interest. Most laws/actions MUST look like it is helping Americans directly or indirectly, more so in an election year. That's why with less than 60 days for election it is not wise for them to spend time in enacting and debating laws that helps immigrants. It simply makes no sense.
2. You can argue that helping skilled immigrants will help America greatly and there is an urgency to enact such laws. Unfortunately no matter what media says, there is no such urgency seen by either law makers or their advisers. The reason, being there is no mass exodus for skilled immigrants, I know a few who have gone back but most of us are still here waiting for visa bulletin evey month hoping that some miracle will happen some day. Even if there is a mass exodus, there are enough people in India/China/Eastern Europe who will be more than happy to be here and do whatever we are doing. Simple law of numbers.
3. It can also be argued that America is not producing enough talents in Science and technology and hence we should throw a red carpet to anyone who can buy his way through the MS program from an American university. Unfortunately for us, a lot of us are doing mundane jobs and do not make a big impact in the economy the way techies used to be in late 90's. The best and the brightest are well taken care of (read: EB1/NIW) even today, for the rest us there isn't a desire nor a need to expidite the process in any manner. It will only help us, and we don't matter.
4. There isn't much shortage of skilled professionals, definitely not of the proportion that 65,000 visas are gone in 2 months. The only shortage I see is of numbers of "Visas". Although it is hard to find good people in technology but that problem cannot be solved by making that number higher. I am not sure what's the reason.
So what can we do ?
In short we are just a John Doe seeking better life which unfortunately isn't there in our home country. We should enhance our Skills (NOT skill bill) and help ourself to do well in anywhere. One thing is use 3 years extensions to chnage jobs and do well.
We can also align ourselves with H1B lobby/Healthcare lobby and request to file I-485 without visa numbers. That will at least stop some of the indentured servitude and our spouses can work.
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yabadaba
07-19 09:49 AM
mine 2 - rwilliams at 7:55
more...
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gcnirvana
01-31 01:05 AM
Same here. Good job OP on finding this.
I just voted 9:56pm PST. question no is now 22 and 27
I just voted 9:56pm PST. question no is now 22 and 27
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grupak
06-17 04:04 PM
Do we have any agenda for EB3-I?
The visa recapture HR5582, eliminate country ceiling HR 5921, separate visa numbers for US STEM graduates HR 6039 are going to provide lot of additional visas to push everyone forward including fixing problems that are more severe for China, India and other traditional retro countries. Recapture and STEM bills helps everyone including EB3-ROW.
The visa recapture HR5582, eliminate country ceiling HR 5921, separate visa numbers for US STEM graduates HR 6039 are going to provide lot of additional visas to push everyone forward including fixing problems that are more severe for China, India and other traditional retro countries. Recapture and STEM bills helps everyone including EB3-ROW.
more...
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Macaca
02-07 08:32 PM
Are you drunk tonight or just kidding me? :)
I really did think it uptil tonight. I am still hoping you are right because it means that there is no GC cap on US MS. See there is a cap on H1B for US MS.
My drinking days are over. Can't drink any more.
I am a moron. I beat the system to get the degrees. I should be in the Ag jobs pool.
I really did think it uptil tonight. I am still hoping you are right because it means that there is no GC cap on US MS. See there is a cap on H1B for US MS.
My drinking days are over. Can't drink any more.
I am a moron. I beat the system to get the degrees. I should be in the Ag jobs pool.
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ndialani
10-30 12:02 PM
I sent #7001 form in second week of October , i emailed CIS Ombudsman3-4 days back . I received this email today....
Thank you for contacting
the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S.
Department of Homeland Security (DHS). We received your case problem on
October 21, 2009. Your case is in the process of being assigned to an
Immigration Law Analyst. Please allow us 14 working days to process your case
problem
Any thoughts....does it mean anything? anyone else with this reply?
Thanks
Thank you for contacting
the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S.
Department of Homeland Security (DHS). We received your case problem on
October 21, 2009. Your case is in the process of being assigned to an
Immigration Law Analyst. Please allow us 14 working days to process your case
problem
Any thoughts....does it mean anything? anyone else with this reply?
Thanks
more...
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Bpositive
02-03 11:58 AM
When I was asked to resubmit documents after the interview (via drop box), the consulate said they will need 6-8 working days from the date of receipt of the latter. They indeed took only 7 working days.
Also, I believe they must already have done PIMS verification in my case since they asked for additional info 16 days after the interview. So in total it took them 29 days ( incl weekends)
In your case, it doesnt seem they got enough time to do PIMS. It is hard to
estimate the delays.
Good luck though buddy....you will be fine.
thanks..appreciate it
Also, I believe they must already have done PIMS verification in my case since they asked for additional info 16 days after the interview. So in total it took them 29 days ( incl weekends)
In your case, it doesnt seem they got enough time to do PIMS. It is hard to
estimate the delays.
Good luck though buddy....you will be fine.
thanks..appreciate it
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fatjoe
10-27 04:17 PM
Took an infopass to find out why my spouse's case was not approved. A rude IO told that the background check was not completed yet, and it would take 30-60 days. Asked us to wait for 30-60 days. She looked and talked rude, so I did not ask her "if the background check was started or not". So, the question is how to expedite the background process, so that it will be cleared.
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cessua
08-01 03:54 PM
Folks,
I am taking an MBA part time at Babson College (#1 in entrepreneuship). This is how i see it: With only technical skills you will hit a roof at some point, with business skills there is no roof... it is all up to you what you can do.
As far as online MBA or offline MBA. I recommend you go to class. One of the most iimportant assets of taking an MBA is the network you build during the 3-5 years (if part time).
Unfortunatelly i wanted to start a business here in the US (that is the reason for choosing Babson) but being in the GC process doesn't let me do it... according to my lawyer i am only allowed to work for my sponsor while on H1B.
I am taking an MBA part time at Babson College (#1 in entrepreneuship). This is how i see it: With only technical skills you will hit a roof at some point, with business skills there is no roof... it is all up to you what you can do.
As far as online MBA or offline MBA. I recommend you go to class. One of the most iimportant assets of taking an MBA is the network you build during the 3-5 years (if part time).
Unfortunatelly i wanted to start a business here in the US (that is the reason for choosing Babson) but being in the GC process doesn't let me do it... according to my lawyer i am only allowed to work for my sponsor while on H1B.
gc28262
11-02 11:43 PM
Let us give a send off to the guy who started this thread.
If he is a GC aspirant he doesn't deserve it.
If he is an anti-immigrant, he doesn't deserve to be in this country. He is here by accident. ( birth)
If he is a GC aspirant he doesn't deserve it.
If he is an anti-immigrant, he doesn't deserve to be in this country. He is here by accident. ( birth)
letstalklc
09-11 02:18 PM
Just a correction SBI charges Rs. 25 for every transaction whether < 1000 or more.
Service charge of Rs.25/- (inclusive of Service Tax @ 12.36%) will be levied on every transaction where foreign currency conversion is carried out w.e.f. 16 May 2008.
As per experience, they will not charge if you transfer money directlty into SBI branch in India and if it is Greater than 1000 USD into other than SBI branch, they will not charge even that 25 rupees service charge... It was my experience till last week....you can check with customer support specailist on this.....
Service charge of Rs.25/- (inclusive of Service Tax @ 12.36%) will be levied on every transaction where foreign currency conversion is carried out w.e.f. 16 May 2008.
As per experience, they will not charge if you transfer money directlty into SBI branch in India and if it is Greater than 1000 USD into other than SBI branch, they will not charge even that 25 rupees service charge... It was my experience till last week....you can check with customer support specailist on this.....
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