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  • senthil1
    01-05 06:30 PM
    If waiting time for GC is reduced less than 5 years then this may not be needed except for persons those who are filed GC before 2004. The environment is so tough that they trashed non controversial recapture bill on 2008. So it has to be decided based on how the CIR will shape up this year.


    Do not think this to discourage or anything like that...

    Guys .. Pls stop dreaming.. you do not have any idea what you are talking about..

    Guys in this thread may be newcomers to the game..

    I was here since 1998... and cud not stop surprised to see the ideas in this thread..veeeeeeeeeeeeeeeeeeeeeerrrrrrrrrrrrrrrrryy yyyyyyyy farrrrrrrrrrrrrrrrr from reality.

    Better to wor for admin things like visa recapture, some admin things within INS w/o any legislative action.

    Do you guys have any idea that it needs legislative approval for things you are dreaming of...

    It means it shd win in 100 members senate and in 500+ members house.

    As Pappu suggested it is better to get more publicity, funds and then work for few admin things first(Gives a big relief) ...

    But guys, what you are thinking is far beyond the dream itself.

    I guess Pappu is the only guy active in Core now...
    However let us concentrate as Core suggested, as they know the realities/pains involved.

    Pappu, any core members active other than yourself, because i did not see a core member other than you fr more than a year...





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  • SunnySurya
    11-03 03:03 PM
    All,

    This is a non issue now for all practical purpose because of recent Job Zone change for Computer Information Manager.
    The porting to begin with was unethical in our mind and we took a stand. We were challanged by several people on this forum but they did not realize the extent of our convictions.
    Unlike others with their lawsuits Ideas, in this case we did follow up on this issue by contacting DOL in early September with our greivance along with a famous lawyer on our side. Enclosed is our letter to Secretary of Labor Elaine L. Chao and other senior officials. We would like to think that our effort has contributed to the recent change in the Job Zones for Computer Information Manager, as that was specifically mentioned in our letter.. This was not exactly our intention as we just wanted DOL to put some more control around the labor certification process especially for the ones who already have a labor approved. Hence our apologies for the unintended consequences of this effort on the future applicants.
    Thanks to these members who actively/morally supported us.
    GCtest, abhijitrajan, Abhinaym, computer_gig, django.stone, jindhal, jonty_11, kalinga_sena, Karthikthiru, kevinkris, Leo07, newbie2020, nilendu, pmb76, prioritydate, rahulp, Still Waiting, vkannan and several others

    Note:
    We have further indication that any research position may be upgraded to Zone 5.
    US educated may be viewed favorably espeicially in non IT engineering positions




    There is a difference between laws and regulations. Laws are what in INA (Immigration and Naturalization Act) and Regulations are what in CFR.
    It takes congress and senate to change laws where as it takes discretion to change regulations. And the good news is that discretion can be challenged.
    There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
    http://immigrationvoice.org/forum/showthread.php?t=20669
    The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used. Our primary point is that the spirit of law has not been upheld.

    Following are the steps in making this a reality:
    a) Gather around 50 people
    b) Develop and finalize draft of the case. Rolling_Flood has a initial draft.
    c) Hold initial consultation with a lawyer.
    d) Decide as a team if we want to continue.
    e) File a class action suit
    Not sure what is the total cost but given the years of wait and uncertainty $500 per person should be reasonable. I will also create a yahoo group to start these discussions.

    Notes:
    If you already have applied in EB2 you won't be affected.
    If you have a Masters you won't be affected.





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  • ItIsNotFunny
    11-10 03:37 PM
    Bump ^^^^





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  • BharatPremi
    03-28 12:22 AM
    Hi,

    Maybe this qn. was answered before. Tried to look for answers. But was not lucky to find the exact answer. Also, my qn seems a bit out of context w.r.t this thread (I dont even know how to start a thread).

    Anyways, my qn is:

    If one starts actually using his/her EAD via (eVerify or signing I-9 form), then how will the USCIS know that he/she is on EAD and not on H1B anymore? As per the link below, the I-9 form stays with the employer and shouldn't be submitted to the USCIS.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    So, how does USCIS know that u are on EAD? Is it via payroll? Also, can ADP still run payroll even if one's H1B has expired? I'm just trying to find how does the H1B get invalidated as soon as EAD is used. Where is the link between the two?

    My situation is...my H1B is expiring on April 24th. I've asked my employer to do an h1b extension (as its safer). But he's kinda unwilling to do that. So, as a worst case scenario if he asks me to use EAD only, then I'd be forced to use it. So, how will the USCIS know about that? Lets say, I use it on April 15th. Then will my H1B inactivated starting April 15th? Where and how is it recorded? Just curious.

    Thanks a lot!
    D-E-D

    USCIS would not come to know and does not care to know. USCIS knows that it has issued an EAD to you, Now whether you use for a job , do not use or open the locked door with it, it does not care. Yes, while processing 485 if it generates RFE then depending upon the nature of RFE if your new employer is contacted for employment proof, perhaps USCIS may know that you are really using it.



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  • desi3933
    01-30 10:03 AM
    Hmmm - not sure because, if the job requires that someone must have security clearance - the job must clearly mention that someone with security clearance is needed. What is the point in hiring a citizen without security clearance (unless they want you to get clearance aftewr hiring)

    Non discriminatory postings look like this
    (1) Authorized to work in US for any employer
    (2) Requires a security clearance

    One cannot specifically say - I don't want EAD or GC or I want only Citizens.

    Desi3933 and other knowledgeable folks out here - please write your comments. I hope I am not wrong.


    There are 3 kind of jobs -
    1. Jobs that require active security clearance - this kind of job is only limited to US citizen that have security clearance of that level. Yes, tehre are different levels in security clearance as well.
    2. Jobs that will be in unit where everyone must be US citizen. These kind of jobs can be filled by US citizen without the need of any security clearance.
    3. Jobs that are open for everyone - One must have active work authorization.

    The vast majority of the jobs are of type #3. In any case, if job requires US citizen, the hiring place must be able to answer why that job is restricted to US citizens only.


    _________________________
    US citizen of Indian origin
    Not a legal advice





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  • anai
    01-16 09:05 AM
    Till now I do not see any one voted up for this. It is very sad that our own community is not supporting this. If you are not able to search for it in change.gov, give the complete title and see.
    Citizenship if you have lived legally in this Country for 10 years continuously (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel)

    Guys Vote... Vote ... for us, for our kids....

    Great effort Saralayar. I just voted. Vote for this, everyone. This is the least we can do get on the radar. There are so many voices crying for attention --- please vote so that we may be heard.

    It is very easy:
    1. Go to http://citizensbriefingbook.change.gov/home
    2. Register, by clicking on "sign in to get started now" (very quick --- no email verification steps, etc.)
    3. Search for "Citizenship if you have lived legally in this Country for 10 years continuously" (without quotes), in the "find an issue you care about" search box
    4. Vote by clicking on the up arrow.

    Post a quick comment as well. This way we will draw more attention to it.



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  • pmb76
    07-14 07:34 PM
    We should not let go of this.
    Being a congressman he should not misuse his first amendment to utter false statements.

    Dear congressman...i pity your lack of knowledge on H1B program and USCIS policies... We can help you understand better....Please do not make a fool out of your self.... I hope people do not look at you as a moron...and we wish you all the best in your political career.
    Ha..Ha :D - That is funny. He indeed should be sent an e-mail saying just that.





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  • akela_topchi
    08-07 11:52 AM
    Story is too good :-)

    Ha ha ha ..



    I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.

    There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."

    This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.



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  • veeru123
    02-22 03:42 PM
    Called the DOS. Told them I need to travel to my home country and asked them if they can verify if my information is in PIMS. She asked if the H1-B is an extension case which it is. She said the extension cases are taking a bit longer than the new ones. That is quite surprising. Finally she looked in the database or whatever and said they do not have my extension information yet. All they have is the information from the expired petition. No timelines just asked me to call back in a week.:rolleyes:

    I need to know if anyone had any luck if their lawyers pursued this matter with the DOS.





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  • GC_sufferer
    07-15 09:01 AM
    http://www.sun-sentinel.com/sfl-flbvisa0713nbjul15,0,7270900.story?coll=sofla_tab0 1_layout



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  • english_august
    07-11 10:05 AM
    Please delete if it is duplicated. There seems to be two different news items in NYTimes.

    http://www.nytimes.com/2007/07/11/us/11visa.html?ref=us

    One is the story that Nina Bernstein did for NYT. The other one is Reuters story which was picked by hundreds of media organizations.





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  • akhilmahajan
    05-16 02:07 PM
    Thanks a lot for clarifying that. thats what i had in mind. but just wanted to confirm it.



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  • agadre
    06-29 06:23 PM
    Clearly the USCIS and the DOS have absolutely no clue as to how to manage the visa regime.

    On top of that these smart asses think they are answerable to none - since this is just a matter of 'to be' immigrants.

    Now the class action suit proposed by AILF will surely shock them from their oblivion and bring them down to REAL world.

    All said and done...anyway the gates will open in Oct 2007 !!! Guys and Gals...go enjoy your week end !!!

    I really think, second July is the D day here. They can't stop accepting new applications becuase of mere speculation that lot of folks can apply. If indeed thousands of people apply on the second, the numbers will become U on the 3rd. I still think if your applications gets in on the 2nd, you will squeeze in..

    Its all about being at the right place at the right time..:cool:





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  • GC_sufferer
    07-15 09:01 AM
    http://www.sun-sentinel.com/sfl-flbvisa0713nbjul15,0,7270900.story?coll=sofla_tab0 1_layout



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  • satishku_2000
    07-09 11:52 PM
    There is nothing wrong in fighting. At least it will be used to prevent the same mistake in future. But it is not a bad idea to analyse the outcome so that everyone can prepare for that. My view is this campaign will be used for preventing future mistakes. I will be pleasantly surprised if we get more benefit than that. Even lawsuit also will serve the purpose and will give strong warning to USCIS.
    I can tell many examples. Due to one persons misjudgment so many American and Iraq people were killed. Do you think they can get relief? Whatever relief people got it cannot bring back peoples lives. But still lot of people are thinking that Iraq could have been handled differently and many people are fighting against War. Most people realize mistakes after someone is impacted.


    You seem to be pretty good at analyzing faults in others' ideas and thoughts . What are your suggestions to acheive releif from retrogression.

    Smitha,
    You can suggest too ...





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  • PlainSpeak
    04-04 08:04 AM
    Yes, because there was no other way I could rack up 2300 minus points. I find this game as silly as it is irritating, but letting them know it doesn't work with me anymore. Yeh unka bachpana ka nishana hei.. They're just being kiddish

    You are kidding right. I currently has - 20,000 points. So that would mean 20 k IV members did not like what i stated and yes that is 20 k within a week :D:D:D



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  • gk_2000
    04-01 01:20 PM
    Thanks Admin.Most people know here that reds and greens have much to do with admins here.

    Yes, because there was no other way I could rack up 2300 minus points. I find this game as silly as it is irritating, but letting them know it doesn't work with me anymore. Yeh unka bachpana ka nishana hei.. They're just being kiddish





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  • nojoke
    11-23 03:06 AM
    Hey hammer guy,

    did you see the presidential debates? forget about the "highly educated" and "highly skilled" stuff for a while. I am getting into a street fight to win over you, just get into the dicussion.

    Check this http://www.youtube.com/watch?v=w8px_KyIFyo. Check the top 10 Bush moments. If you have a problem blame it on some body :). This time it is lender's turn.

    To be frank, I am in the corporate world as a Director of some crap and I see no ethics.Face the life buddy. Don't talk this ehics shit in this world. Tell me frankly if you did not throw any one under the bus for your future (you don't have to tell, just get it to your thoughts).

    And to answer your question, my parents are illeterates, they did not teach me anything (I love them a lot still because they spent lot of money to get me to this position), I learnt a lot by myself with their money.

    No wonder we are in this mess. After this economic storm we will be learning in managment classes on the enrons and unethical gurus and how we have in place rules to avoid this crap again. And we will probably not have capitalism as we know...





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  • SunnySurya
    08-07 02:49 PM
    Thanks for the suggestion, I will keep your advise in mind.
    I did mean later not earlier! It would yield you your GC! Most GC approved this month so far has gone to people with PD 2006. One of those is possibly yours!

    So go ahead and file a lawsuit.





    jsb
    09-24 03:12 PM
    .....
    I hope our patience pays off and they rewsrd it with giving the GC straightaway;).....wishful thinking.....

    It is possible and most efficient. Do everything at once. Best wishes.





    nishant81
    11-06 03:02 PM
    If they were submitted on 8/30/ and it's not cleared yet and your derivatives are cleared then more than likely you are stucked, there is some probability that you might be cleared in few weeks depending on number of hits generated against your name and avaialibility of the documents needed to be refered by fbi to clear you. However you dont need to worry much because now a days fbi seems to getting work lot faster then it used to. Also since july fbi has increased the fees that they charge USCIS to do the check which has increased the staff at NNCP and so the efficiency. I would suggest for you to wait 60 days and try again. Hopefully you have good news. I have been waiting 35 months.



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