Saturday, July 2, 2011

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  • letstalklc
    08-31 10:30 AM
    The 5000 minute limit is phrased as "consistent with residential use" term in the Terms and Conditions. CS is often clueless.

    For more details - look at the chat transcript I posted in the fatwallet forums Chat Tanscript - Look at the 8th post in this page (http://www.fatwallet.com/forums/hot-deals/946947/?start=120).

    Or - even better - look at the original Terms and Conditions (http://www.vonage.com/tos/#SERVICE). The relevant section is section 5.4, named "Inconsistent with Normal Use".

    puddonhead - you are right, there is a limit of 5K for residential plans....it's clearly mentioned in Terms and Conditions (5.4)...I also spoke to them and confirmed me the same..





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  • abuddyz
    01-21 09:57 PM
    Right, but that A# I found on my H1b approval (approved Oct 10 '07) is different from the A # in my 458 receipts.

    Just trying to figure out if folks who had an A# in the H1b approval notice are also facing the PIMS delay. (just a wild guess).

    sundarpn,

    your H1 was approved very recently. I guess that was the reason for your passport delay..





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  • IN2US
    07-09 07:06 PM
    I would donate blood if there was any left after my blood sucker employer sucked me dry!:D


    :D :D :D :D :D :D dude this is the BEST!





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  • adhantari
    06-16 10:25 AM
    Thanks for your reply.
    what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
    Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.

    Please suggest what he can do in this situation.
    If anyone come across in this situation then please reply to my question.
    Appericiate your help in advacne

    you are mixing up stories here..... I remember your post saying this is what happening to you......



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  • logiclife
    12-31 04:01 PM
    Ok,

    I was looking at the bill by Arlen Specter.

    Title III Section 312 on page 7 and Title 5 Section 501 on page 8 are definately something to keep an eye out for and channel our efforts in every which way to make sure that stay in the bill and are not thrown out by any committee, subcommitee etc. in House or Senate.

    Any thoughts anyone?





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  • garybanz
    01-09 09:57 AM
    Tell them little more about ur degrees, achievements, personality and physical appearance too. May be they get impressed and recommend to their father...;)

    Well, if you end up too impressive then you may no longer need EB green cards ;)



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  • gcgreen
    08-07 02:01 PM
    but why do you think this is an example of the system being gamed?

    The IT consulting firm or whatever is willing to hire an experienced employee with more than X years experience for a job requiring more than 5 years experience. As long as this employer does everything by the book, and the prospective employee does everything by the book, what is wrong with this? Note that the prospective employee has still waited for about 5-6 years to get his GC, its not as if they are getting it within a year of applying.

    [Note that if the IT firm is taking any money from the prospective employee whatsoever for the labor application, then that is against the labor regulations (at least I think this was part of the new regulations that got rid of labor sub)]

    So where is the gaming? Also, assuming that you are saying the employer is taking money and creating artificial jobs then is this thing not a DoL and labor app problem as opposed to a lawsuit problem? I am confused. Please explain.

    First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:

    We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
    So some people (and I know around 10 of them) what they are doing is the following:
    They got the chance to file their 485 last July , which is pending. They are contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...

    This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair





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  • gc_on_demand
    04-05 07:09 AM
    I checked some family based data and Date jumps 2-3 years once in a 2-3 year period and NVC gets enough files to work on for next 2-3 years , so dates moves slowly for next 2-3 years. USCIS learned lesson from July 2007 and may follow same approach what NVC do.

    They might go upto 2008 or 2009 in advance this year or next year so they have almost 20-30 k Eb2 cases on hand which can last for year or two. USCIS needs some new cases to work on. All pre adjudicated cases are ready for approval so chances are there they can advance date so that they can get enough cases for next year's spill over quota.



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  • eager_immi
    07-11 02:05 PM
    I think the company should be filing the fees but lawyers fee for filing is not their liability. Hi Folks,

    In many of the articles and forums I have read that applicants spent a lot of money on medical exams, lawyer fees, and so on towards the Employee based Green Card application.

    Is it legal for one to spend money (out of one's own pocket) towards getting employee based green card ?

    From what I had hear from my company's legal department was that they cannot take any money from me towards the green card application as it is not legal. Employee Based Green Card is for Employer's benefit and not employee's....though it eventually helps the employee -:)

    Any comments ?





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  • gccube
    09-12 10:12 AM
    but it is pending with FBI since Aug 1st. Looks like they also check for fragmented names.

    This is my opinion, not an advise. Use it at your own risk.



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  • ItIsNotFunny
    11-17 11:39 AM
    I have sent the 4 letters.

    Nice. Guys please keep it up. We need to be consistent and persistent.





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  • shx
    06-16 03:24 AM
    I am not supporting any fraud, but what I said is, if you find workplace discrimination and contact a career guide, they ask you to find another job. Most sincere career guides will not support lawsuits or retaliation against employer unless you are not in a position to find other work. Even read career sites for women and advice, even in cases of sexual harrassment, they ask the victim to move on as a sensible thing to do, because in the end the company will somehow make the victim lose her job. There have been 1000s of USC Vs USC cases. I am not supporting any fraud but what I am saying is retaliation leaves bad taste in the mouth and world is a small place. For larger good of your rest of career best thing to do is move on.

    Only some crooked lawyer who wants money will tell you, you are doing the right thing.

    Your arguments seem almost convincing. I will have to agree with you that it might be best for the OP's career to just move on to another job and ignore all the gross violations at his work place. Wouldn't that be selfish though? Who is going to set things right, if everyone cares about his/her own career advancement?

    I think you should advise half of the people to move on to other jobs and the other half to fight the violations. Fair?



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  • DallasBlue
    09-27 02:18 PM
    http://www.ailf.org/lac/lac_pa_chrono.shtml

    http://www.ailf.org/lac/mandamus-jurisdiction9-24-07%20PA.pdf

    1. What are the general arguments that the government makes to dismiss a mandamus/APA case for lack of jurisdiction?
    The government�s motions to dismiss for lack of jurisdiction are filed pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (FRCP). The government generally makes some combination of the following four arguments, all of which center on alleged agency discretion with respect to adjudication of adjustment applications:
    � That USCIS does not have a duty to adjudicate an adjustment application and therefore an essential element of the mandamus claim is missing;
    � That the pace of adjudication of an adjustment application is discretionary and therefore not subject to mandamus relief;
    � That adjudication of adjustment applications is committed to agency discretion by law and not subject to APA relief; and
    � That 8 U.S.C. � 1252(a)(2)(B)(ii), which limits judicial review over certain discretionary issues in immigration cases, bars review of these mandamus and APA cases.


    2. In responding to a motion to dismiss, can I argue that at least some of the issues raised by the government are not jurisdictional?
    Yes. An initial response to a government motion to dismiss for lack of jurisdiction is to question whether, in fact, the government has raised a jurisdictional challenge. The Supreme Court has distinguished between jurisdiction � which is the court�s power to hear the case � and the sufficiency of a valid cause of action. See, e.g., Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 89 (1988); see also Ahmed v. DHS, 328 F.3d 383, 386-87 (7th Cir. 2003) (distinguishing between the court�s power to adjudicate the case, which is jurisdictional, and the court�s power to grant relief, which is not jurisdictional).
    The failure to state a valid cause of action calls for a judgment on the merits and not for dismissal for want of jurisdiction. Bell v. Hood, 327 U.S. 678, 682 (1946). The Supreme Court has made clear that:
    �jurisdiction � is not defeated � by the possibility that the averments might fail to state a cause of action on which petitioners could actually recover.� Rather, the district court has jurisdiction if �the right of the petitioners to recover under their complaint will be sustained if the [ ] laws of the United States are given one construction and will be defeated if they are given another ��
    Steel Co. v. Citizens for a Better Environment, 523 U.S. at 89 (quoting Bell, 327 U.S. at 682, 685). Thus, one court has held that in resolving whether mandamus jurisdiction is present in an immigration case, the allegations of the complaint are taken as true (unless patently frivolous) to avoid �tackling the merits under the ruse of assessing jurisdiction.� Ahmed, 328 F.3d at 386-387.
    Applying these principles, the Seventh Circuit held in Ahmed that the question of whether a statute imposed a �duty� on the government for purposes of mandamus relief was not a jurisdictional question. As the court explained:
    [T]he district court has jurisdiction under � 1361 [the mandamus statute] to determine whether the prerequisites for mandamus relief have been satisfied: does the plaintiff have a clear right to the relief sought; does the defendant have a duty to perform the act in question; and is there no other adequate remedy available. � A conclusion that any one of those prerequisites is missing should lead the district court to deny the petition, not [for lack of jurisdiction], but because the plaintiff has not demonstrated an entitlement to this form of extraordinary relief.
    Ahmed, 328 F.3d at 386-87.
    Thus, where the government claims that jurisdiction is lacking because a prerequisite to mandamus is missing, the plaintiff can respond by arguing that this is not a jurisdictional question and cannot lead to dismissal under Rule 12(b)(1). Most likely, you also will want to address the substance of the challenge, also, as an alternative way to dispute the government�s motion. See, e.g., � 3, below.





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  • Junky
    11-11 11:33 AM
    Bro nk2006, thanks for taking this initiative
    I have just send all the four letters.



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  • desi485
    11-13 01:36 PM
    I think we are getting noticed. With Ombudsman's office also, we initially got a very generic response - but now we are getting more specific response and asking us to provide more info. With USCIS officials it might take a bit longer but we need to keep sending letters and they will realize the issue.

    They may not have any malicious intent but if this practise is not brought to their immediate attention it can become more prevalent. Rules surrounding AC21 are confusing and they never got into rule making process. By raising this current issue - we might even get lucky in convincing USCIS to speed up the rule making process of AC21.

    If you havnt yet sent letters - please do send them.

    My letters are also on the way. I sent 4 letters by USPS as mentioned in first post on this thread.

    do I need to send more, or do we have webfax or emails to be sent?

    can you provide a PDF/word doc and ask memebers to use free www.faxzero.com to send it? Suggestions?





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  • sameer2730
    09-24 11:11 AM
    So per your theory 8008 people who filed in Eb3 should get approved which should bring it to 2003? for EB3-I by end of year? :rolleyes:

    EB3 india gets only 2803 per year with350 of those going to OW. How did you arrive at the figure.



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  • saimrathi
    07-11 09:02 AM
    Awww so sweet... Good job!!

    This is about me. I was photographed yesterday!!





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  • EB2IndianGC
    09-28 08:38 AM
    Also, does anyone remember where the I-485 was mailed? NSC or TSC? From what I remember it was based on what state you lived in when I-485 was filed.

    It was NSC for New York residents... Can someone confirm that please.

    Yes, it was based on the State you lived. One other thing, you may want to check with Customer Service, since when are you have been actually considered a PR. If they have considered you as a PR since 2008, it is good for you, you will be able to apply for Citizenship sooner





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  • vsoni
    05-04 12:25 PM
    Today I got I-140 approval and I am eligible for apply for I-485.
    Case successfully transfer from EB3 to EB2
    I am also anticipating international travel on business.
    My lawyer told, just applies for I-485. As I have H1 approval till 2009 and current visa sampled on my passport.
    I am thinking to apply for I-485, EAD and AP at the same time.
    Is it good to apply I-485, EAD and AP all at the same time?

    I was told, once I-485 applied I can�t travel unit received the notice of receipt of I-485. Is this true?


    Today�s contribution $40





    jungalee43
    09-14 03:51 PM
    My colleagues and friends are sending e-mails to Judiciary committee members. I am preparing draft for this mail. I am going to divide this mail into sections. One section describing what H.R. 5882 is (recapture, justice against discriminatory treatment based on country of birth, USCIS efficiency) and another sections would describe what it is not (not amnesty, not an increase in numbers). I want a link to the testimony given by USCIS director in congress confirming the wastage of green cards. Can someone quickly direct me to that link?





    illiguy2000
    07-14 05:55 PM
    The Rep Tom Tancredo a vociferous anti-immigrant both legal and illegal. The very fact that Lou Dobbs allowed his show as a mouthpiece to propagate incorrect information "about H1-Bs being illegal" is worthy of a lawsuit.

    How about a petition to the CEO of Time Warner asking Lou to apologize ?
    I was Just watching CNN and was reporting a part of Lou Dobbs episode,
    Tom Tancredo saying people overstay on H-1B after its "5 year" Expiration.
    I think he do not even have a clue about H-1 B programme.



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