Tuesday, June 21, 2011

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  • makemygc
    07-06 11:30 AM
    Guys,

    Here are my thoughts:
    ---------------------

    There are Four group of people (Became current with July bulletin) who are affected and suffered.

    1) The people whose applications reached to USCIS before 10:00 AM
    07/02/07, i.e. before USCIS's new revision/update.

    Note: Legally this group is the SAFEST one as their file reached to the
    USCIS table on time while USCIS's first bulletin was in effect. Their
    case is strong as far as "Law and Justice" is concerned.

    2) The people whose applications reached on 07/02/07 but after USCIS's
    declaration of new revision.

    Note: This group can be fit in a category "Who did not receive ample
    notice from USCIS for its intention to change the bulletin. And so
    may be considered "Probable beneficiaries" by the judiciary

    3) The people whose applications reached or will reach to USCIS from any
    time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.

    Note: This group will have a "Strongest" weak argument and case. Their
    act of sending files perhaps may not be considered "Law-abiding" as
    they have already received ample notice from USCIS and clear
    statement of USCIS about "Rejecting applications upon receiving"
    then also this group sent the applications.

    4) The People who will not send applications at all with respect to the
    USCIS's revision.

    Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
    be considered "Law-abiding" and who acted as per USCIS's
    instruction within the periphery of respecting legal authority.

    Now other points to be noted are as under:
    -----------------------------------------

    DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what we must stress on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a week case. Nos USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS decalred "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".

    Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.

    Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out ot everbody looses it. Same argument goes for people who are not filing. By not filing they are obeying the leagl instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....

    If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able save it face and limit on visa numbers wil automatically send whole bunch of files for eating the dust for years.

    I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)

    Any thoughts?

    How do you define "All effected"?





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  • siddar
    05-13 12:33 PM
    I would strongly suggest, people refrain from using words like injustice, etc., Injustice implies the US govt is doing something wrong, when they are not. Such accusations do not reflect well on us and are unlikely to benefit in any meaningful way.

    Desis are impacted because we are just so many of us. No other reason. Keep in mind that we are still walking away with the bulk of green cards each year, far above the stipulated Quota.

    The Green card system exists for the benefit of America. It will not be tailored to meet the individual needs of overpopulated countries. All we can do is request them to improve the system and make it easier for applicants. Taking the aggressive approach of accusations, demanding for change, asking for more, etc., will not work.

    When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.

    Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
    As per this rule, USCIS is not actually feeding the hungry.
    Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
    If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.





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  • Madhuri
    05-29 02:29 PM
    This is exactly what I thought when one of my son's friend was working very hard on spelling bee and needless to say he reached the topmost level in that event. As a parent I fail to understand why championing the spelling bee is of such a great importance for a child's all-round growth.

    This whole spelling bee thing is the stupidest thing I have ever heard of. By any standards, it is pure and simple torture to subject the kids to memorizing thousands of words and their stupid spellings. And what use is that? Have they never heard of something called SPELL-CHECK in Microsoft Word and other email services ?

    Or are they afraid that their kid will go to a job interview and someone might ask them to spell the word that no one on the planet ever uses and is only present in the Oxford Dictionary.

    Those who subject their kids to such a regimented, rigorous, scripted childhood are preparing a next generation of work-force that would only know how to follow the orders and accept directions.

    85 % of the fortune 500 CEOs are not MBAs. And the other 15% that have an MBA, only 3 of the 15 have done MBA from an IVY LEAGUE school.

    What that tells you is that too much education and scholarly childhood increases your job security, in that sense that you will never be unemployed, but it decreases the chances that you will be on the top or you will be a billionaire.

    The biggest prize goes NOT TO people who can follow directions and know everything, but who can GIVE directions and get things done.





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  • crystal
    08-15 11:51 AM
    Congrats for becoming senior member :)
    My best guess is whatever the link I gave is valid before AC21 came in , I am not sure about it.
    If this is so, how do folks who have used AC21 handle this ?



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  • Madhuri
    11-02 04:04 PM
    In Orance county it's not the same.
    My 6 yrs H1 and so license expired on Sept 11, 2006. I am still waiting for my 7th year I 797 document. I went to Laguna hills DMV and they denied accepting the renewal application, since I do noy have my 7th year paper.
    They asked me to come back when I have my I 797.





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  • redcard
    08-16 12:20 PM
    Can we get the copy of I-140 Approval Notice under the Freedom Of Independence Act (FOIA)? If so, please advise the way to do it.

    My Details are:

    EB2-India-PD-Dec2005-Perm-I 140 Approved in May2006


    Thanks in advance for the help.


    Its Freedom of Information Act.. and yes you can refer to this link..

    http://www.usdoj.gov/04foia/



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  • DSLStart
    09-06 10:49 AM
    This happened in DC's large Dulles Intl airport.

    I have noticed that most "overzealous" CBP officials are found in smaller airports. Large airports like JFK, DC, Miami, SFO etc have efficient and effective CBP officials - they are really busy doing their jobs and don't have time to overdo their job.

    A majority of CBP officers in airports are polite and thorough.





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  • ganguteli
    07-02 12:30 PM
    Should we write letters individually stating how this law has been unfair to us personally? I do not think DOJ will respond to each of us individually. This has to be a mass campaign under one umbrella to be effective. I understand that the leaders in IV are pursuing this with congress currently so probably cannot participate in this campaign? What other ways do we have? Could this be an online campaign?

    On a separate note, it has been frustrating to see politics in US congress over last two years. I am sure they know about the legal immigrant issues and about retrogression, but clearly say no piecemeal legislation would be passed. They work purely for vote bank which we are not. I would favor working on alteranative means to try to get relief.

    Are you willing to put your name in a lawsuit, travel personally spending your own money to the courts, stay up late and do the research with the lawyer and above all spend hundreds of thousands of dollars on expenses of a lawsuit?
    When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.



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  • LostInGCProcess
    09-05 04:06 PM
    This is what written in I-131 Instructions
    http://www.uscis.gov/files/form/I-131instr.pdf -> page 3

    If you are in the United States and seek advance parole:
    A. You may apply if you have an adjustment- of- status application pending and you seek to travel abroad for emergent personal or bona fide business reasons; :mad:

    we can come up with many excuses that would easily fall under "emergent personal or bona fide business reasons" category.

    I thought we must get ready with some reasons, when using AP to re-enter US. I have come up with some of my own that I may use:

    1) Grandpa or Grandma is sick (most common reason, perhaps no body uses it as a reason anymore)(bona fide personal reason)
    2) Land dispute (bona fide business reason)
    3) Parents home need urgent repair (bona fide business reason)
    4) Water shortage problem (bona fide business reason)





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  • brij523
    04-08 04:25 PM
    I think it is individual decision to go back to home country or not. But taking a global look - We Indian make more money here. Average salary of Indian is $65,000+. We can save more. We get more comfortable life style. Only problem is GC, H1-B.

    I hope you will not be surprised that many of us have gone back and started our own company and are successful.



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  • sunnysharma
    06-28 01:47 PM
    Does this indicate that all dates will be 'C' in July?

    Lets hope so





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  • sparklinks
    07-20 02:40 PM
    I just call USCIS , she told me to wait until Aug 2nd week to get receipt# or to see chased checks.



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  • ajay
    05-13 12:16 PM
    We stay in Northern Virginia around 25 miles to DC. We will be happy to host any guests who are willing to stay with us during their trip to DC.





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  • felix31
    10-17 05:54 PM
    well, let me add my story but it is the same as others..

    Hubby has already achieved the maximum in his position and would most probably have to pass any promotion opportunities, so his problem with the whole GC process is that he has to stay with current employer and continue to suffer professionally.

    My problem is just like the guy's story few posts above. I have all teaching credentials and 3 years of teaching exp from my home country as well as US teaching License. Jobs are coming my way all the time, (my credential is from a shortage subject area), but H1 doors had closed forever due to the USCIS interpretation of the famous time issue for H1 & H4 visa holders. :mad: :mad: :mad:

    When I got a job offer, by the time County HR made official offer, H1 quota ran out for that fiscal year. The same thing happened two more times. Oh, I forgot to add how I have been following my spouse over the country for all of his projects...
    Then I read about people who actually change their mind and do not want to utilize their H1 after all!
    Ha...!!

    Even taking up a teaching job on J1 visa is closed to me...:mad:

    Am I angry? You bet I am...
    Not even an EAD in sight for another 7 years. Well, I am not going to sit around much longer. Just got word that it will take 60 days to transfer my US teaching License to Ontario and jobs are plentiful for someone with my content area as well.

    As soon as I finish my Masters Degree I am off to Canada. :D :D Don't care for US or green card any more!



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  • hmehta
    10-16 06:25 PM
    Probably your lawyer is correct that you cannot take advantage of family leave (maternity act) with less number of employees in the company than required for that.

    From what I understand about H1-B, you CAN take leave without pay - no problem with that...as long as you are on your company payroll i.e. your employement is not terminated.

    Does any of you know what rights for maternity leave has a pregnant H1B visa holder? I want to stay home next year for 3 months to take care of my baby, then start working again.
    From what I know I can only have the 6 weeks of short term disability.
    The Maternity Act does not apply in my case because the company I'm working for has under 50 employees.
    I asked my lawyer if I can take any unpaid leave without loosing my H1B status and her answer was that I can change my visa to H4 or become a part time employee for a while. I do not like any of this options because I'm in my I140 stage with my green card and I do not want to lose it at this stage, after waiting for years to get my labor cert approval.
    Your answer would be appreciated.

    Thanks





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  • NKR
    05-13 05:30 PM
    I am talking about a person (like 485mbe - the one who has posted next to yr post) who has a PD of 2001 ..I am not saying that they should give Eb2's quota to EB3 ..but they should try to pull the category that is worst affected..or atleast give EB3 something ..
    my question to you is ..say in the year 2010, would u support a situation where all categories are current or at 1 year difference ...while a particular category (eb3 I in this case) is at 2001 ??.. even if you do ..my feeling is that USCIS will try to pull EB3 - I (if something like above happens)..but then they are just a govt agency ..and in the end they are similar to govt agency in India ..only difference is that maybe little better
    can I force them to do something just --No. can I pray for it -- maybe ..should I be ready for it (i.e. Eb3 - still in 2001 - 2002) - definitely !!
    actually Eb3 - I should try and see something positive from this (I know it is difficult) ..maybe this long queue may motivate them to work harder or to get additional certifications (as I do ..) ...also, in my case, this delay in GC ..prevented me from buying a house when the prices were at peak ..(there is no doubt ..that had I got GC in 2006 ,..then I would have rushed to buy a house at inflated prices --far away from the city)


    Just curious, why are you not porting your PD?. Nowadays Perm takes less than 2 months and with premium, 140 takes a few months.



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  • pappu
    10-12 08:41 PM
    Originally Posted by tdasara
    http://management.silicon.com/careers/0,39024671,39163118,00.htm

    send your comments to--
    editorial@silicon.com

    Will Sturgeon
    ==========

    http://www.thecrimson.com/article.aspx?ref=514810
    ----
    write to
    letters@thecrimson.com





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  • terriblething
    06-12 01:13 PM
    DA is accuser, for DV case, it is normal as sometime spouse would change mind and support the defendant finally.

    Negative:
    1. Neighbor call the police as they hear screaming from our apartment. It demonstrates something happen.
    2. I said "annoyed" and "drag" in my statement from police derivational question. And police add one "push to chair", definitely it is illusive, I only said my wife want that computer, then I move her to study room, as chair is there.
    3. One neigbour claimed she saw "I kept my hand on my wife mouth" As my wife continue screaming over 10 seconds, I tried to comfort her, but I even not sure my hands touch her mouth or not. If so, it is very lightly, I think you can understand that scenario, that is kind of instinct. And for that statement, the police even question, as the distance is so long and light not good, how that witness can see what's happen.

    Positive:
    1. My wife said kidding around at very beginning, she does not change her words. She questioned why police will arrest me when informed? We are put in different area when cop enter.
    2. No mark, no injury. My wife said so and cop also check and find nothing.

    That's all I found in the police report.

    Something we did not say to police
    1. The real reason for my wife screaming is pee on pants. that's for embarrassment.
    2. The whole story is, I used computer, my wife want that for MSN chatting. She tried to disturb me several times, finally I leave the room for her and go to living room. But she did not stop, follow me and jump on me. I knew she is just kidding, my wife sometimes is like a kid. But my finger nail is hit by her at that playaround, sure not intentionally. So I hold her arm, just stop her kidding more. (that's the reason I said annoy, but definitely not mad or anger something), and then walk her to study room. (there I used "drag") In the hall way, even not enter study room, just at the entrance. My wife scream suddenly and very loudly. She is neat freak. Then I release her immediately and ask her what happen, anywhere hit? She just continue screaming. I continued comfort and calm her but no result. After about 10 seconds, I am worried it would impact neighborhood, so someone see my hand on her mouth. Then we heard several very loud shout from neighbours, just like "Stop screaming right now!". Then my wife stopped. After 10 mins, cop come.
    That's 100% truth happen on that day.

    Thanks!!!!!


    I just do not get who is the plaintiff (accuser) in your DV case if your wife is on your side? Do you have a copy of the complaint filed in court? You can PM me details, if you want to. To me it looks like there is no ground for any case against you if your wife does not want to push it.





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  • msp1976
    04-09 12:57 PM
    The idea is excellent. You go ahead. I'll follow you shortly afterwards.

    I second that...
    or..third that...





    BharatPremi
    12-11 11:52 PM
    Every movement should have following factors to succeed.

    1) strategic, honest and commited leadership
    2) strategic think tanks
    3) High moral and ethical ground
    4) Dedicated volunteers
    5) high volume support from affected masses
    6) Strong communication network
    7) Constant flow of required finance, its control /management and proper
    usage
    8) strategic organization
    9) strategic intelligence
    10) Simple but valid and highly effective fighting methods.

    What do you think, in which area you can be fit to make our movement stronger?





    parvezmusani
    04-11 11:39 AM
    One of the immigration lawyers I talked to said that photocopy should be fine.

    Will only the receipt number work at all? Any idea folks?



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