gapala
05-09 12:30 AM
Guys, when you write to senators/WH/ other officials, Its important to include the reasons for this huge backlog. 1) Wasted visa numbers due to CIS inefficiencies for past decade.
2) Country quota... I believe the visa waste is more of a problem on their side. Also when you highlight a problem, do not just end with problem, quantify with quoting the visa bulletin's memos and other statistics from ombudsman's report.
Important, include a suggested approach to resolution as well.. which is "Recapture the wasted visa numbers and elimination / fixing the dispropotionate of country quota". This will atleast set the precendence to thought process on the fix.
abrupt and emotional emails would not cut it in this protectionist environment created due to job loss and economy. Just a humble suggestion. We have to be a part of solution to housing problem as well.
2) Country quota... I believe the visa waste is more of a problem on their side. Also when you highlight a problem, do not just end with problem, quantify with quoting the visa bulletin's memos and other statistics from ombudsman's report.
Important, include a suggested approach to resolution as well.. which is "Recapture the wasted visa numbers and elimination / fixing the dispropotionate of country quota". This will atleast set the precendence to thought process on the fix.
abrupt and emotional emails would not cut it in this protectionist environment created due to job loss and economy. Just a humble suggestion. We have to be a part of solution to housing problem as well.
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diptam
06-26 04:03 PM
I have to get the EMP LETTER latest by Friday June 29th from employer.
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
dtekkedil
07-10 09:31 AM
maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?
I think it may be too late to fax now. It is already 10 Am EDT.
Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.
I think it may be too late to fax now. It is already 10 Am EDT.
Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.
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SA EB3 Retro
08-13 03:20 PM
Signature has all relevant information. I-140 was approved August 2005.
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krishuscis
07-09 08:55 PM
my 2cents suggestion...
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
gc28262
06-27 09:53 PM
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
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man-woman-and-gc
09-15 12:41 PM
Hi,
Thank You for taking initiation. Please add my name in the spreadsheet.
Chandrasekhar Nachu, . My contribution is $100.
Thanks buddy..can u please send me ur email ID too? I guess in the future when we have # of pledges grow, we will use email as the way to communicate the status on this effort.
Thank You for taking initiation. Please add my name in the spreadsheet.
Chandrasekhar Nachu, . My contribution is $100.
Thanks buddy..can u please send me ur email ID too? I guess in the future when we have # of pledges grow, we will use email as the way to communicate the status on this effort.
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calgirl
07-20 03:15 PM
Was asking in general..
If you are asking just about this thread, yes there is a spreadsheet tracking this.
If in general, i am sorry i am not aware of anything.
If you are asking just about this thread, yes there is a spreadsheet tracking this.
If in general, i am sorry i am not aware of anything.
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trueguy
07-27 07:34 PM
Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.
I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.
Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.
I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.
Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.
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neel_gump
07-21 04:44 PM
We, people with EB3-I priority dates in 2002 2003 2004, should not blame others for our problem. The only way out of this mess for us, I think, is to port from EB3 to EB2. We all need to do it before they scrap that law. We are being too loyal to our original employers. Most of us were working for more than 8 years in the same company. It is time to move-on and search for greener pastures. We checked that there are around 20,000 EB3-I applications in front of us. That, @ 3000 applications per year, means more than 6 years of agonizing wait. We are already waiting for 8 years and I don't know whether we can take 6 more. I think only a mass-porting from EB3 to EB2 should be the answer.
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justAnotherFile
07-20 12:07 PM
As far as ideas for mode of Re-imbursement,
it is quite simple and straightforward I think.
1. Publish Aman's address,
2. Instruct all pledgers to send cheques to his address made Payable to "Aman Kapoor".
3. Publish a letter template, which states something to the effect "I am hereby sending a cheque for $xx to re-imburse Aman Kapoor for his expenses incurred while fighting for the rights of legal high-skilled immigrants. I am fully aware that this contribution is not intended to be used towards the Immigration Voice Non-Profit Fund and that it is specifically for re-imbursement of past expense incurred by Aman. I am fully aware that I am sending this amount of my own will out of gratitude towards him for fighting for my rights. I hereby also waive all my rights to request him to refund this amount or to file any litigation in this matter."
4. All pledgers have to send this signed letter along with their cheque.
Note:
- i have not thought about tax consequences and we should not discuss that here as it is a personal matter, rather you can chat with Aman and fine tune this method.
- it may be easier to set up a Administrative expense account within IV for this purpose as this may be ongoing affair, expenses incurred by core team is bound to keep going up in future.
it is quite simple and straightforward I think.
1. Publish Aman's address,
2. Instruct all pledgers to send cheques to his address made Payable to "Aman Kapoor".
3. Publish a letter template, which states something to the effect "I am hereby sending a cheque for $xx to re-imburse Aman Kapoor for his expenses incurred while fighting for the rights of legal high-skilled immigrants. I am fully aware that this contribution is not intended to be used towards the Immigration Voice Non-Profit Fund and that it is specifically for re-imbursement of past expense incurred by Aman. I am fully aware that I am sending this amount of my own will out of gratitude towards him for fighting for my rights. I hereby also waive all my rights to request him to refund this amount or to file any litigation in this matter."
4. All pledgers have to send this signed letter along with their cheque.
Note:
- i have not thought about tax consequences and we should not discuss that here as it is a personal matter, rather you can chat with Aman and fine tune this method.
- it may be easier to set up a Administrative expense account within IV for this purpose as this may be ongoing affair, expenses incurred by core team is bound to keep going up in future.
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calboy78
08-18 11:33 PM
Again folks! please think hard, what can be done ???? (other than filling lawsuits)
Just throwing ideas (may or may not work..need to brainstorm):
Write letters to Ombudsman, USCIS, DHS, Senators. Keep writing until they listen
Just throwing ideas (may or may not work..need to brainstorm):
Write letters to Ombudsman, USCIS, DHS, Senators. Keep writing until they listen
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senthil1
06-26 03:08 AM
I am seeing lot of ads in Dice that only citizens are need to apply. If that is a racism many companies would have been in trouble. If you are really sure that they are violating law you can apply for those positions and sue them as affected person. You may get millions of dollars if court finds that there is a racism in selection. I think if they eliminate particular group in US citizens(If they eliminate Indian origin or Chinese origin Citizens inspite of similar skills ) then that is a racism.
There have been quite a number of job positions restricting specific communities. This contradicts with the EEO. Its high time these are being highlighted...
There have been quite a number of job positions restricting specific communities. This contradicts with the EEO. Its high time these are being highlighted...
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raydhan
04-30 11:16 AM
rags,
Do you have the Bill Number by any chance so that we can look it up on the Thomas Library and see the contents?
Thanks. Good luck to us all.
Do you have the Bill Number by any chance so that we can look it up on the Thomas Library and see the contents?
Thanks. Good luck to us all.
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nag2007
03-25 04:14 PM
I think you will get in less than 2 years. It will not take 10 years. Hang on. Total GC process time from applying to labor to getting GC usually is 4 years. some unlucky people had to wait more than that. But more than 80% fall in to 4 year time line.
but some were lucky people got it quickly because they could cut lines.
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
but some were lucky people got it quickly because they could cut lines.
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
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raju123
07-06 03:38 PM
We need some powerful press release for this Gandhigiri
Absolutely awesome. It's on the front page! Well done! Keep sending those flowers.
Absolutely awesome. It's on the front page! Well done! Keep sending those flowers.
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eb3_nepa
07-05 06:02 PM
Dude a stinking dead fish could be considered a bio-weapon :D
Well atleast that gets the message through ;)
Well atleast that gets the message through ;)
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hsingh82
05-08 03:33 PM
I think we should protest in front of capitol with placards reading "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race". We should set up a tent and do a huger strike.
"End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race".
I liked these, how about we send copies of our degrees, W-2's (-ssn) and resumes with one of these to Obama to prove the point that we actually are highly skilled people?
"End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race".
I liked these, how about we send copies of our degrees, W-2's (-ssn) and resumes with one of these to Obama to prove the point that we actually are highly skilled people?
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GCStatus
09-13 09:18 PM
Whats the game plan here?. What will this letter do?. What if we dont get reply?.
We dont give them any room here. We are not letting them decide anything. We provide them options and they have to choose one. If they dont, we sue them.
Options according to me. Feel free to correct/add folks.
1.Process Green card in a consistent manner and provide Green cards who have been waiting for a while and make it current.
2. Refund every DAMN dollar for all the million applicants who didnt get it.
If they are not choosing either, we are SUING. No second thoughts here. We are under the water already.
We dont give them any room here. We are not letting them decide anything. We provide them options and they have to choose one. If they dont, we sue them.
Options according to me. Feel free to correct/add folks.
1.Process Green card in a consistent manner and provide Green cards who have been waiting for a while and make it current.
2. Refund every DAMN dollar for all the million applicants who didnt get it.
If they are not choosing either, we are SUING. No second thoughts here. We are under the water already.
jung.lee
03-25 05:08 PM
You will get it this Calendar Year. Trust me.
Basis for this "trust", please?
Basis for this "trust", please?
GCStatus
09-16 06:00 PM
Guys
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
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