Foster2007
07-09 04:42 PM
I agree 100%. They also issued green cards to ppl whose PD was not current in June. Even that is a violation of law.
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rajuram
10-25 09:38 PM
Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
vomited us out between Jan 2007 to September 07.
Lets get for another round of rotting
vomited us out between Jan 2007 to September 07.
Lets get for another round of rotting
newuser
04-21 07:46 PM
Could someone post the meeting notes.
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kenpat
02-21 04:49 PM
Guys,
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
more...
akred
01-28 12:50 AM
From what I've read, the country caps were originally intended to soothe fears of uncontrolled immigration from the 3rd world. Similarly, the diversity lottery was supposed to increase immigration from Europe.
Both schemes are essentially restrictionist ploys to maintain a white America.
Both schemes are essentially restrictionist ploys to maintain a white America.
hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
more...
chanduv23
09-28 11:25 AM
People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.
But at least when the two groups who are against each other are about the same is size, you will feel less pressure. If there are very few foreign professionals working among a largely native population, they will feel a lot of pressure.
And thats exactly what is happening to us here. All these politicians are providing mere lip service to us and play their vote bank politics.
This is very much a reason that we need to unite and rise. Our own people have prejudiced opinions among us, like fulltime jobs versus consulting companies. MS degree vs under grad, US educated vs non US educated, and it goes on - the more divided we are, the more issues we face because the community opposing us is higher in number and are voting public.
If we do not unite and still continue to do things in small numbers, things will not change easily.
But at least when the two groups who are against each other are about the same is size, you will feel less pressure. If there are very few foreign professionals working among a largely native population, they will feel a lot of pressure.
And thats exactly what is happening to us here. All these politicians are providing mere lip service to us and play their vote bank politics.
This is very much a reason that we need to unite and rise. Our own people have prejudiced opinions among us, like fulltime jobs versus consulting companies. MS degree vs under grad, US educated vs non US educated, and it goes on - the more divided we are, the more issues we face because the community opposing us is higher in number and are voting public.
If we do not unite and still continue to do things in small numbers, things will not change easily.
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nomi
12-11 02:48 PM
Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.
more...
pd_recapturing
01-17 10:30 AM
I read your story (every line and every word) and portray my self in that but few small changes.
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
I thought, Slumdog was able to save his job !!
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
I thought, Slumdog was able to save his job !!
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vin
06-12 05:06 PM
http://www.msnbc.msn.com/id/19127991/site/newsweek/
38/50 dems voted for bill
Only 7/38 rep voted for bill.
There is a good chance that Bush will get 15 more out of 38 to favor the bill.
38/50 dems voted for bill
Only 7/38 rep voted for bill.
There is a good chance that Bush will get 15 more out of 38 to favor the bill.
more...
paskal
07-03 09:51 AM
...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?
i think it's an interesting discussion, but what would you say to the argument that if immigration artificially inflates the numbers of small countries beyond their real populations and ends up penalizing larger countries. in other words it creates and artificial distribution favoring certain parts of the world...is that really the goal? is is good? s it fair? it's a monopoly in the reverse way- excess opportunity for an individual from certain countries.
when the quotas were originally made, they had exactly that idea- and the motive was explicitly racist. times have changed. so should the antiquated laws.
i think it's an interesting discussion, but what would you say to the argument that if immigration artificially inflates the numbers of small countries beyond their real populations and ends up penalizing larger countries. in other words it creates and artificial distribution favoring certain parts of the world...is that really the goal? is is good? s it fair? it's a monopoly in the reverse way- excess opportunity for an individual from certain countries.
when the quotas were originally made, they had exactly that idea- and the motive was explicitly racist. times have changed. so should the antiquated laws.
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dingdong12
09-09 02:25 PM
American lawmakers have created a law that needs only top talent. By law it go from top to bottom. So they go from EB1, EB2, EB3 and so on. If we disagree, then get the law changed.
EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.
They should be doing hunger strikes and do a rally in DC every month.
Else they can forget Green card coming any time soon.
Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.
EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.
They should be doing hunger strikes and do a rally in DC every month.
Else they can forget Green card coming any time soon.
Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.
more...
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catchupvijay
06-11 02:01 PM
Thanks!
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jayleno
07-28 06:24 PM
Please let me know how to close this thread?
Wonderful realization. Here is a comment accompanied with red dot for me for my post earlier:
"why..what is wrong with the thread?"...I wonder what is wrong with this thread.
Wonderful realization. Here is a comment accompanied with red dot for me for my post earlier:
"why..what is wrong with the thread?"...I wonder what is wrong with this thread.
more...
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ujjvalkoul
01-17 03:48 PM
Thanks to all those you contribute and I would like to push others over the edge, who are in a dilemma whether to contribute or not. $20 a month is half of what u pay for cable or ur cell phone/ Home phone Bill.....
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GCKaIntezar
01-30 10:31 AM
Yes. Ajay and I'll take care of the Metropark distribution.
Re: EBC Radio
For 2 times a day AD, for a month would cost $1000 + $300 (One time, Ad prep cost) = $1300. It would cost $1000 (from month 2 onward)
If we sign-up for a year, they give a free program for 30 minutes (10 minutes intro/conclusion etc, so 20 minutes really).
If we only want to do the 1/2hr program, it would cost $500.
In my opinion, distributing fliers is the BEST and Most cost-effective option. Because our goal (with any type of marketing) is to bring-in more membership/contribution, paying $1800 (1 month ad + 1 program) = 90 people pitching-in for $20 contribution.
I say we leave this Radio/TV Ads option, and just concentrate on distributing fliers and meeting with congressmen/congresswomen as a group in addition to meeting them 1:1.
-Sanjay
Hi varsha,
I think sanjay or Rajeev was suppose to work with Ajay in metropark
Sekar
Re: EBC Radio
For 2 times a day AD, for a month would cost $1000 + $300 (One time, Ad prep cost) = $1300. It would cost $1000 (from month 2 onward)
If we sign-up for a year, they give a free program for 30 minutes (10 minutes intro/conclusion etc, so 20 minutes really).
If we only want to do the 1/2hr program, it would cost $500.
In my opinion, distributing fliers is the BEST and Most cost-effective option. Because our goal (with any type of marketing) is to bring-in more membership/contribution, paying $1800 (1 month ad + 1 program) = 90 people pitching-in for $20 contribution.
I say we leave this Radio/TV Ads option, and just concentrate on distributing fliers and meeting with congressmen/congresswomen as a group in addition to meeting them 1:1.
-Sanjay
Hi varsha,
I think sanjay or Rajeev was suppose to work with Ajay in metropark
Sekar
more...
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uma001
10-01 09:58 AM
I work at one of these companies & they applied for my GC.
1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
2. You must complete x years of service.
3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.
I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)
So just saying - these companies don't apply - is not right.
Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.
Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .
1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
2. You must complete x years of service.
3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.
I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)
So just saying - these companies don't apply - is not right.
Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.
Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .
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WAIT_FOR_EVER_GC
07-13 12:05 PM
Read this thread and understand what Q, GC Perm and Teddy are saying.
We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
The can even extend to sep 2006 to capture all visas and move it back to June 2006.
Go and read that rather then guessing
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
The can even extend to sep 2006 to capture all visas and move it back to June 2006.
Go and read that rather then guessing
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
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sujith1
11-23 10:06 AM
I had a talk with my lawyer and he told me that the salary can be increased. The only condition is that it cannot go below the salary specified in the Labor petition.
Title is always handled internally so that should not be a problem
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Title is always handled internally so that should not be a problem
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
pbojja
03-10 03:03 PM
If you feel good by giving red then pls do it, but that doesn't change what's coming in your way.
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
They will do what ever They want to do ..They will take decssions based on them .. They may spill ..They may not spill ...They may suffer ..They may not suffer ..They may left over ..They may not left over ..
Where They can be DOS,USCIS,Applicant or Numbers
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
They will do what ever They want to do ..They will take decssions based on them .. They may spill ..They may not spill ...They may suffer ..They may not suffer ..They may left over ..They may not left over ..
Where They can be DOS,USCIS,Applicant or Numbers
sanju
02-13 09:51 PM
Dude you pay taxes for all the facilities that you are enjoying in this country.... nothing is free here.
Dude, did YOU and 99% of "ALL AMERICAN" FAMILIES not enjoy all the SAME facilities that I enjoy in this country. Why do I pay more than 99% of "ALL AMERICAN" FAMILIES, whatever that means? That's creates entitlement for me. That creates entitlement for EVERYONE in EB category.
.
Dude, did YOU and 99% of "ALL AMERICAN" FAMILIES not enjoy all the SAME facilities that I enjoy in this country. Why do I pay more than 99% of "ALL AMERICAN" FAMILIES, whatever that means? That's creates entitlement for me. That creates entitlement for EVERYONE in EB category.
.
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