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walking_dude
11-14 11:33 AM
Please don't use the thread for just -- discussions sans actions .
Do take some actions - Have you contacted and posted your Comments to WWJ yet?
Coming to your point, just like he won't stop visiting hospitals for annual physicals to avoid Indian doctors and Phillipino nurses, he won't stop using Boeing either.
I bet he owns a foreign (European) car too. Like somebody pointed out CNN itself has hundreds of "cheap labor" H1B immigrants working for them. His wife is a Mexican. Do you think he's avoiding private moments with her to avoid TB and leprosy?
Lou Dobbs isn't a zealot. He is just an opportunistic hypocrite who's using "nativist populism" to get high TRP ratings for his show, and he has been immensely successful!
http://www.alipac.us/ftopicp-526504-.html#526504
So do you think he will stop using Boeing and walk to Detroit?
Do take some actions - Have you contacted and posted your Comments to WWJ yet?
Coming to your point, just like he won't stop visiting hospitals for annual physicals to avoid Indian doctors and Phillipino nurses, he won't stop using Boeing either.
I bet he owns a foreign (European) car too. Like somebody pointed out CNN itself has hundreds of "cheap labor" H1B immigrants working for them. His wife is a Mexican. Do you think he's avoiding private moments with her to avoid TB and leprosy?
Lou Dobbs isn't a zealot. He is just an opportunistic hypocrite who's using "nativist populism" to get high TRP ratings for his show, and he has been immensely successful!
http://www.alipac.us/ftopicp-526504-.html#526504
So do you think he will stop using Boeing and walk to Detroit?
wallpaper or quot;Porschequot; Decals,
niklshah
01-30 07:54 PM
wow,
people are voting really good..i wish same response would have came for sending letter to washington and IV....
people are voting really good..i wish same response would have came for sending letter to washington and IV....
wikipedia_fan
03-31 12:55 PM
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Thanks for the clarification. I wish my issue gets resolved soon :)
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Thanks for the clarification. I wish my issue gets resolved soon :)
2011 Porsche decals on the side
ElectricGrandpa
06-20 12:40 AM
Hey, this is a great idea for a battle. Sign me up, i'll enter :D. I wish we could enter two entries though. . .pleeeez?
I think it ends like tomorrow... or something... not sure.
I think it ends like tomorrow... or something... not sure.
more...
.jpg "I added some Porsche decals on")
Slowhand
07-19 01:50 PM
What IV has done is commendable and unprecedented. I also think that most of us here do not know anything about the expenses incurred by IV team or money collected by IV team. It would be a good idea to be transparent in that aspect so that members can have a better understanding of the functioning of the organization and contribute appropriately. Just a suggestion; what do you guys think?
gcseeker2002
11-04 12:08 PM
I voted long back, but dont understand the purpose of this poll, is it just to feel satisfied that there are only fewer than 600 EB3 remaining or is there a bigger picture to this ?
more...
Ramba
02-18 04:32 PM
Ramba:
if the transfer/extension of H1B gets rejected after travelled on AP, is it possible to move on EAD and continue working legally? I am talking worst case scenario here.
Although my lawyer confirmed that one can still have a valid H1B status after travelling using AP. My co-worder is still in doubt. Our corporate attorney seems to be clueless for this tricky situation.
Even USCIS is clueless. My feeling is that generally (about 70-90% time) they will grant the extension/transfer as it brings lot of revenue (fee) for them. But, if some officer may feels that, to seek the transfer cum extension one should be in same status. It is hard to convince them in case of RFE, as there is no specific memo/policy/regulation for this situation. It also fuels the natural doubt of the officer?. Why the AOS applicant entered on AP seek non-employment chage of status (instead of using EAD)? Using EAD and AP is simple and avoids complications in employment transfer. This is my view.
To answer your question, you can use EAD in case, if your H1B transfer fails.
if the transfer/extension of H1B gets rejected after travelled on AP, is it possible to move on EAD and continue working legally? I am talking worst case scenario here.
Although my lawyer confirmed that one can still have a valid H1B status after travelling using AP. My co-worder is still in doubt. Our corporate attorney seems to be clueless for this tricky situation.
Even USCIS is clueless. My feeling is that generally (about 70-90% time) they will grant the extension/transfer as it brings lot of revenue (fee) for them. But, if some officer may feels that, to seek the transfer cum extension one should be in same status. It is hard to convince them in case of RFE, as there is no specific memo/policy/regulation for this situation. It also fuels the natural doubt of the officer?. Why the AOS applicant entered on AP seek non-employment chage of status (instead of using EAD)? Using EAD and AP is simple and avoids complications in employment transfer. This is my view.
To answer your question, you can use EAD in case, if your H1B transfer fails.
2010 Porsche decals ?
pcs
07-19 09:32 AM
I know Aman has made a no. of trips to DC & these are not cheap.
Let us all contribute to pay back all his trips .
I am serious about it as people have no idea what people like Aman & others have done / sacrificed. If fact, we should authorize the Money Manager of IV to immediately release the entire amount Aman & others have spent since 19th December 2005.
I am sure IV must have funds to handle this... if not, atleast start a part payment each month immediately
I do not know, what is IV's internal procedure for these situations.
Let us all contribute to pay back all his trips .
I am serious about it as people have no idea what people like Aman & others have done / sacrificed. If fact, we should authorize the Money Manager of IV to immediately release the entire amount Aman & others have spent since 19th December 2005.
I am sure IV must have funds to handle this... if not, atleast start a part payment each month immediately
I do not know, what is IV's internal procedure for these situations.
more...
ssnd03
12-03 04:58 PM
sue them... if it hurts so bad
:( The wait for Name Check is killing me
:( The wait for Name Check is killing me
hair came with quot;Porschequot; decals
chaanakya
08-13 11:05 PM
I feel education should be rewarded (Every where). High skilled should get prefference.
chaanakya may be you should consider putting your words in soft intangiable worlds...
For those who care to read...the fact that I am suggesting that people should port their priority dates before that door closes shows that I believe that people who have played by the rules (ie actually put in the 5 yrs experience or find a job with EB2 requirements) should get preference !!
I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.
Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.
THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.
Seriously, how much more immature can we get?
Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.
chaanakya may be you should consider putting your words in soft intangiable worlds...
For those who care to read...the fact that I am suggesting that people should port their priority dates before that door closes shows that I believe that people who have played by the rules (ie actually put in the 5 yrs experience or find a job with EB2 requirements) should get preference !!
I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.
Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.
THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.
Seriously, how much more immature can we get?
Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.
more...
amulchandra
04-02 12:36 AM
What do you mean by "Our PDs are close"?. I don't understand. Your PD is July 2006 that too EB3/India.???:confused:
Please don't worry. Even in my dreams I don't dream about my PD becoming current in the near future.:confused:
Please don't worry. Even in my dreams I don't dream about my PD becoming current in the near future.:confused:
hot I added some Porsche decals on
Humhongekamyab
07-02 04:53 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
more...
house of Porsche Racing decals.
PlainSpeak
04-19 08:19 AM
That is one more guy in front of me who is gone from the line enabling me to be closer to the GC dispensing window :D
tattoo DECAL TAMIYA PORSCHE 935
jetflyer
06-13 04:11 PM
when a EB3-I family gets a GC ..they should buy a lottery on that day..it is definitely one of their lucky days
I like that as it aligns with my thought that to get GC (EB India) you need better odds than hitting Lotto :D
I like that as it aligns with my thought that to get GC (EB India) you need better odds than hitting Lotto :D
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pictures S Checker Stripe decals
satishku_2000
01-29 05:40 PM
Hopefully this does not get postponed and happens sooner rather than later. This should make the priority dates move faster than now.
dresses and #39;Porsche#39; decals on
alien2006
06-07 11:57 AM
So you guys are saying that because you are on a H1B you are working harder than others? Let me tell you that working hard does not guarantee your job. I have seen hard workers laid off left and right, be it US citizens, green card holders or H1Bs. In fact one of my GC friends said that it is a constant fear for him to be employed at all times, he was unemployed for 10 months after the dot com bust. That changed him completely, he said what will I do with my GC, can I feed my kids with a GC? I need a job. So it is everyone's perspective. I look at him and say at least you have a GC, he says at least you have a job. :)
I still think that GC is not a right. It is a privilege, as is a driving license. You have to pass the drivers test to get a license. Logiclife's message from centuries back about anyone being able to move to another country does not work in today's world. There were no visit visas needed to get to India or China for example in those years, but why is it a requirement to have a visa to visit India now? Things have changed.
BTW, I do think we should do what we can to improve the immigration process, but if nothing gets done its not the end of the world. We can "ask", "request" Congress to change laws. But surely you are not saying we "demand" for our rights to have a GC?
I still think that GC is not a right. It is a privilege, as is a driving license. You have to pass the drivers test to get a license. Logiclife's message from centuries back about anyone being able to move to another country does not work in today's world. There were no visit visas needed to get to India or China for example in those years, but why is it a requirement to have a visa to visit India now? Things have changed.
BTW, I do think we should do what we can to improve the immigration process, but if nothing gets done its not the end of the world. We can "ask", "request" Congress to change laws. But surely you are not saying we "demand" for our rights to have a GC?
more...
makeup Porsche Classic Adelaide 2008: Porsche 911
misanthrope
10-03 11:19 AM
Sensible people,
I need some greens here. :P
EB2 I/C retrogression 10-03-2008 11:11 AM Here you go again.
EB2 I/C retrogression 10-03-2008 08:17 AM Kutte
EB2 I/C retrogression 10-03-2008 08:16 AM Saale
EB2 I/C retrogression 10-03-2008 01:23 AM disapprov
I need some greens here. :P
EB2 I/C retrogression 10-03-2008 11:11 AM Here you go again.
EB2 I/C retrogression 10-03-2008 08:17 AM Kutte
EB2 I/C retrogression 10-03-2008 08:16 AM Saale
EB2 I/C retrogression 10-03-2008 01:23 AM disapprov
girlfriend porsche decals
v7461558
07-18 05:06 PM
1. Recapture lost Visa numbers- A just and reasonable demand that they cannot refuse.
2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.
Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"
3. Time limit on FBI namecheck.
2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.
Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"
3. Time limit on FBI namecheck.
hairstyles waterslide decals.
overhere
07-18 12:50 PM
Anybody has this situation?
My case was sent by my attorney June 29th (current July bulletin) USPS certified mail.
As per USPS online tracking record it was delivered July 2nd 12.45 PM.
No receipt yet. So far sounds okay.
But I got the copy of actual delivery receipt stamped by F.Heinauer (Director NSC USCIS) with the date 062907.
It is a stamp so some of their employee clearly has stamped it.
Now I am confused if that�s the receipt date they are going to go with and may reject the application.
And with this many application it may take more than AUG 17th to receive anything back.
I am very sure it was reached on July 2nd. It was only sent June 29th afternoon.
And USPS is telling there is no delivery can reach so fast. According to USPS the guy who might have stamped the delivery did not changed the stamp date from 0629 to 0702 since it was a weekend.
Anybody in the same situation? Any advice?
Thanks
not sure about this but i think your receipt date is 6/29 since they considered usps postmark date as the day you filed your application. that's one clear advantage when shipping through usps.
My case was sent by my attorney June 29th (current July bulletin) USPS certified mail.
As per USPS online tracking record it was delivered July 2nd 12.45 PM.
No receipt yet. So far sounds okay.
But I got the copy of actual delivery receipt stamped by F.Heinauer (Director NSC USCIS) with the date 062907.
It is a stamp so some of their employee clearly has stamped it.
Now I am confused if that�s the receipt date they are going to go with and may reject the application.
And with this many application it may take more than AUG 17th to receive anything back.
I am very sure it was reached on July 2nd. It was only sent June 29th afternoon.
And USPS is telling there is no delivery can reach so fast. According to USPS the guy who might have stamped the delivery did not changed the stamp date from 0629 to 0702 since it was a weekend.
Anybody in the same situation? Any advice?
Thanks
not sure about this but i think your receipt date is 6/29 since they considered usps postmark date as the day you filed your application. that's one clear advantage when shipping through usps.
mihird
07-10 09:50 PM
As per our lawyers, right now USCIS is in the process of entering our applications in their system (for date of receipt and such). There was a memo from USCIS saying that they will be done with the job of data entry by August 1.
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
I think, we should start another flower campaign for Condi....she too deserves to be bombarded with flowers....I was appalled listening to her views/opinions TV on the July visa bulletin fiasco....
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
I think, we should start another flower campaign for Condi....she too deserves to be bombarded with flowers....I was appalled listening to her views/opinions TV on the July visa bulletin fiasco....
dan19
09-14 05:10 PM
Rather than pushing for Bills which will pass only after we get a GC, why don't we ask for something more practical. I mean ask for minor policy changes rather than asking for major law changes.
Like,
1- granting EADs to all who have completed I-140,
2- reducing the timeframe to apply for AC21 from 6 months to 3 months,
This will solve a lot of people's immediate problems.
There are many people who couldn't get their status readjusted due to retrogression after filing I485, but could get EAD atleast.
What does that mean? It means by law only a certain amount of GCs can be issued in any year, but USCIS may issue more EADs based on one of their policies.
Like,
1- granting EADs to all who have completed I-140,
2- reducing the timeframe to apply for AC21 from 6 months to 3 months,
This will solve a lot of people's immediate problems.
There are many people who couldn't get their status readjusted due to retrogression after filing I485, but could get EAD atleast.
What does that mean? It means by law only a certain amount of GCs can be issued in any year, but USCIS may issue more EADs based on one of their policies.
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