Jitamitra
04-28 11:50 AM
My 2 cents
$100.00 contribution through paypal.
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$100.00 contribution through paypal.
Receipt ID: 9D335528R9233850V
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sswhiz
12-18 03:23 PM
My wife was on H4 before and since Oct 2007 she started working on H1. Since we haven�t had a chance to go to our home country, her H1 is not yet stamped. She is thinking of switching to some other company. Can she transfer her H1 without having a stamp?
immigrationmatters30
02-12 07:26 PM
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
By the way, we will have minimum participation for this as most of guys/gals in this forum are on EAD(you will know this when you see amount of questions answered for someone EAD and all H1B related questions are usually buried under within an hour or so)...
By the way, we will have minimum participation for this as most of guys/gals in this forum are on EAD(you will know this when you see amount of questions answered for someone EAD and all H1B related questions are usually buried under within an hour or so)...
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Hermione
10-01 01:27 PM
No, it isn't NC and NC alone. The percentage of people that get stuck in NC is minuscule compared to the back log due to inefficiencies.
You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.
The fact remains, the USCIS is very far from effcient
I really do not know how you got to this conclusion. Everybody I know either are 1) stuck due to retro 2) stuck due to NC 3) approved within a reasonable period of time.
You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.
The fact remains, the USCIS is very far from effcient
I really do not know how you got to this conclusion. Everybody I know either are 1) stuck due to retro 2) stuck due to NC 3) approved within a reasonable period of time.
more...
mundada
01-12 04:53 PM
Here is the history of derivative acts under 14th amendment related to employement:
14th Amendment of the United States Constitution: guarantees due process and equal protection under the laws.
The Civil Rights Act of 1866, Section 1981: covers race-based discrimination by employers. Individuals may sue to assert their rights under this Act; which, unlike Title VII, has no limitation on back-pay liability.
The Civil rights Act of 1871, Section 1983: provides persons who believe they have been deprived of rights, privileges or immunities secured by the Constitution and laws to redress and holds those responsible for the deprivation liable to the person injured.
Equal Pay Act of 1963: forbids pay differentials based on sex. It covers all employees who come under the Fair Labor Standards Act, plus executive, administrative, professional employees and outside sales people. Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Title VII of the 1964 Civil Rights Act: bans discrimination in employment because of race, color, religion, sex, or national origin. It covers all terms and conditions of employment; and, it holds employers responsible for any discrimination that goes on within the employer's organization. Title VII is administered by the EEOC and covers employers with 15 or more employees.
Age Discrimination in Employment Act (ADEA): bans employment discrimination because of age against anyone 40 years of age and older, (also know as ADEA). Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Executive Order 11246: requires Federal contractors to include a nondiscrimination clause in all contracts and subcontracts in excess of $110.000 and all construction projects financed, even in part, with Federal funds. Revised Order No. 4 requires a written affirmative action program from contractors with 50 or more employees and contracts of $50,000 or more. This order is enforced by the U.S. Department of Labor.
Rehabilitation Act of 1973: Section 503 requires employers with government contracts and subcontracts of $2,500 or more to take affirmative action for qualified handicapped individuals. The regulations implementing the Act require "reasonable accommodation" to the physical and mental limitations of handicapped employees and applicants. Section 504 covers the employment practices of all recipients of Federal financial assistance, a broad spectrum of agencies and institutions from private employers operating under a Federal grant, to public schools, colleges and universities. Both Sections 503 and 504 are enforced by the OFCCP.
Pregnancy Discrimination Act: amends Title VII and states that employment discrimination based on pregnancy, childbirth, and related medical conditions is prohibited under Title VII. According to EEOC, the amendment, which affects those employers under the jurisdiction of Title VII, requires that "persons affected by pregnancy, childbirth, and related medical conditions be treated the same as persons affected by other temporary disabilities."
South Carolina Human Affairs Law: prohibits discrimination based on race, religion, color, age, sex, disability and national origin.
Americans With Disabilities Act of 1990 (ADA): gives protections to qualified individuals with disabilities that are like those provided under Title VII. It also guarantees equal opportunity in employment, public accommodations, transportation, state/local government services and telecommunication. ADA is enforced by EEOC.
1991 Civl Rights Act of 1991: allows employees to seek compensatory and punitive damages and for trial-by-jury. (this amends Title VII.)
=====
Now the way I interpret it, the requirement to not discriminate based on place of birth is protected by constitution under 14th amendment.
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the proposition that "all men are created equal" by empowering the judiciary to enforce that principle against the states.
Furthermore, the precedent rulings related to The Civil Rights Act of 1964 indicate how strictly this is interpreted and enforced. For example, in 1974, the Supreme Court ruled that the San Francisco school district was violating non-English speaking students' rights under the 1964 act by placing them in regular classes rather than providing some sort of accommodation for them.
I therefore believe there is a good chance at the Supreme Court ruling that because of long wait times of more than 3 years for a Green Card plus requirement of same or similar job during that long wait until the green card is received plus country quota affecting people born only in few countries leads to disadvantage for people of these few countries at work.
And yes, even I took law course and gave a seminar during my MBA. But even you would concur that this course at best is basic and does not make a person authority of the US legal system.
Finally, forget me or you, even a lawyer cannot say for sure what the final ruling will be in any case. And hence the best a person can do is give an educated opinion. In addition by human nature, the way I would interpret laws would be to my advantage while the way you would interpret them would be to your advantage. And hence I can understand your biases (and mine as well) because in case the country quota is found illegal by the US Supreme Court, it is the ROW that is going to be affected the most.
Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.
14th Amendment of the United States Constitution: guarantees due process and equal protection under the laws.
The Civil Rights Act of 1866, Section 1981: covers race-based discrimination by employers. Individuals may sue to assert their rights under this Act; which, unlike Title VII, has no limitation on back-pay liability.
The Civil rights Act of 1871, Section 1983: provides persons who believe they have been deprived of rights, privileges or immunities secured by the Constitution and laws to redress and holds those responsible for the deprivation liable to the person injured.
Equal Pay Act of 1963: forbids pay differentials based on sex. It covers all employees who come under the Fair Labor Standards Act, plus executive, administrative, professional employees and outside sales people. Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Title VII of the 1964 Civil Rights Act: bans discrimination in employment because of race, color, religion, sex, or national origin. It covers all terms and conditions of employment; and, it holds employers responsible for any discrimination that goes on within the employer's organization. Title VII is administered by the EEOC and covers employers with 15 or more employees.
Age Discrimination in Employment Act (ADEA): bans employment discrimination because of age against anyone 40 years of age and older, (also know as ADEA). Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Executive Order 11246: requires Federal contractors to include a nondiscrimination clause in all contracts and subcontracts in excess of $110.000 and all construction projects financed, even in part, with Federal funds. Revised Order No. 4 requires a written affirmative action program from contractors with 50 or more employees and contracts of $50,000 or more. This order is enforced by the U.S. Department of Labor.
Rehabilitation Act of 1973: Section 503 requires employers with government contracts and subcontracts of $2,500 or more to take affirmative action for qualified handicapped individuals. The regulations implementing the Act require "reasonable accommodation" to the physical and mental limitations of handicapped employees and applicants. Section 504 covers the employment practices of all recipients of Federal financial assistance, a broad spectrum of agencies and institutions from private employers operating under a Federal grant, to public schools, colleges and universities. Both Sections 503 and 504 are enforced by the OFCCP.
Pregnancy Discrimination Act: amends Title VII and states that employment discrimination based on pregnancy, childbirth, and related medical conditions is prohibited under Title VII. According to EEOC, the amendment, which affects those employers under the jurisdiction of Title VII, requires that "persons affected by pregnancy, childbirth, and related medical conditions be treated the same as persons affected by other temporary disabilities."
South Carolina Human Affairs Law: prohibits discrimination based on race, religion, color, age, sex, disability and national origin.
Americans With Disabilities Act of 1990 (ADA): gives protections to qualified individuals with disabilities that are like those provided under Title VII. It also guarantees equal opportunity in employment, public accommodations, transportation, state/local government services and telecommunication. ADA is enforced by EEOC.
1991 Civl Rights Act of 1991: allows employees to seek compensatory and punitive damages and for trial-by-jury. (this amends Title VII.)
=====
Now the way I interpret it, the requirement to not discriminate based on place of birth is protected by constitution under 14th amendment.
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the proposition that "all men are created equal" by empowering the judiciary to enforce that principle against the states.
Furthermore, the precedent rulings related to The Civil Rights Act of 1964 indicate how strictly this is interpreted and enforced. For example, in 1974, the Supreme Court ruled that the San Francisco school district was violating non-English speaking students' rights under the 1964 act by placing them in regular classes rather than providing some sort of accommodation for them.
I therefore believe there is a good chance at the Supreme Court ruling that because of long wait times of more than 3 years for a Green Card plus requirement of same or similar job during that long wait until the green card is received plus country quota affecting people born only in few countries leads to disadvantage for people of these few countries at work.
And yes, even I took law course and gave a seminar during my MBA. But even you would concur that this course at best is basic and does not make a person authority of the US legal system.
Finally, forget me or you, even a lawyer cannot say for sure what the final ruling will be in any case. And hence the best a person can do is give an educated opinion. In addition by human nature, the way I would interpret laws would be to my advantage while the way you would interpret them would be to your advantage. And hence I can understand your biases (and mine as well) because in case the country quota is found illegal by the US Supreme Court, it is the ROW that is going to be affected the most.
Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.
gunabcd
07-17 10:17 PM
if i was an EB-3 applicant (thats AFTER EB-2 and AFTER EB-1) i would be careful about who i call stupid and educationally unqualified.....chill big guy....:)
if you read my post carefully (and if you can understand it) u'll notice that i called the "idea" stupid not the person. Filing in EB3 or EB1 does not prove your IQ.
if you read my post carefully (and if you can understand it) u'll notice that i called the "idea" stupid not the person. Filing in EB3 or EB1 does not prove your IQ.
more...
Dhundhun
06-26 02:09 PM
I need to apply for EAD and AP renewal, Can some one please point me in right direction as what is the process of e-file and paper file.
thnx
Most of the questions are answered here: http://immigrationvoice.org/forum/showthread.php?t=18737
thnx
Most of the questions are answered here: http://immigrationvoice.org/forum/showthread.php?t=18737
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bheemi
06-25 05:03 PM
hi mirage,
you dont need to pay anymore money for EAD when you apply in future. this is what my attorney said. Thats why USCIS fees is very high and its one time fess for EAD and AP.
you dont need to pay anymore money for EAD when you apply in future. this is what my attorney said. Thats why USCIS fees is very high and its one time fess for EAD and AP.
more...
abqguy
06-23 06:00 PM
Took me a minute. The lady also recommended that I call my local rep. I told her that I already did.:)
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Jaime
09-14 03:52 PM
Change your mind and come to DC!!! We can succeed together!!!!!
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Macaca
09-17 02:27 PM
Some people hear
their own inner voices
with great clearness.
And they live by what they hear.
Such people become crazy ...
or they become legend
Jim Harrison, Legend of the Falls
their own inner voices
with great clearness.
And they live by what they hear.
Such people become crazy ...
or they become legend
Jim Harrison, Legend of the Falls
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sanju_dba
06-11 01:51 PM
Hi,
This is one of my friends case: Please guide him....
"My wife's employer filed for her GC during 2007 August rush for all of us. Her case is in EB3 with Feb 2005 PD. My labor is approved and filed for I-140 about a year ago and still hasn't been approved. Now, my PD is current based on yesterday's Visa Bulletin. Can I file another I-485 for me with a pending I-485 thru my wife's employer?"
Thanks in advance....
I think you cannot.
some where in these forums you can dig more...
PD Porting is applicable for the primary applicant but not to the derivative ( ie you ).
Please double check with your attorney, I wish i am wrong!
This is one of my friends case: Please guide him....
"My wife's employer filed for her GC during 2007 August rush for all of us. Her case is in EB3 with Feb 2005 PD. My labor is approved and filed for I-140 about a year ago and still hasn't been approved. Now, my PD is current based on yesterday's Visa Bulletin. Can I file another I-485 for me with a pending I-485 thru my wife's employer?"
Thanks in advance....
I think you cannot.
some where in these forums you can dig more...
PD Porting is applicable for the primary applicant but not to the derivative ( ie you ).
Please double check with your attorney, I wish i am wrong!
more...
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02-25 11:14 AM
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glen
05-24 09:41 AM
Transaction ID #1E6957746S135471G
Donation of $100/-
Go IV
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Go IV
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bigboy007
09-25 03:38 AM
I agree with concept of sending ac21 letter but there are similar experiences that this letter is ofcourse of hardly any consideration.
AC21 is a law, if erraneously denied it should be opened by MTR...as ppl have underlined , it doesnt matter whether a person used EAD or H1B. This whole discussion is triggered by employer revoking 140 not becoz USCIS is denying due to I129. Its all in the IO if hez not aware of AC21 thats our trouble begines. :( but i have not heard of any failure of AC21 MTR so far ...
prince_charming, you had mentioned that you had done H1 transfer with AC21.
I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.
AC21 is a law, if erraneously denied it should be opened by MTR...as ppl have underlined , it doesnt matter whether a person used EAD or H1B. This whole discussion is triggered by employer revoking 140 not becoz USCIS is denying due to I129. Its all in the IO if hez not aware of AC21 thats our trouble begines. :( but i have not heard of any failure of AC21 MTR so far ...
prince_charming, you had mentioned that you had done H1 transfer with AC21.
I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.
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jasmin45
07-21 07:32 PM
I understand that it might be late and filing a case might be expensive etc. But how come people like murthy.com etc. were willing to fight the sudden revoking of I-485 by UCIS along with AILF? It will only be hypocritical to consider that as injustice and this as not. I don't think filing a case is going to bring the whole process to a halt. The BEC will still continue to process the cases while this case goes on.
We have to do away with all those naysayers and all those IFs and BUTs. I don't belive in it.
We know we have a justified case here and it is a simple matter of whether we are willing to fight.
Why can't we get the support of AILF for this or other law firms? I know there are enough people who have been affected to justify that.
Nothing against you guys.. we totally understand your pain.. Labor is an application by your employer.. and they will have to be the paintiff not one of us as an individual. Where as 485 is an application by Individual for AOS. So Individual can be a paintiff and thats the reason why I believe ALIF was planning to move forward with class action..had uscis not reversed their decision.
I myself had a PD of 02 but my employer decided to drop classic labor to file again using PERM in 05.
We have to do away with all those naysayers and all those IFs and BUTs. I don't belive in it.
We know we have a justified case here and it is a simple matter of whether we are willing to fight.
Why can't we get the support of AILF for this or other law firms? I know there are enough people who have been affected to justify that.
Nothing against you guys.. we totally understand your pain.. Labor is an application by your employer.. and they will have to be the paintiff not one of us as an individual. Where as 485 is an application by Individual for AOS. So Individual can be a paintiff and thats the reason why I believe ALIF was planning to move forward with class action..had uscis not reversed their decision.
I myself had a PD of 02 but my employer decided to drop classic labor to file again using PERM in 05.
more...
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Dhundhun
01-14 06:01 PM
Why H1B, F1, etc.?
Whenever US allows a person/family to come in US on work/study, US should provide equal opportunity to that person/family in most aspects of life (except National Security, Voting Rights, etc. which is after becoming citizen).
If at all any binding required, it could be somthing like six months - not of years and years.
Some bold decisions required - just like closing Guantanamo prision
Whenever US allows a person/family to come in US on work/study, US should provide equal opportunity to that person/family in most aspects of life (except National Security, Voting Rights, etc. which is after becoming citizen).
If at all any binding required, it could be somthing like six months - not of years and years.
Some bold decisions required - just like closing Guantanamo prision
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x1050us
03-05 02:32 PM
Another FOIA case http://www.bloomberg.com/apps/news?pid=20601087&sid=aG0_2ZIA96TI&refer=home
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redds777
06-11 10:45 PM
Hi Caliber
IV is fighting for all EB Categories including H1Bs. When we went to the congressmen and senators this week we never brought up EB2 or EB3 we said all EB is facing backlogs .
As i had said in my previous posts, we all need to rise up to the occation and raise our voice through IV . That is the only solution to all our problems. we need to be united and come forward to attend these events and raise funds .
There are a lot of groups jockying for the Green cards on capitol hill for their interest groups . they are even lobbing for the recaptured visas and quotas etc.. Unless we EB people rise up and make our voices heard, nothing is gong to happen. please come forword and spread the word to your friends to support IV both by participation and financially . even donating 10 dollars a month goes a long way for our cause.
we are 45k Members in IV . But donors are only 10% i heard. that is disappointing paercentage for the high skilled category. Think about it this way . we did not eat one day in a month in a restaurant and instead contributed for a worthy cause which will benifit all of us.
IV has a lot of goodwill among most of the lawmakers. That is because of the sincere efforts putin by the core for advocating our cause. Guys believe me there are a lot of honest people in IV core and IV members who will make efficient use of the financial resources to maximise the bang for the buck. ( I have seen first hand how carefully the money is used during the advocasy days this week in DC ) .
I would also like to point out that Not every time IV will be successfull in blocking an unfavourable amendment or bringing up support for a perticular issue . some times we have to givein to the more stronger groups . thats just how the business is done in DC . it is all based on the deal making in the offices on the hill. we should not be discouraged by the set backs when they happen. We need to be united and fight for our cause.
Hope i have made it clear to all how important is to participate and contribute to IV for our cause.
Thanks
Kartik, as long as we, the EB3 do not come forward and collect huge amount for lobbying, we will continue to lurk here for many more years.
Unfortunately the sad part is, whatever lobbying is done actually helped only EB2 I, may be due to a wrong notion by USCIS that all Hi-tech immigrants are EB2. This could be a fact as there are thousands of 245 cases that fell into EB3.
Another bad thing was that USCIS release this VB yesterday which means one extra day to CRY.
I do not blame any one, but ourselves. We do not want to spend money and hence dying in this process. No solution, but cry at every VB day.
IV is fighting for all EB Categories including H1Bs. When we went to the congressmen and senators this week we never brought up EB2 or EB3 we said all EB is facing backlogs .
As i had said in my previous posts, we all need to rise up to the occation and raise our voice through IV . That is the only solution to all our problems. we need to be united and come forward to attend these events and raise funds .
There are a lot of groups jockying for the Green cards on capitol hill for their interest groups . they are even lobbing for the recaptured visas and quotas etc.. Unless we EB people rise up and make our voices heard, nothing is gong to happen. please come forword and spread the word to your friends to support IV both by participation and financially . even donating 10 dollars a month goes a long way for our cause.
we are 45k Members in IV . But donors are only 10% i heard. that is disappointing paercentage for the high skilled category. Think about it this way . we did not eat one day in a month in a restaurant and instead contributed for a worthy cause which will benifit all of us.
IV has a lot of goodwill among most of the lawmakers. That is because of the sincere efforts putin by the core for advocating our cause. Guys believe me there are a lot of honest people in IV core and IV members who will make efficient use of the financial resources to maximise the bang for the buck. ( I have seen first hand how carefully the money is used during the advocasy days this week in DC ) .
I would also like to point out that Not every time IV will be successfull in blocking an unfavourable amendment or bringing up support for a perticular issue . some times we have to givein to the more stronger groups . thats just how the business is done in DC . it is all based on the deal making in the offices on the hill. we should not be discouraged by the set backs when they happen. We need to be united and fight for our cause.
Hope i have made it clear to all how important is to participate and contribute to IV for our cause.
Thanks
Kartik, as long as we, the EB3 do not come forward and collect huge amount for lobbying, we will continue to lurk here for many more years.
Unfortunately the sad part is, whatever lobbying is done actually helped only EB2 I, may be due to a wrong notion by USCIS that all Hi-tech immigrants are EB2. This could be a fact as there are thousands of 245 cases that fell into EB3.
Another bad thing was that USCIS release this VB yesterday which means one extra day to CRY.
I do not blame any one, but ourselves. We do not want to spend money and hence dying in this process. No solution, but cry at every VB day.
gapala
03-20 07:17 PM
Info I provided on G325 is correct. I have only worked for 'Employer #1' and 'Employer #2', which I entered in G325. I have never worked for 'Employer X' and I did not mention 'Employer X' in G325.
Thanks.
Well, It depends on whether you did a transfer from Employer #2 to Employer X OR Employer X filed a new H1B. If this is a transfer, you should not waste any more time on this forum, rather contact an attorney immediately and get help.
Thanks.
Well, It depends on whether you did a transfer from Employer #2 to Employer X OR Employer X filed a new H1B. If this is a transfer, you should not waste any more time on this forum, rather contact an attorney immediately and get help.
optimist
05-21 09:27 AM
We always claim that we are highly-skilled individuals who earn far above the national average. Let our wallets speak for us now.
Please fight for YOUR right. Let's end the Green Card mess. It's now or never.
Contributed: $100
Paypal Transaction ID: 22B89479TN023835Y
Go IV, GO!
Please fight for YOUR right. Let's end the Green Card mess. It's now or never.
Contributed: $100
Paypal Transaction ID: 22B89479TN023835Y
Go IV, GO!
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