Sunday, June 19, 2011

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  • ImmiLosers
    11-23 09:40 AM
    I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer





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  • 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....





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  • apt29
    11-11 03:43 PM
    Before suing the USCIS, we should inform USCIS of our intentions. My idea is like this -

    - Draft a letter highlighting the Statues and Rules (we can seek Attorneys help) regarding the Quarterly spill-over
    - IV members/non-members would send their electronic signatures
    - We would stick signatures in the electronic document
    - Print this huge(hope it will be) document and deliver personally to DHS/USCIS executive officers

    Any suggestions or changes are welcome.





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  • memyselfandus
    04-09 09:32 AM
    Details below



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  • pcs
    02-14 03:15 PM
    1 Post WW-1 Germany started to prosper economically, Jewish people have significantly contributed to its development especially by intellectual activities and in knowledge based industry
    People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital

    2. Since 1933, Nazi party, their parliamentarians several organizations and general media started a hate campaign against Jews blaming them for all ills of Germany

    In US, Different organizations, media personnel and some congressmen started criticizing H1B workers as if they are to blame for the financial downturn and job loss

    3. Nazi Eugenics lead by Josef Mengele and others prove through scientific experiment that Jews and non Aryans are intellectually inferior and unworthy to live. Their work was funded by Nazi party
    Norman Matloff have performed detailed study to prove that Indian and Chinese people are incapable of innovating. Research funded by CIS whose origin is questionable

    4. Jews were to wear special badges with Yuden written in it so that SS guys can identify them easily
    Several US states starts issuing DLs that has a different orientation with "TEMPORARY VISITOR" written across it so that cops can easily identify immigrants

    5. Starting from 1933, a number of restrictive laws prohibited Jews from taking up professions as lawyers, civil service, professors etc to protect German Jobs
    US Congress started imposing some impossible restriction on hiring mostly Indians and Chinese people in key industries and financial sector

    6. A strong wave of protectionist sentiment swept Germany. Members of of the Sturmabteilung started picketing outside Jewish business with "Germans! Defend yourselves! Don't buy from Jews."
    Strong protectionist sentiment in USA. Different US organizations cautioning against Indian firms in the name of defending American jobs

    7. Raiding Jewish business and making arrests on a number of charges
    Arrests and charges against body shops have started on body shops.

    More to follow


    The pint is well made....

    See the history... all big things ( godd or evil ) started small....


    How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????





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  • senthil1
    09-18 10:23 PM
    But their argument is this will add 500k gcs in one year whether it is a recapture or not. But it will not change any overall immigration numbers as most people will stay here by using AC21. Still their policy is anti immigration so they will oppose any immigration bill.Still one or 2 congressmen/Senator can block the bill by adding hundreds of amendments. So there will not be much time to pass.What you can do for this?


    Does IV already have a propaganda group of their own to thwart such baseless silly accusations?
    If not, this group ought to be formed; made up of people who are patient, have very good communication skills (both verbal and written) and be well aware of the current immigration process in the US.

    I am afraid that the clueless media might see these lies on Dice (which is one the top job search sites), and assume that what is posted there is accurate. If they run with it as a story without doing proper investigation, it will get unnecessary negative publicity. It needs a proper counter argument, supported by the facts. eg: the legislation that limits the current EB level at 140K per year; and the legislation that does not allow spillover of the unused visas from one year to the next.

    There are a lot of ignorant people around. Some knowledge transfer to them will help us all. (There will be some people who are not receptive to knowledge. No one can help them.)

    Thanks



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  • piyu7444
    01-31 04:39 PM
    Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.

    She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    Thanks a lot Desi3933. I dont have words to thank you...

    Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.





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  • GCVictim
    06-11 08:04 AM
    sent TX sentors



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  • eilsoe
    02-27 07:47 AM
    Sorry if it looks kind of blurry, but it�s just a preview render :) I would love to see how every body else is doing........... well, great I guess, but I�m just so curious! :D


    sure...

    http://www.avalon-rev.dk/junk/station1.jpg

    still just a WIP :)





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  • jthomas
    10-16 05:41 PM
    I would think better than doing one day off from work let all the state chapters do a mela for diwali, distrubute flyers, educate american citizens about legal immigration, get contributions and then pass on to IV.

    Lets check which state chapter can get max contributions



    Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.

    If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.



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  • matreen
    10-28 11:42 PM
    PD = Jan 29, 2007
    I40 = Aprroved = April, 2007
    485 = Receipt Date, July, 12 2007





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  • jthomas
    10-16 05:41 PM
    I would think better than doing one day off from work let all the state chapters do a mela for diwali, distrubute flyers, educate american citizens about legal immigration, get contributions and then pass on to IV.

    Lets check which state chapter can get max contributions



    Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.

    If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.



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  • gk_2000
    08-11 06:31 PM
    Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.

    Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
    We need focused efforts.

    Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.

    What say you guys?

    Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.

    Well the plan for now has to be just brain-storming. So let's compile the best ideas from here and make a list. So let's suggest our ideas and discuss the merits and de-merits of each of them

    We should have some criteria to evaluate the ideas. I propose (in order of importance):

    - Can be done with admin fix
    - Controversy. Would like path of least resistance
    - Addresses EB3 problem

    All are free to develop upon these..





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  • BlueSunD
    02-27 09:33 PM
    If it ain�t too late... here... http://www.jozvex.com/tutorials/fg.html :)



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  • sat0207
    04-27 03:16 PM
    from USCIS website check this link http://www.uscis.gov/graphics/public...ecks_42506.pdf





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  • h1techSlave
    04-04 10:41 AM
    I agree with the suggestion. As Murthy has written, the maximum effect is when individuals directly contact the senators and explain to them about the hard comings that we face. We could write to individual senators (e-mail would suffice) explaining about our predicament and the benefit to the American economy and people, if EB numbers are increased.

    H1techSlave



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  • nk2006
    09-11 12:11 PM
    http://seeker.dice.com/olc/thread.jspa?threadID=9965&start=0&tstart=0

    Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.

    Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.





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  • abstractvision
    03-19 12:07 AM
    Nixstor did explained his actions and I concur... Controversial handles should be banned... Handle "TALIBAN" was banned and same member opened new handle "TAWLIBANN" saying his name is Tawlibann Foggs...

    Anyway we should close this issue.. I do find tawlibann's posts decent and non-offensive.. Only thing is we need to practice some respect to the communitity when chosing a handle... Its just not this.. there could be potentially other offensive handles.. So I'd say there should be a step/check in registration process to monitor/regulate handles... You won't like any handle offending your religious beliefs, dis-respecting your nation or humanity itself...

    Just my 2 cents... We should stop this discussion and focus on immigration issues...
    Trying to understand why Mr. Foggs was singled out...

    May be obscene name: Humm ..much better than existing F---GC,fuckadothead, chumki, chumma, xxxx, coolhokie, ussexy, saksibaby, funkycatspangky, faaltoo and plenty ..check the member list.
    May be obscene posts: No...his posts were very decent. He pleaded his case very politely. Never lost his cool even after being banned without being told.
    May be meaning of Taliban is wrong: No, It means..someone who is seeking religious knowledge. Nothing wrong in it.
    May be bad relation with US: Humm, US may not have good relations now, that was not the case earlier in late eighties and early nineties...not too far back..;)
    May be having political cause: What about existing handles like FREE_KASHMIR, us-alien...etc
    May be reference to terrorism: Having a same name "AbstractVision" as a terrorist organization somewhere in remote part of the world doesnot make me a terrorist.
    May be religious name: Humm...not like existing jaihanuman, saibaba,saint.. .etc
    May be country specific: Hum...Jai_Hind, JisDeshMeinGangaBehthiHai etc.. more than 500 handles have meaning related to India and in Hindi, Tamil etc
    May be phone call was not received by proper person: Humm..did someone tell him to expect a call..;) Being a member doesnot to be glued to phone 24 hrs waiting for someone to call. A private message with time would have been the right way.
    May be phone no. was fake: I had my previous cell number in my profile that I used 2 years back. I corrected this evening after this interesting post. I wasn't red flagged.
    May be handle name was a distraction: If handle names are distractions, I wonder how far can we go....no offense. We have got bigger problems to deal with.
    May be incorrect details: Why would I put my correct details on the internet. Didn't someone educate me about Identity theft..;)
    May be user was unaware of unpublished nomenclature: That sounds like the case. May be admins would like to publish the pool of words they are comfortable with and that may not be distraction.

    No offense, but without letting the guy know beforehand is definitely not up to the mark. Give this guy a break.... . Lets not apply any rules retroactively....more than 80% of the handle names are ridiculous and does not seem to be coming from intelligent folks and people with exceptional abilities.

    I agree we should respect other members and names should be decent..but I do not agree that names can be regulated by forum administrators with no set rules of engagement ....so many languages in the world...one decent meaning in one country/language can be offensive somewhere else.

    What wonders me is that SO MANY easily understood obscene words in memberlist as handle were allowed by admin (F---GC,fuckadothead,xxxx,ussexy etc ) and 'Taliban' got hit by a 800 pound gurilla..;)..got banned....

    I am looking forward to a REAL issue discussion and get over this handle issue. Lets move on...





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  • new_horizon
    03-10 07:23 PM
    I'll be flying in to BWI on Sat 2nd night, and have booked a 2 bed hotel room for 3 nights. The hotel is close to the BWI and MARC/Amtrac station, with frequent trains to Union Station DC. If anyone would like to share the hotel room, pls send me a personal message. Thanks.





    Jaime
    09-28 05:44 PM
    Having worked for short periods of time in Germany and Netherlands, I would say that they very much make you feel that you are a foreigner, you can never fit in and are most unwelcome in the country. What irked me is the attitude that they will take your money gladly but don't want you there.
    In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
    The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
    No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:

    Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?

    I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.

    Sorry that happened to you in Europe. About the U.S. Average Joe, I need to tell you my point of view. I've lived in the U.S. for more than half my life and I have come to know Americans. While many are the way you described, no two persons are alike, and there are many great people in this country who see us as individuals and love us for who we are. Stay away from the bad crowd and look for those good people. They are out there!





    Hope_GC
    07-16 08:05 PM
    Guys Looking at this false propagandas my blood boils after paying whole lot of taxes... we get to see these claims. :mad: