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  • abhijitp
    07-08 04:04 PM
    No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?



    Something like this would certainly spread the word in at least the indian/asian community.
    Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.




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  • minimalist
    08-18 02:05 PM
    My reaction would have been the same if you were in Eb1 category. The fact is that I am trying to mobilize some people to get few things done. Of course, motivated by my self interest.

    I was against SunnySurya's porting agenda and still am. But the current issue he is taking up is a genuine one. There should be a reasonable processing expectation that the earlier the PD the sooner the GC,with all other things (like category)being equal.

    However eb3_nepa has a valid point too that you can't expect to utilize core's time/energy.
    In my opinion, SunnySurya is going in right direction championing this cause.
    All the best.
    --
    EB3 -I , May 2006
    Contribution $100




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  • dtekkedil
    07-06 04:50 PM
    Does IV Core have a say on sending flowers??

    how about sending it to Michael Chertoff and Condelezza Rice??

    IV core cannot "officially" endorse this... We are on our own.

    As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.




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  • jgh_res
    12-17 07:44 AM
    Are you trying to be a legal immigrant????? GC is not your right and you are here by choice.

    Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:

    1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.

    2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.

    So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?

    To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.



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  • supreet
    07-08 04:02 PM
    Hello All,

    After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.

    Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?

    OR

    Is being on 1099 while on EAD a bad idea and I should stay away from it?

    Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.

    Thanks all for you replies!!!

    - S




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  • Macaca
    07-07 07:08 AM
    Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
    Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007



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  • JazzByTheBay
    12-17 05:06 PM
    ...many folks amongst us come to this realization after seeing no signs of the proverbial light at the end of the tunnel, most having spent the better part of their most productive years to complete the immigration process. :)

    No, it's not criticism - I'm in the same boat, and the posts where many of us claim to plan to return home/country of origin/somewhere else "IF blah doesn't happen... by blah (insert your time period of choice/tolerance here)" are of high interest to me. It'd be great to be able to compile a list of such posts with original post date, end of tolerance threshold, action taken (if any) after that... and see what we get. :) (Yes, that may be a futile exercise for individuals... but may be of interest to IV as an organization... )

    My guess is those who want to move just wake up one fine day, decide they've had enough of it, and follow it up with action (like book tickets, find a job back home, etc... ).

    jazz

    Restarted the process again in 2006 due to job change.

    Two things that help me.

    1) Personally meeting lawmakers and making it obvious to them how screwed up their policies are.

    2) Being ready to go back. After all, the country where i was born and spent the first 25 yrs of my life cannot be that impossible for me to live in.




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  • Aah_GC
    05-08 02:33 PM
    lets get together and do something please.. we need to act this month..



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  • ganguteli
    03-06 04:22 PM
    If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.

    You would be safe because you have EAD. But what about those without EADs.

    If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.




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  • gc28262
    03-06 05:22 PM
    Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:

    http://www.eeoc.gov/policy/docs/national-origin.html#IIA

    This link says employer cannot discriminate based on country of origin.
    USCIS/government is free to discriminate against country of origin.



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  • rssb
    09-23 09:10 PM
    dummgelauft porting is happening and you may be correct about non IT companies and big IT companies being unwilling to port.
    I can recollect 7 people immediately of which 1 is a genuine EB2 , 1 was a genuine Eb3 (2003) and remaining 3 have done labor substitution in Eb3 , 2 in Eb2 with dates ranging from 2002-2004 during the July Fiasco. 2 Eb2 people already got their GC's.

    The other 3 people now have at least 3 years exp from 2007 --> 2010. Making them eligible for Eb2 ( with a variety of education + work exp combinations).

    Lucky people are the ones, who could manage to get labor substitution during June-July 2007, got EAD's within 6 months, had the flexibility these 3 years and are now capable of porting to Eb2.

    In the end it boils down to how resourceful one is and adapts to the situation and able to make things better for themselves. Same goes for L1 -> EB1 route. Porting by a person who has a substitute labor of 2002 ( in July 2007) will also effect a genuine EB3 application from 2006, as they are moving ahead even in the Eb3 queue.

    Porting is here to stay , the only hope for people is to combine efforts and try to follow up on the various proposals ( STEM Exemption, visa recapture, counting dependents in family quota, and provide relief to people by at least letting them file 485's without waiting for dates to become current )




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  • kshitijnt
    04-20 02:28 PM
    I would probably not worry too much about it. You probably signed a non compete not to join company B. You can save 4K in like 2-3 months. This company may have used the same tactic at multiple places. For future ref., just keep the non compete with you when you sign it.



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  • gc28262
    06-28 09:33 AM
    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.



    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin


    desi3933,

    Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.

    No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).

    BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.

    My turn to ask you a proof.
    Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?




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  • SunnySurya
    08-29 01:51 PM
    Yes, I do have an update. See my posting the Lawsuit thread.
    Any update on your lawsuit?



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  • GC08
    09-12 07:44 PM
    Isn't that they have completed input and receipt issuance for cases received by certain date (late Aug.?) according to their update? How come so many July filers still have not received receipts? Weird!

    No, it seems as per the latest USCIS update (on Sept 7, 2007) the NSC has completed issuing receipt notices till July 28, 2007, and TSC till July 2, 2007.

    Do you have any other updates?
    Thanks.

    I probably did not remember the date correctly. Anyway, it does not sound so promising.




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  • Pankaj
    06-22 10:46 AM
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

    As now the dates are current, my employer is trying to exploit me.
    He is not responding to my mails, and not picking my phone.

    Last modified message which I got from him is that:

    The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

    you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

    I am very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?



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  • xyz_123
    07-21 04:50 PM
    I work for a Fortune 100 company and they have recently denied my request to convert my application to EB2 because its very hard to complete the recruitment and also they are afraid of an audit.

    If there are options outside I wouldn't even think for a second, but there aren't that many employers willing to deal with the green card mess.




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  • mqualique
    05-01 04:01 PM
    Thanks

    Done, added poll.




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  • rvurady14
    08-11 10:45 PM
    Priority Date - Jun 2006(EB2)
    EAD Renewal Mailed - Jun 21, 2008 for me and my wife.
    Received by USCIS - Jun 24,2008
    Got the email today(Aug 11) saying 'Card production ordered' for both of us.

    Don't know yet whether it is for 1 or 2 Year.




    ub27
    07-29 08:53 AM
    Recieved an email just now. Status was updated to card production ordered.

    Paper filed at TSC on May 22, 2008
    Service center: TSC
    Last LUD on July 25 (Previous update was on May 25)
    Current status: Card production ordered.
    Waiting till I get the card .........

    Just got an e-mail telling my approval notice for EAD was mailed:

    Paper filed at TSC on May 22

    On July 28, 2008, we mailed you a notice that we have approved this I765




    PDOCT05
    10-10 12:06 PM
    I am still waiting :)



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