Macaca
07-09 09:30 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf 22 CFR Part 42:51
In general read 22 CFR Part 42 http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html
The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.
Please note very carefully that we are looking for a LAW that specifies when AOSs can (not) be submitted by GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf 22 CFR Part 42:51
In general read 22 CFR Part 42 http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html
The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.
Please note very carefully that we are looking for a LAW that specifies when AOSs can (not) be submitted by GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
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zilmax007
11-17 08:15 PM
Done.
buddyinsd
08-26 01:47 PM
Whats ur PD? U r not current in Aug right?
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
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amitjoey
07-09 04:57 PM
Please use the resources already available, there is a write up, also there is a pdf and a html version by english_august.
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Roger Binny
05-09 07:45 PM
On what basis the law suite will be ? i guess they we are not entitled to get GC's, its a privilege but not a right, i agree this whole GC crap is costing our families in all forms, but still, the idea of law suit doesn't have merit.
Anything to do with EB immigration i mean even if administration is convinced to do some thing +ve, financial market and job market has to continue with +ve development atleast for few months, other wise there will be heck of outcry by the natives.
Mean while, best thing is some one coming out with unused visa numbers math to claim them plus some convincing arguments about encouraging or supporting legal immigration, because all these EB immigrants here are paying taxes atleast half a decade to decade long and living legally as well helping america continue as a leader in technology.
Rally's raising mexican flags costed them a lot by getting plenty of -ve attention even from immigation moderates, than doing any favor. Going squarely against them by using their own law will give a powerful tool to simply crush us in a different way,whichever country we may live in, it is never a right idea.
Any big initiatives during the financial turmoil simply wont yeild any positive result, this may be just a common sense,as well it is also understandable that no sensible politician will be willing to help immigrants(foreigners),by poking their own people in wrong way when the unemployment is close to historic range.
Yes i'm living in this country for almost a decade and waiting in EB3 queue, this retrogession is nothing different than not getting GC when the dates were current, both are same, only difference is we wont hope when it is purely retrogressed, end result is same.
Sorry for my poor english.
Anything to do with EB immigration i mean even if administration is convinced to do some thing +ve, financial market and job market has to continue with +ve development atleast for few months, other wise there will be heck of outcry by the natives.
Mean while, best thing is some one coming out with unused visa numbers math to claim them plus some convincing arguments about encouraging or supporting legal immigration, because all these EB immigrants here are paying taxes atleast half a decade to decade long and living legally as well helping america continue as a leader in technology.
Rally's raising mexican flags costed them a lot by getting plenty of -ve attention even from immigation moderates, than doing any favor. Going squarely against them by using their own law will give a powerful tool to simply crush us in a different way,whichever country we may live in, it is never a right idea.
Any big initiatives during the financial turmoil simply wont yeild any positive result, this may be just a common sense,as well it is also understandable that no sensible politician will be willing to help immigrants(foreigners),by poking their own people in wrong way when the unemployment is close to historic range.
Yes i'm living in this country for almost a decade and waiting in EB3 queue, this retrogession is nothing different than not getting GC when the dates were current, both are same, only difference is we wont hope when it is purely retrogressed, end result is same.
Sorry for my poor english.
prashantkh
06-23 05:06 PM
I agree, another argument in support is that if the situation of skilled legal immigrants does not improve many of them may consider other options like Canada, Australia, UK, NZ or even going back home. The employers most likely will outsource the jobs to other countries and once that happens that position is permanently gone from US. Hoewver, if an immigrant is working here the position is still here in US and can be taken by a citizen or a resident here if the immigrant workers leaves the job position.
PK
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
PK
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
more...
sankap
07-10 05:07 PM
So, we're back to the semantics. We need USCIS/DOL definitions of "permanent" and "legitimate"--not the definition just for educators/tenured teaching positions, as desi3933 gave. If we don't have the definitions, we can/can't assume anything/everything. Therefore, self-employment in same/similar occupation, with a *projected* cash flow, should be classified as "FT, permanent."
You are wrong, again!. ;)
I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.
.
You are wrong, again!. ;)
I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.
.
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anilsal
12-10 12:37 PM
There is absolutely no need for more foreigners here and no need for more green cards.
I guess to the original inhabitants, you are a foreigner too. Now with what card did your ancestors arrive? I am sure just the steamer card would not make the cut.
By the way, thanks for visiting our forums. There sure are so many websites on the internet, that you took the time to visit us.
I guess to the original inhabitants, you are a foreigner too. Now with what card did your ancestors arrive? I am sure just the steamer card would not make the cut.
By the way, thanks for visiting our forums. There sure are so many websites on the internet, that you took the time to visit us.
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man-woman-and-gc
09-15 03:46 PM
Thanks to all who have pledged so far for fighting against injustice.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
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gcbikari
04-24 11:44 AM
Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.
Oh Boy. What I wanted to know was if attorney is willing to work on contigency basis (couldn't get that word right), then we can risk. I wish I was a desi employer. I know in a chaos situation everyone is a suspect. I didn't give more accurate info in my profile because, i know some of my colleagues spy for my employer. I am in my 9th year on h1 and still struggling. though i said example of my friend, i personally paid 350 to a labor attorney last week to evaluate my non-compete. no matter who says what, i again repeat u either have to spend money and or loose job if you violate. ofcourse each case is different and has to be reviewed.
BTW I believe H1 issue and non-compete are different. I think (y)our desperate situation and anger on h1b process is leading to this reply. but non-compete comes under labor and employment.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.
Oh Boy. What I wanted to know was if attorney is willing to work on contigency basis (couldn't get that word right), then we can risk. I wish I was a desi employer. I know in a chaos situation everyone is a suspect. I didn't give more accurate info in my profile because, i know some of my colleagues spy for my employer. I am in my 9th year on h1 and still struggling. though i said example of my friend, i personally paid 350 to a labor attorney last week to evaluate my non-compete. no matter who says what, i again repeat u either have to spend money and or loose job if you violate. ofcourse each case is different and has to be reviewed.
BTW I believe H1 issue and non-compete are different. I think (y)our desperate situation and anger on h1b process is leading to this reply. but non-compete comes under labor and employment.
more...
ramus
07-07 10:07 PM
who is up for DC?
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sidbee
07-28 01:14 PM
Just Chill Guys,
I am EB3, and i know we EB3 are screwed , and EB2 are luckier than us.
There is no need to fight,
If we dont get the GC , we can go back home(for me home is india) .... believe me home is not so bad( even after the blasts) Just enjoy your time here, live for the moment.
I work for an employer , whom i value more than EB2 , so i dont want to port to EB2(Even when i filed for EB3 , i was eligible for EB2 , But my lawyers assistant , just wanted to play safe) Everyone has his own preferences.
I think this is a post , for the EB3 to crib , and talk (humans feel good after doing that) so let us do that.
I am EB3, and i know we EB3 are screwed , and EB2 are luckier than us.
There is no need to fight,
If we dont get the GC , we can go back home(for me home is india) .... believe me home is not so bad( even after the blasts) Just enjoy your time here, live for the moment.
I work for an employer , whom i value more than EB2 , so i dont want to port to EB2(Even when i filed for EB3 , i was eligible for EB2 , But my lawyers assistant , just wanted to play safe) Everyone has his own preferences.
I think this is a post , for the EB3 to crib , and talk (humans feel good after doing that) so let us do that.
more...
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CADude
10-10 05:55 PM
I send my Employment based I-485/I-765/I-131 application on June 29th 2007 and received at NSC on July 2nd 2007 (USPS Express mail tracking no. XXXX). It�s more than 100 days and I didn�t even received the Receipt Number for all the applications.
I have following question for CIS Ombudsman�s office:
1) Per US Law, I have to get the EAD in 90 days of filling of my application? How I can get the EAD in 90 days where I didn�t even get the Receipt Number after 100 days?
2) Why �First In First Out (FIFO)� process is not followed by USCIS for receipting? It�s unfair to applicant like me when application filed on August 17th 2007 enjoying the EAD card and able to work.
3) What action you can will take to force USCIS follow their own operational manual guidelines and follow FIFO in future?
I have following question for CIS Ombudsman�s office:
1) Per US Law, I have to get the EAD in 90 days of filling of my application? How I can get the EAD in 90 days where I didn�t even get the Receipt Number after 100 days?
2) Why �First In First Out (FIFO)� process is not followed by USCIS for receipting? It�s unfair to applicant like me when application filed on August 17th 2007 enjoying the EAD card and able to work.
3) What action you can will take to force USCIS follow their own operational manual guidelines and follow FIFO in future?
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nfinity
07-05 10:59 AM
Yes, The word Gandhigiri is a combination of Gandhi - giri , the first is in reference to Mahatma Gandhi and giri is a slang for doing things in a certain way. Gandhigiri means protesting in a peacful way but in a way that embaresses the people being protested against.
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n_2006
06-27 10:29 AM
If you are consulting and not getting bench period salary, try to be out of project for some time and ask him to pay for that period. According to H1B he supposed to pay the salary. Probably at that point he has to let you go.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
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pret_23
01-30 05:04 PM
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
Yes its tough but trust me if we dont have illegals in america nobody would have even bothered abt CIR.And, in the current market situation they would have reduced H1B quota also....
:rolleyes::rolleyes:
Yes its tough but trust me if we dont have illegals in america nobody would have even bothered abt CIR.And, in the current market situation they would have reduced H1B quota also....
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amitjoey
07-09 07:29 PM
It is now very important for each one of us to write to reporters. english_august, the TV Crew reporting this, should know about the flowers going to the hospitals, they can cover it when the truck goes there.;)
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HOPE_GC_SOON
07-28 06:27 PM
Gurus:
Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.
I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)
This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin
Is this something to cheer:)
Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.
I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)
This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin
Is this something to cheer:)
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avi
12-18 03:48 PM
anyone from July2 filers here waiting for FP notice still?
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
pamposh
08-18 02:11 PM
Is there anyone who is with me, anyone at all? I need around 15 people to kick this off...
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
I have not read your controversial posts others are referring to but about this one, this is a genuine cause and I am with you for this.
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
I have not read your controversial posts others are referring to but about this one, this is a genuine cause and I am with you for this.
willigetagc
11-21 01:49 PM
Mehul,
I am sitting here wondering what to say...My gut feeling says that you will make it through and you still have 6 months to turn the whole situation around.
But, first get your hands on this movie and watch it... http://www.youtube.com/watch?v=_b1GKGWJbE8
It is on a book called "The Secret" by Rhonda Byrne. Watch the movie and start believing in yourself and go for whatever treatment is available.
You will make it bro..
I am sitting here wondering what to say...My gut feeling says that you will make it through and you still have 6 months to turn the whole situation around.
But, first get your hands on this movie and watch it... http://www.youtube.com/watch?v=_b1GKGWJbE8
It is on a book called "The Secret" by Rhonda Byrne. Watch the movie and start believing in yourself and go for whatever treatment is available.
You will make it bro..
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