lazycis
02-13 02:37 PM
http://www.ailf.org/lac/lac_lit_030402a.asp
WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.
Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.
The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.
If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.
Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.
The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.
If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
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sledge_hammer
01-14 02:29 PM
They are implying that those who are currently working for body shops are to find an employer that would offer their definition of employer-employee relationship. But you are still with the body shop, then your extnesion will be denied!
Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?
A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.
Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?
A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?
A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.
Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?
A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
tikka
07-03 11:38 PM
Digged , Thanks admins for all these, I really appreciate your hardwork. I want to call senator/Rep in PA, Any contacts of them..
this might help
http://www.senate.gov/
thank you for digging
this might help
http://www.senate.gov/
thank you for digging
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cinqsit
01-15 02:37 PM
I am surprised why H1bs are angry ? This memo will impact the body shop only . Why shed tears for these desis dallas ? There is no bottom-line for these Indian Dallas. Now USCIS has just said we will follow the rules and people are worried ? Why the desi IT companies have/will not follow the rules.Work directly for client or good consulting companies. I see this end of Body shopping model of business.
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
more...
Lasantha
12-14 05:29 PM
Yes, now that does look fair to me.
Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
1) Increase GC numbers.
2) remove per country cap
3) Remove dependents from GC numbers.
All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.
Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
1) Increase GC numbers.
2) remove per country cap
3) Remove dependents from GC numbers.
All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.
angelfire76
01-14 03:38 PM
I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?
cinqsit
Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.
cinqsit
Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.
more...
Refugee_New
02-12 12:43 PM
EB2 India is screwed again. My wait continues.................
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mchundi
01-23 06:04 PM
I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.
more...
eb2_mumbai
09-25 01:27 PM
I did a quick DB search and here are my findings for 2005 & 2006 PERM data
2005 case status -certified = 6133
Prevailing wage level - level II = 2212
2006 case status certified 79782
Prevailing wage level - level II = 32283
2005 case status -certified = 6133
Prevailing wage level - level II = 2212
2006 case status certified 79782
Prevailing wage level - level II = 32283
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andycool
09-17 07:46 AM
Here are the authentic numbers from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
These numbers are not correct .....
the total numbers of perm certified for india from March 2005 - March 2006 is ~ 11000 this includes all EB cases . I dont know how you got the number 37000 .
this is from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
Thanks
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
These numbers are not correct .....
the total numbers of perm certified for india from March 2005 - March 2006 is ~ 11000 this includes all EB cases . I dont know how you got the number 37000 .
this is from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
Thanks
more...
vkrishn
07-21 11:23 AM
More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
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psaxena
01-19 01:28 PM
what did you do to help IV fight?
Is IV fighting for all of us on this?
People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?
Is IV fighting for all of us on this?
People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?
more...
house Jesper realises the Gold Coast
andy007
07-04 11:11 AM
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Application Fee : Main Applicant : $375.00 (Application Fee) + $70.00 (Finger Print) + $50.00 (Fedex) + Medical Exam ($250.00) + Photos ($40.00) + Lawer Fee ($1500.00) and if we have any dependent same thing except Application fee and Lawer fess ($325.00 (Application Fee) + 500$ Lawer Fee)
All Togther : $2285.00 and calling here and there almost $2500.00 Per Person .... any other information please ask us........ thanks
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Application Fee : Main Applicant : $375.00 (Application Fee) + $70.00 (Finger Print) + $50.00 (Fedex) + Medical Exam ($250.00) + Photos ($40.00) + Lawer Fee ($1500.00) and if we have any dependent same thing except Application fee and Lawer fess ($325.00 (Application Fee) + 500$ Lawer Fee)
All Togther : $2285.00 and calling here and there almost $2500.00 Per Person .... any other information please ask us........ thanks
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trramesh
06-15 11:00 AM
For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.
Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.
We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.
The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.
Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.
We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.
The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.
more...
pictures The Esplinade - Gold Coast
Aah_GC
08-15 09:49 PM
I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.
What SRK - global icon you are talking about. He is not leader of the nation...he is just actor. He might be god for you and does not need to be the same for others.
You might want to read this warning to yourself. I am not a Muslim myself, but solely pointing to the obscureness of the system. Even Kamal Hassan payed a price for his name, it's high time this changes, and this routine harrasment is very comparable to the H1B experience at POE.
What SRK - global icon you are talking about. He is not leader of the nation...he is just actor. He might be god for you and does not need to be the same for others.
You might want to read this warning to yourself. I am not a Muslim myself, but solely pointing to the obscureness of the system. Even Kamal Hassan payed a price for his name, it's high time this changes, and this routine harrasment is very comparable to the H1B experience at POE.
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GCard_Dream
02-12 02:15 PM
If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.
I wonder what kind of move we might see for eb3 -row next month.
Yeah, Tell me about it!!!
Just two more months and mine would have been current!!!!
I wonder what kind of move we might see for eb3 -row next month.
Yeah, Tell me about it!!!
Just two more months and mine would have been current!!!!
more...
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gc1024
07-24 02:59 PM
Whys is India never an option to go back? After all, the economy is booming isn't it?
girlfriend Nobby Beach is one of the
pd_recapturing
03-14 09:27 AM
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
Thanks
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alien007
07-22 08:56 AM
2005. The guy at the college said to the FOBs (including myself)...Dress in your best suits, we are goin to a business meeting! all of us got excited. the meeting was attended by people of all colors. felt good that desis are heading it! then i joined paying around $250. Slowly came to know that its not my cup of tea. The quickstar guys have only few brands of softdrinks and other amway products, always nagging others to join in, faking a spontaneous friendship. The speeches they give at the meetings are all almost the same. they seem to have a standard text, and have an aquired american accent. they talk abt being financially independent, but losing perspective, friends, decency. after a few weeks, i got my refund, and pulled out.
2006. TX. a stranger desi lady was being so friendly to me and my friend in a Walmart. After sometime when she was trying to give her hubby's contact details, i walked away. my friend was caught up, and he wouldnt come! I got many follow up calls from her abt business meetings. i said NO.
2007. a friend of mine comes to Florida from India to do a phd in chemistry. calls me up and says im coming to DE for a meeting. you should come! he said it wasnt abt chemistry. I could immediately smell some amway stink. i advised him not to go for it. im glad he and a lot of others stopped getting into this quickstar quicksand.
I mean, the weeds are everywhere! and at all times.
Just like Telemarketing is regulated at the federal level from using deception, i hope this amway mania is kept under check as well.
2006. TX. a stranger desi lady was being so friendly to me and my friend in a Walmart. After sometime when she was trying to give her hubby's contact details, i walked away. my friend was caught up, and he wouldnt come! I got many follow up calls from her abt business meetings. i said NO.
2007. a friend of mine comes to Florida from India to do a phd in chemistry. calls me up and says im coming to DE for a meeting. you should come! he said it wasnt abt chemistry. I could immediately smell some amway stink. i advised him not to go for it. im glad he and a lot of others stopped getting into this quickstar quicksand.
I mean, the weeds are everywhere! and at all times.
Just like Telemarketing is regulated at the federal level from using deception, i hope this amway mania is kept under check as well.
_TrueFacts
09-04 02:13 AM
True_facts, you cannot denigrate dead people. I know you are coward, because you cant say what you can say with your own ID. Go to every village in AP, people are better off now than 5 years ago,that's YSR's legacy. YSR improved irrigation, infrastructure across state and percapita income in state.
Ohh yeah..he built Airports, Freeways, schools in each village!
Improved irrigation..what did he improve other than giving away free money
Infrastructure across the state: In the last 5 years, they haven't reworked existing roads..forget anything new ..No single project completed till date..but in the name of tenders he minted millions.
Per capita income..what he do to increase that?
look at the link: Ysr the Christian Terrorist Cm of Andhrapradesh (http://www.scribd.com/doc/17370754/Ysr-the-Christian-Terrorist-Cm-of-Andhrapradesh)
Ohh yeah..he built Airports, Freeways, schools in each village!
Improved irrigation..what did he improve other than giving away free money
Infrastructure across the state: In the last 5 years, they haven't reworked existing roads..forget anything new ..No single project completed till date..but in the name of tenders he minted millions.
Per capita income..what he do to increase that?
look at the link: Ysr the Christian Terrorist Cm of Andhrapradesh (http://www.scribd.com/doc/17370754/Ysr-the-Christian-Terrorist-Cm-of-Andhrapradesh)
485Mbe4001
06-11 07:09 PM
"Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
