Guest007
07-25 08:28 PM
Bkarnik,
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
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Hinglish
01-08 10:04 PM
May the best man win !
niceguy369
01-31 02:30 PM
My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.
1. He did not get his W2. And the company is not responding to his queries for his W2
2. He had to pay the tax on the amount which he did not received any money for 1.5 months
I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.
Thanks.
1. He did not get his W2. And the company is not responding to his queries for his W2
2. He had to pay the tax on the amount which he did not received any money for 1.5 months
I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.
Thanks.
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Daisy
10-25 02:15 PM
My EB3 India PD: March 2003
June filer
June filer
more...
amsgc
07-04 07:53 PM
Ramba - Excellent post!
The lawsuit will bring to light some irregularities, and will probably encourage USCIS to be more responsible.
But the way out of our misery is still congressional intervention - increase in visa numbers, skill bill, or additional provisions for people with an approved immigrant petition.
The lawsuit will bring to light some irregularities, and will probably encourage USCIS to be more responsible.
But the way out of our misery is still congressional intervention - increase in visa numbers, skill bill, or additional provisions for people with an approved immigrant petition.
ramus
07-06 03:13 PM
New members and old non contributing members who were questioning why we need fund if we not going for law-suit, I wish now they will understand with the recent development that why we need money.. Because of IV we are having our voice heard. Just think where you could be and who will listen to you if there is no IV..
I hope new members will come forward and old members will come out of dark and will contribute..
Thanks.
I hope new members will come forward and old members will come out of dark and will contribute..
Thanks.
more...
retrohatao
02-16 10:11 AM
willgetgc2005,
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
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dhirajs98
06-11 02:16 PM
Sent an email out and forwarded it to 4 friends.
more...
ksiddaba
07-04 07:39 PM
Thanks for the information. It's helpful to understand the ombudsman role. However, it still remains a violation of the law to pull VISA numbers without name check being done, since it has not been approved by Congress, although as you point our, the ombudsman did report to Congress along those lines.
IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.
The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.
IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.
The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.
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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....
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....
more...
vandanaverdia
09-10 03:34 PM
You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!
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iptel
12-11 02:59 PM
When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.
more...
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nixstor
07-05 11:52 AM
People are voting, but do not want to voice their opinion on why this should be a paid site or not. Did I say anything wrong about paid subscriptions? Those who are voting "NO", Can you enlighten me why a wesbite that we hang on to every day for atleast one hour should be FREE? Why should so much of energy go waste all the time running funding drives? Why does a Murthy or Rajiv's 15 min consultation has to be 225USD and IV's community knowledge leveraged for not even peanuts?
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DesiGuy
09-11 11:12 AM
hadn't the "subcommittee" already approved the bill and then it was presented to the "full committee".
maybe once the subcommittee approves, the bill is ready to go to the house for voting?
getting confusing, guru's please clarify.
maybe once the subcommittee approves, the bill is ready to go to the house for voting?
getting confusing, guru's please clarify.
more...
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greenlight
08-23 12:27 AM
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
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msp1976
12-21 09:28 AM
Please take time to write to the New Jersey Senators this holiday season to encourage them to take up the immigration legislation
Lautenberg, Frank R.- (D - NJ) Class II
324 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3224
Web Form: http://lautenberg.senate.gov/contact/
Menendez, Robert- (D - NJ) Class I
502 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4744
Web Form: http://menendez.senate.gov/contact/contact.cfm
Lautenberg, Frank R.- (D - NJ) Class II
324 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3224
Web Form: http://lautenberg.senate.gov/contact/
Menendez, Robert- (D - NJ) Class I
502 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4744
Web Form: http://menendez.senate.gov/contact/contact.cfm
more...
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Macaca
04-04 04:08 PM
IEEE-USA has recently changed their site. Earlier their title was H1B visa. Now the title is Immigration Reform.
IEEE has a huge number of Indian, Chinese and Korean members. I would not be surprsied if > 50% members are immigrants.
I have not heard that Programmer's Guild/Lou Dobbs supports IEEE-USA or vice-versa. Please let me know if you have a reference.
IEEE has a huge number of Indian, Chinese and Korean members. I would not be surprsied if > 50% members are immigrants.
I have not heard that Programmer's Guild/Lou Dobbs supports IEEE-USA or vice-versa. Please let me know if you have a reference.
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deepakjain
06-08 06:33 PM
My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:
You might get your GC while you are at the retirement home....
You might get your GC while you are at the retirement home....
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jainnidhi26
03-11 09:59 AM
Is there any acco/carpool available near REAGAN INTERNATIONAL ??
gc_on_demand
11-14 10:31 AM
Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?
Dont take me wrong on this one... but If I am not wrong rajuram wants some one from her dis. to call her. Here is my experience in this week.
I called Zoe's Office recently but lady over phone told me to call my local lawmaker. She didnot give any detail on HR 5882. She told she is not aware of it right now. I went online to send email but I got this message when I put my zip code.
'Access to the requested form is denied, the zip code which you entered does not provide access to this form.'
We need some one from her district to call her office and find out.
We need support from california members on this one.
Dont take me wrong on this one... but If I am not wrong rajuram wants some one from her dis. to call her. Here is my experience in this week.
I called Zoe's Office recently but lady over phone told me to call my local lawmaker. She didnot give any detail on HR 5882. She told she is not aware of it right now. I went online to send email but I got this message when I put my zip code.
'Access to the requested form is denied, the zip code which you entered does not provide access to this form.'
We need some one from her district to call her office and find out.
We need support from california members on this one.
sanju
02-03 12:13 PM
I spoke to Congresswoman Zoe Logfren's staff few days, back and they specifically pointed out on the country quota issue. I'm sure lot of lawmakers are aware about this issue, I wan to give it a try, guys who think it is an unfair system, please PM me, this is my own initiative so no there is no arguement on whether IV supports this or not...
I did want to PM you, but thought of posting it on the open forum. So here is what I have to say.
You are a total jerk because you do not understand, and you do not want to understand that your actions could annoy people and harm the effort. There is a time for everything. Just because we are all feeling the fear of the shrinking economy, doesn't mean that we have to do something, which may even harm the entire effort. Waiting for the right moment is better than doing wrong things at the wrong time and failing.
.
I did want to PM you, but thought of posting it on the open forum. So here is what I have to say.
You are a total jerk because you do not understand, and you do not want to understand that your actions could annoy people and harm the effort. There is a time for everything. Just because we are all feeling the fear of the shrinking economy, doesn't mean that we have to do something, which may even harm the entire effort. Waiting for the right moment is better than doing wrong things at the wrong time and failing.
.
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