sreeanne
11-21 10:11 AM
I was stunned by seeing this thread. my heartfull blessings for you and your family to handle this situation.
I am not sure how things works. But couple of months back i read somethings in the below line.
There is an organization working for people like you in immigration process. This org started post 9/11. As there were lots of people died then and their spouses dont want to back to their countries and want to live here etc etc. There is a way in IMMIGRATION where IF spouse want to stay where their partners dies due to their memories , they can grant some kind of visa or status. I read this long back. may be you can try that way and as always good lawyer help is needed to go through.
Once again, god bless you and your family
I am not sure how things works. But couple of months back i read somethings in the below line.
There is an organization working for people like you in immigration process. This org started post 9/11. As there were lots of people died then and their spouses dont want to back to their countries and want to live here etc etc. There is a way in IMMIGRATION where IF spouse want to stay where their partners dies due to their memories , they can grant some kind of visa or status. I read this long back. may be you can try that way and as always good lawyer help is needed to go through.
Once again, god bless you and your family
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boreal
12-10 12:52 PM
Guys,
There are many more trailer-park, red-neck, f*** heads like proud american out there. We really really have to very discreet both at work and other places when we talk about various strategies, like webfax campaign, phone campaign etc.
I was going through the discussion forums of the oppt side too this week and one of the s***heads aparently overheard one of IV members asking ppl to start making phone calls to various senators/congressmen. Then he went throwing on on a barrage of insults at all Indians (i dont know why they want to single out Indians only) calling us pests and all sorts of name-calling. Then he went on to say that the good news is that these 'pests' are planning to go back to their home-lands if they dont get the 'green' soon. So he was asking everyone else to call the senators and oppose the bill. And then the ultimate thing - he says that they "have a lot of legitimate ways to make our lives miserable" in the US...Do i hear KKK there??
This is what happens when we are not discreet at work place. They claim that we are using our work hours to do personal stuff. And he felt obliged to do the same too. Obviously nobody cribs when all of us hard-workers work overtime to get things done.
Anyway, please be careful at work places, be friendly with everyone but have this in your mind that there is someone always overhearing in the next cube/office and possibly monitoring the web sites being visited (like the above guy that i mentioned, did i forget to say that he was the IT admin who was monitoring all the sites that the Indians were visiting?).
There are many more trailer-park, red-neck, f*** heads like proud american out there. We really really have to very discreet both at work and other places when we talk about various strategies, like webfax campaign, phone campaign etc.
I was going through the discussion forums of the oppt side too this week and one of the s***heads aparently overheard one of IV members asking ppl to start making phone calls to various senators/congressmen. Then he went throwing on on a barrage of insults at all Indians (i dont know why they want to single out Indians only) calling us pests and all sorts of name-calling. Then he went on to say that the good news is that these 'pests' are planning to go back to their home-lands if they dont get the 'green' soon. So he was asking everyone else to call the senators and oppose the bill. And then the ultimate thing - he says that they "have a lot of legitimate ways to make our lives miserable" in the US...Do i hear KKK there??
This is what happens when we are not discreet at work place. They claim that we are using our work hours to do personal stuff. And he felt obliged to do the same too. Obviously nobody cribs when all of us hard-workers work overtime to get things done.
Anyway, please be careful at work places, be friendly with everyone but have this in your mind that there is someone always overhearing in the next cube/office and possibly monitoring the web sites being visited (like the above guy that i mentioned, did i forget to say that he was the IT admin who was monitoring all the sites that the Indians were visiting?).
pitha
07-08 11:08 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
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desi3933
07-09 11:02 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
more...
apb
08-13 05:21 PM
It is a hard fact but I guess I do not want to scare anyone. If you notice some people have got their JuLY 2ND filed cases receipt # and most of them have a Notice date of 08/04/2007 (the guys who got their receipt #). This notice date is the day the Receipt was generated. So today is 08/13/2007. It seems that USCIS is delaying this process of issuing receipts as that will give them a chance to reject applications after 17th. So I guess we should brace ourselves for rejection notices also......
Raybarrone - The way one think is our choice. If there is any big master plan to delay our RN so be it. Either we can take it as it is or we can act. These kinds of pessimistic thinking helps no body.
Please help yourself by reading some PMA books.
Here is a starter
AS a man thinketh
Have some good self talk. We have to Learn to respect ourself by NOT taking any crap handed out to us. Learn to FIGHT and uplift yourself and others. A man without any reason to FIGHT has lost all battles in life. He has no hope and he cannot create any change.
And if what I say does not make any sense, please feel free to 'BRACE FOR REJECTION NOTICES...' if that helps.
Raybarrone - The way one think is our choice. If there is any big master plan to delay our RN so be it. Either we can take it as it is or we can act. These kinds of pessimistic thinking helps no body.
Please help yourself by reading some PMA books.
Here is a starter
AS a man thinketh
Have some good self talk. We have to Learn to respect ourself by NOT taking any crap handed out to us. Learn to FIGHT and uplift yourself and others. A man without any reason to FIGHT has lost all battles in life. He has no hope and he cannot create any change.
And if what I say does not make any sense, please feel free to 'BRACE FOR REJECTION NOTICES...' if that helps.
GCStatus
09-14 04:05 AM
Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Just the fact that, they keep going back from Current to Unavailable to 2006 to 2003 to etc, we have right to sue. Reasons below.
Financial loss.
Loss of business opportunity
Mental stress
Lack of moblility
List can go on.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Just the fact that, they keep going back from Current to Unavailable to 2006 to 2003 to etc, we have right to sue. Reasons below.
Financial loss.
Loss of business opportunity
Mental stress
Lack of moblility
List can go on.
more...
pappu
03-22 10:23 AM
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
are you interested in talking to a reporter?
let us know asap. we have a reporter looking to do a story on H4 people and how it affects families. If you/anyone else is interested, post your story in 'tell us your story thread' and update your profile with name email and phone number so that we can contact you.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
are you interested in talking to a reporter?
let us know asap. we have a reporter looking to do a story on H4 people and how it affects families. If you/anyone else is interested, post your story in 'tell us your story thread' and update your profile with name email and phone number so that we can contact you.
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stucklabor
06-26 10:25 AM
All,
Let us focus on CIR and its aftermath. I understand everyone is frustrated because of the standstill on legal high skilled immigration reform. However, that does not excuse speculation on America's demographics 10 years from now, and gross pejorative generalizations about ethnic groups and nationalities. As Mpkmaster pointed out, no culture is free from deficiencies. I have never been to Mexico but I am sure corruption there can't be worse than corruption in India.
Mpkmaster, there is a specific method to report offensive posts. Please follow it the next time round, as there is no guarantee that grossly offensive posts will be read by the moderators. Thanks for speaking up.
And in response to Jaime, please do not let a few bad posts detract from the rest of the forums. There is a reason that people are frustrated. There is no progress on CIR and our cause is really a political football. We are not powerful enough or large enough in numbers yet for politicians to sit up and take notice of us.
Let us focus on CIR and its aftermath. I understand everyone is frustrated because of the standstill on legal high skilled immigration reform. However, that does not excuse speculation on America's demographics 10 years from now, and gross pejorative generalizations about ethnic groups and nationalities. As Mpkmaster pointed out, no culture is free from deficiencies. I have never been to Mexico but I am sure corruption there can't be worse than corruption in India.
Mpkmaster, there is a specific method to report offensive posts. Please follow it the next time round, as there is no guarantee that grossly offensive posts will be read by the moderators. Thanks for speaking up.
And in response to Jaime, please do not let a few bad posts detract from the rest of the forums. There is a reason that people are frustrated. There is no progress on CIR and our cause is really a political football. We are not powerful enough or large enough in numbers yet for politicians to sit up and take notice of us.
more...
drak70
11-21 11:26 AM
Dear Mehul
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
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krishna_brc
01-29 05:32 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
more...
jitian
11-18 12:22 PM
just done. North Carolina (two senators and Sur Myrick)
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thomachan72
11-17 03:54 PM
Sent. Thanks!!
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SunnySurya
08-18 01:51 PM
Now again any volunteers for the letter we have been talking about?
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raidohri
05-23 04:30 PM
Can some one post all the email addresses in one place or at least tell me how to do . i am ready to do that
Nand
Nand
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BharatPremi
11-01 05:37 PM
pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
So I would not play with fire.. Rather I would wait for I-140 approval if 180 days have already been passed.
Note: With big companies, This may not happen. But with small desi companies this can happen.
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
So I would not play with fire.. Rather I would wait for I-140 approval if 180 days have already been passed.
Note: With big companies, This may not happen. But with small desi companies this can happen.
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some_guy
09-20 02:39 PM
Which number to call?? Do they ask all the details of lawyer as well??
Thanks
applied july 12 NSC, called IO today and got receipt no LIN-07259XXXXX eneterd into system on sept 13th. Checks not cashed yet!!!
Thanks
applied july 12 NSC, called IO today and got receipt no LIN-07259XXXXX eneterd into system on sept 13th. Checks not cashed yet!!!
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gc_lover
07-02 08:52 AM
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!
Robin Williams? Are you sure it didn't go to Hollywood!
Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!
Robin Williams? Are you sure it didn't go to Hollywood!
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arunmohan
09-09 08:02 PM
Totally agree with you dude, is IV doing anything about this issue?
Dont bark at not donating, will donate if this issue is given serious consideration as well.
IV:
What are plans and strategy for EB3?
Dont bark at not donating, will donate if this issue is given serious consideration as well.
IV:
What are plans and strategy for EB3?
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aroranuj
02-26 08:50 PM
Just made a contribution of $51 to OUR cause. Unique Transaction ID #7EJ0507917662511X
Guys, can we please keep this thread for DONATIONS ONLY...
Thanks.
Guys, can we please keep this thread for DONATIONS ONLY...
Thanks.
raju123
05-24 07:42 AM
Yesterday night, I sent email to all 100 senator again.
Today, I will start calling them again
Today, I will start calling them again
nashorn
08-12 03:50 AM
On the same boat. I140 approved at TSC, 485 filed at NSC on 7/2, nothing yet. Can we get a poll here? Thread is so long already.
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