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  • mihird
    07-17 03:33 PM
    If this government doesn't wake up and solve this problem in a year or so, I don't think, this country deserves me, or for that matter any graduate degree holder.

    Better off utlizing the skills I have acquired here, and spending my next 5-10 years contributing to India's economy. Maybe start a company or something...create jobs out there, and then as and when the laws straighten and America becomes welcoming to EB talent, think of coming back (if ever....)




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  • delhiguy79
    07-18 07:22 PM
    i work for a big Indian MNC nd they r jerking me around....trust me...




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  • ram04
    12-23 10:33 PM
    Yes This is the notice which you should get after MTR opened.
    You are back on track and adjustment status.

    All the best for later 485 approval too.

    Hopefully with IV efforts USCIS will stop this drama in future.

    - Ram

    Hi Ram or Prince_charming,
    Just wanted to find out can you check the below msg that is what mine has been updated to , So does itmean that they just opned the case and ar
    e now reviewing and theywill update it to approved once they through or this is final msg. wanted to find out basing on the info you got.

    Thanks,
    Sri

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS , and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you.




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  • amitjoey
    05-28 03:34 PM
    Thank you truthinspector, ilamurugu for your contributions

    Total: $ 8900

    Thank you rayoflight for your encouragement.



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  • days_go_by
    07-20 04:23 PM
    Can someone confirm if you can maintain accounts in the US after you leave. That sounds very dumb. I want US to keep my money and they don't want it?

    I understand that after Patriot Act you can't open accounts in US without SSN but I think you should be able to keep your account because that SSN is assigned to you forever.
    ---
    I am not sure about effect of patriot act, but some of my friends who left in 2002 era still have accounts here. Another friend left for Banglore but his 401K is still here.




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  • mundada
    01-12 04:53 PM
    Here is the history of derivative acts under 14th amendment related to employement:

    14th Amendment of the United States Constitution: guarantees due process and equal protection under the laws.

    The Civil Rights Act of 1866, Section 1981: covers race-based discrimination by employers. Individuals may sue to assert their rights under this Act; which, unlike Title VII, has no limitation on back-pay liability.

    The Civil rights Act of 1871, Section 1983: provides persons who believe they have been deprived of rights, privileges or immunities secured by the Constitution and laws to redress and holds those responsible for the deprivation liable to the person injured.

    Equal Pay Act of 1963: forbids pay differentials based on sex. It covers all employees who come under the Fair Labor Standards Act, plus executive, administrative, professional employees and outside sales people. Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.

    Title VII of the 1964 Civil Rights Act: bans discrimination in employment because of race, color, religion, sex, or national origin. It covers all terms and conditions of employment; and, it holds employers responsible for any discrimination that goes on within the employer's organization. Title VII is administered by the EEOC and covers employers with 15 or more employees.
    Age Discrimination in Employment Act (ADEA): bans employment discrimination because of age against anyone 40 years of age and older, (also know as ADEA). Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.

    Executive Order 11246: requires Federal contractors to include a nondiscrimination clause in all contracts and subcontracts in excess of $110.000 and all construction projects financed, even in part, with Federal funds. Revised Order No. 4 requires a written affirmative action program from contractors with 50 or more employees and contracts of $50,000 or more. This order is enforced by the U.S. Department of Labor.

    Rehabilitation Act of 1973: Section 503 requires employers with government contracts and subcontracts of $2,500 or more to take affirmative action for qualified handicapped individuals. The regulations implementing the Act require "reasonable accommodation" to the physical and mental limitations of handicapped employees and applicants. Section 504 covers the employment practices of all recipients of Federal financial assistance, a broad spectrum of agencies and institutions from private employers operating under a Federal grant, to public schools, colleges and universities. Both Sections 503 and 504 are enforced by the OFCCP.

    Pregnancy Discrimination Act: amends Title VII and states that employment discrimination based on pregnancy, childbirth, and related medical conditions is prohibited under Title VII. According to EEOC, the amendment, which affects those employers under the jurisdiction of Title VII, requires that "persons affected by pregnancy, childbirth, and related medical conditions be treated the same as persons affected by other temporary disabilities."

    South Carolina Human Affairs Law: prohibits discrimination based on race, religion, color, age, sex, disability and national origin.

    Americans With Disabilities Act of 1990 (ADA): gives protections to qualified individuals with disabilities that are like those provided under Title VII. It also guarantees equal opportunity in employment, public accommodations, transportation, state/local government services and telecommunication. ADA is enforced by EEOC.

    1991 Civl Rights Act of 1991: allows employees to seek compensatory and punitive damages and for trial-by-jury. (this amends Title VII.)

    =====

    Now the way I interpret it, the requirement to not discriminate based on place of birth is protected by constitution under 14th amendment.

    The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the proposition that "all men are created equal" by empowering the judiciary to enforce that principle against the states.

    Furthermore, the precedent rulings related to The Civil Rights Act of 1964 indicate how strictly this is interpreted and enforced. For example, in 1974, the Supreme Court ruled that the San Francisco school district was violating non-English speaking students' rights under the 1964 act by placing them in regular classes rather than providing some sort of accommodation for them.

    I therefore believe there is a good chance at the Supreme Court ruling that because of long wait times of more than 3 years for a Green Card plus requirement of same or similar job during that long wait until the green card is received plus country quota affecting people born only in few countries leads to disadvantage for people of these few countries at work.

    And yes, even I took law course and gave a seminar during my MBA. But even you would concur that this course at best is basic and does not make a person authority of the US legal system.

    Finally, forget me or you, even a lawyer cannot say for sure what the final ruling will be in any case. And hence the best a person can do is give an educated opinion. In addition by human nature, the way I would interpret laws would be to my advantage while the way you would interpret them would be to your advantage. And hence I can understand your biases (and mine as well) because in case the country quota is found illegal by the US Supreme Court, it is the ROW that is going to be affected the most.



    Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.



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  • Abhinaym
    01-13 11:27 AM
    It's a valid point from ur prospective, but let me give u the example if the shoe was on the other foot..
    I'm sure this is a simplistic generalization, but urs is too
    * In 2001, 20 people graduate in retrogressed country and equally qualified 20 graduate in non retrogressed.. both aspire to land a US opportunity


    Thank you. You seem like a rational person who is balanced in arguments. I can give you real life examples too. Let me start with that. In 2005 I and my friend from a non-retrogressed country graduated with a masters, same degree same specialization.


    * In a few weeks, all the 20 in the retrogressed country find opportunities among dozens of giant offshoring firms that quickly send them on H1 or L1 projects, within months or may be a year they are settled in the US and at most in 2003 their greencard process is up and running


    Now THAT is over-generalization. You think all of us Indians and Chinese get jobs as soon as we graduate in giant offshoring cos? My friend you're stereotyping. It is wrong to assume that we get our jobs because of our nationality and not our skills.

    Anyway, continuing with my example. My friend and I both found jobs after a few months of struggle in small boutique consulting companies (run by Americans), mind you no offshoring. In fact my friend's sponsor is Indian, my sponsor is American!



    * The 20 equally qualified non-retrogressed however linger in their homeland for years and duke it out till the brightest 3 manage to find a rare opportunity that only comes every several years.. those 3 finally come to the US in 2005 and may be start their gc in 2006


    Very subjective. My own example, none of my fellow-graduates were in the plight.


    * Turns out (or actually it was known all along to people before they chose to came) that the US only gives 5 greencards per year and because they know qualified people exist in all countries and they don't want few countries to swallow the whole quota alone, they give 2/5 to non retrogressed and 3/5 to retrogressed.. only then do some people remember to cry not fair, well it wasn't fair to start with!

    I agree a universal 7% limit for any coutry regardless of its population and number of college graduates is stupid.. the percentages need to be adjusted. But to tell me that the 3 unretrogressed have to stand at the end of the line behind the equally qualified 20 retrogressed who came here faster (and chose to come here knowing their homeland is retrogressed) that is really fair.. yeah right!

    Yup. Standing your turn in line is fair. And that's what needs to change. EB visas are about skills and not nationality.

    You need to quit stereotyping and being unfair to us by saying we get jobs because of our nationalities. Brother, you don't get degrees or jobs because you're Indian or Chinese, but because you add value.




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  • Jaime
    09-04 01:03 PM
    People just don't want to soil their hands in cleaning their house but want others to do it for them.

    Lot of people consider it below dignity to do something about GC related stuff, many just want to live they way they are, no ambitions, no motivation to work towards a change.

    You are right! But many others do! And many that currently don't are just misinformed, and I believe that they can have a change of heart and attend the rally once they see it is the right thing to do!



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  • Legal
    05-31 10:55 AM
    I still don't understand what you are saying.

    Now, the bad part ... the achilles heel of every high-skills amendment is the tethered H1B quota tricks. They are exempting everyone who has US masters or a non-US master in STEM from H1 quota, effectively making H1 quota = A LOT MORE.

    Are you saying the future greencard applicants will have to compete with lot more new H1b s?? Wouldn't this bill help alleviate the retrogression problem and those with approved LC, I-140 etc??




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  • sam_i02
    07-16 07:27 PM
    Constangy, Brooks and Smith in North Carolina (I live in MD and we have never met each other)

    This is the law firm i am using and i have nothing but excellent things to say about them. I am convinced that they truly care about thier clients. They have worked weekends to file my AOD/EAD/TA on time + as soon as the recent "july bulletin filp-flop" occured, they filed my H1B/H4 extension immediately so i could be eligble for a 3 year extension (as opposed to one). My employer pays them, but they work directly with me.

    Attorney: Penni Bradshaw

    Paralegal: April Shepherd (she is the one who worked with me the entire time - even gave me her cell number so i could reach her outside office hours!)

    Telephone:
    336.721.1001

    Good luck.



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  • baleraosreedhar
    09-14 09:01 PM
    I think u have to pay 305 only




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  • wellwishergc
    07-19 12:21 PM
    I cannot help laughing. That is the coolest analogy that anybody can think of, for the GC retrogression:)

    I think this post should be sent in the humor section in one of the forthcoming IV newsletter, hoping that newsletter reaches congressmen/senators. Atleast they would sympathize with our plight.

    Good one, indeed!!!

    :D :D :D

    Yes, I used to say like this five years back when I had time and age in my hand. I assume you are in early or mid 20's. I will put it differently for you.

    Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.

    Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.

    Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".

    If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)

    NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.



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  • gc_mania_03
    10-09 08:04 PM
    One thing I noticed in this thread is the lack of differentiation between attorney's who were hired directly by applicants as opposed to ones hired by the company one work's for.

    I am sure there is wide gap in how law firms operate when interacting with either of the entities.

    I would be interested in getting some references from people who have hired their own attorneys and their experience with that.

    Even I am looking to hire an attorney to transfer my wife's case and then join the waiting game..

    -gc_mania_03




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  • baladev
    06-20 08:11 AM
    hello sanju and mandal
    What senthil has said in his earlier post were actual facts and he is thinking much wider than you guys. In a public forum like this, comments from a senior member like this are not appreciated.

    <Many of us who visit IV forums everyday know that snethil1 is an idiot>.... DO NOT CREATE AN IMPRESSION OR REPRESENT YOURSELF AS REPRESENTATIVE OF THE WHOLE CROWD.

    Good luck!
    (Note: I wont have time to argue further)


    Hello mmandal,

    Many of us who visit IV forums everyday know that snethil1 is an idiot. I would highly recommend more people to add him to your ignore list, just as I did. I read his post because you quoted him in your post. Otherwise his posts do not even show up on my screen. He and his posts are inconsequential if you add him to your ignore list.

    Hope this helps.

    Thanks,



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  • kate123
    02-14 10:14 AM
    Advantages of applying AOS when PD is not current
    1. No H1 extension needed (especially these days believe me its a nightmare)
    2. No visa Stamping needed (BIG BIG Night mare)
    3. spouse can work
    4. Dont have to worry about LCA blaw blaw blaw. especially after seeing the recent arrests
    5. during layoff do not have to start GC process (in this case AC21 can be used)
    6. WE CAN CHANGE TO EAD WHEN ANTI IMMIGRANTS CRY ABOUT H1 AND IN THIS ECONOMY DO NOT SURPRISE IF H1 IS COMPLETELY SCRAPPED.
    8. Can do two jobs at a time (in this economy its difficult, but this is possible if you are using EAD)
    9. You can work for TARP Companies (There are about 360 bail out banks... so you can work for any of these banks if using EAD)
    10. BIG ADVANTAGE... IF YOU ARE APPLYING EARLY IT IS VERY MUCH POSSIBLE FOR DHS/CIS TO DO ALL THE BACK GROUND CHECK/NAME CHECK WELL IN ADVANCE. AS AND WHEN A VISA # IS AVAILABLE, IT CAN EASILY BE ASSIGNED TO THE APPLICANT. THIS WAY CIS CAN BE EFFECIENT AND WILL NOT WASTE VISA's
    11. More can be added to the list


    Again I do support others who say that AC21 job titles clause should be relaxed... All I am saying is one step at a time and more over there is a compaign already in progress.
    ALSO numbers really matter. There are lots and lots of my friends who are using AC21 with out any problem.

    Seniors Please advice
    Thanks a lot,
    Kiran :)

    I'm hoping this does come through. This is a great step and I'm surprised that the Secretary brought this up on her own. However, hydboy's point is true. This will be most useful if AC21 is honored by USCIS. Kiran's point about convenience for visa stamping doesn't move me. The biggest advantage of applying for AOS is being able to move jobs after 6months using AC21. Anyway, I guess it all depends on the numbers. How many people have had issues with AC21 versus how many have had no issues with AC21. Also in almost everything in life, the ones with negative experience will be more vocal than the the ones who've had a positive experience.




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  • eastindia
    01-12 10:07 AM
    Please refer to this link
    U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.dol.gov/dol/topic/discrimination/immdisc.htm)




    Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation (aka I-485 approval).


    If you don't agree with this, I would suggest spending $200 with an attorney to get initial consultation and get the answer to enlighten yourself.




    ___________________
    Not a legal advice.


    I agree with you.

    Country limits is a law. A court has to follow the law. Court does not decide if the law is fair or unfair.

    If you want to change the law, go to congress.

    BUT SOME PEOPLE HAVE TOO MUCH MONEY TO THROW AWAY TO LAWYERS.

    And whats with big lawyer names? Just because a lawyer has a website and writes on a website, does not mean he is a big lawyer. Look beyond the marketing of lawyers and see their skills, track record and genuine concern for your long wait. You are asking the same lawyers to help you whose bread and butter comes because you are applicants in a long line.

    Highly educated innocents!



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  • rkumar18
    07-05 11:50 AM
    I called Kennedy and Cornyn. Asked them if they are aware of the issue. They are not. Did you call? Kennedy 202 224 4543, Cornyn 202 224 2934. I also aksed if Kennedy is going to send letters to two agencies as Rep Lofgren did as he is the senate immigration sub committe chair

    This is what makes sense for now...calling senators/congressmen.

    Everyone, please try calling these numbers instead of USCIS customer service.




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  • delax
    07-15 04:26 PM
    My numbers are not 100% accurate , but it gives fair sense of the current situation.

    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info

    Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?




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  • skdsm
    07-08 04:07 PM
    They are worse.. they do not respond quickly, never let you talk to attorneys directly.. have to go through the secretaries and to top all this they mess up the applications.. in short they suck!




    apb
    12-10 01:52 PM
    Logiclife,
    IV is a voluntary organisation. You can request people to volunteer, but cannot force them or scold them for not volunteering. This is not professional. They might have their reasons and the right to work their way. I agree with your frustration when people who signed to turn up do not show up. But I feel this is not the way to express it.

    Ram
    It is not acceptable
    For people to say they are coming and do not show up. I understand exceptions can happen, But least they could call-up and let the organizer know. I remember the same in recent Diwali Mela. Some who were supposed to come are still on the way.
    This event was not to display the strength by show of hands. These members were expected to be delegated with some action items and follow up items. Either you volunteer or you don't. But volunteering and not showing up indeed speaks volume of the lousy character. Maybe this unprofessional behavior is commented upon strongly, but is it worth anything to sugar coat this behavior. Why can't we call a spade a spade? Just because it hurts? If we start accepting this attitude it only reflects a weakness on our side.

    I see no reason why these peoples handle should not be made aware to other members at least at the state chapter level. Now they would know who they could count on. If I am a part of this team I should know who are in my team, who are accountable and who are not.




    jayleno
    04-29 03:06 PM
    Hi Guys...

    Here is 100 more from me through Paypal. I was excited to learn that there is another bill in the works that supports converting the 55,000 visas to advanced degree holders. That will free up a lot of visas in the EB-2 category and also some in the EB-3 category.



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