Sunday, June 12, 2011

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  • abhijitp
    02-13 03:39 PM
    Thanks Needhelp!

    So I have trickled into 152 tonight. I thought I'd try my hand at campaigning at some local places and managed 3! It seemed a lot harder than I imagined, I think I need to work on my introduction and smile ;) All three folks looked scared and suspicious of me but atleast they signed! Not giving up hope though! I have some others in the works via some good friends and I am going to try and tap more immigration law firms in SF. I am still pledging 200 and hope for more!! Any tips on campaigning to strangers, and I will be set! Thanks guys.

    Have a good eve all.

    Hi there,
    My experience is people listen and sign only if they have time. They may not stop & listen at a train station, but they do outside grocery stores etc.
    Good luck... and thanks!




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  • mundada
    01-13 09:09 AM
    I disagree with you. I will try again but you can continue to disagree with me.

    Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
    Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.

    Both guys are brilliant and have same talent.
    ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.

    ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.

    Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.

    It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.

    I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.

    I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because

    CAUSE:
    1. He/She is required to have same or similar job; AND
    2. He/She is qualified for the promotion; AND
    3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
    4. People from only few countries are retrogressed; AND
    5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason

    EFFECT: (though unintended)
    He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.




    You are missing the key point here.

    Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.

    In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).


    ________________
    Not a legal advice.




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  • chanduv23
    06-26 10:34 AM
    I sent my EAD paper file on 29th May to TSC. I received my EAD's today for 1 year. Cutoff date for 2 year is 30th june.

    Wow - Mine also went on the same day. No sign of EAD yet. I wish they handle it next week so that I get 2 years :)

    I sent my AP on same date too and I have soft LUD today. Not sure what it means




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  • senthil1
    06-10 11:03 AM
    I did not know your case particularly but many people like you I know got their I140 cleared and filing I485 now after PD is moved. Still skill bill also does not have anything for persons like you that is you have to wait for your labor cleared. Any bill gives solutions for the persons like you or any lobbying going on? As for as I know no lobbying for these cases like these. Only thing we can do is request BEC to process fast by allocating more funds

    First of all, it is not "my" case. I have been waiting in line for my green card for the past 5 years with my labor stuck in BEC. So, under the current CIR draft, I will be one of the biggest losers as I have not filed for my I-140 and so, my whole application will go down the drain after 5 years of time, money, energy and emotional stress.

    How do you come with a math where I will be able to get a GC immediately after 5 years if I apply under the points system? Did you even read the draft bill? How will I or anybody else for that matter, manage for next 5 years without a GC when they are squeezing out the H1B (fee increase, removal of dual intent etc)?? Next would be the per country hard quota that will put us in an eternally long line.

    I would definitely compare the current mess of a EB based system with the untested point system and take the current system any time as it is a known devil. The merit system is no angel either. Atleast in the current system, if I wait long enough, I know that my turn will come.

    How do you know that process delay would be minimal? USCIS's current delay is not because of process, it is because of the sheer volume of applications and lack of man power. The PERM system takes one month. If you pay premium processing, it takes them 15 days to clear your I-140. So, where is the delay in process? All the delay is from the past backlogs which this bill fails to address and at the I-485 stage where they have to do background checks. That will exist in the points system as well. After you discover the problems in the point system, what will you do then? Ask for another CIR bill??

    You don't have to tell what "my" case is. I live my case...



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  • storm
    07-03 07:06 PM
    here goes another one........




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  • delhiguy79
    07-21 08:47 AM
    I filed I-140 on July 5, and was hoping to get the receipt by this week because as per the press release ( dated 7/13), NSC was supposed to be time complaint with regards to I-140 receipt date by 7/18/2007. But they again changed to 8/1/2007. You never know they will NOT change it again!


    hey its more than 15 days for u now...did u try toi call USCIS and ask them the receipt number ???



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  • NolaIndian32
    04-27 12:17 PM
    We are now up to $3236!!!

    Go IV!!




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  • raju123
    02-13 11:59 AM
    It looks very funny after reading anands23's post. IV leaders are volunteers. They are not highly paid CEO and directors of IV Inc. !!
    Come on Mr. anand come and join IV leadership and change the immigration law. For God sack, don't post this kind of immature posts.

    I think this guy is from numbers usa for sure. After writing all the BS, he asks it to take it in constructive way. There are lots of other way to express your concern if it had to taken in constructive way. This is definitely not the way.

    Based on your comments I could see that you are a regular visitor (FREE RIDER ATTITUDE) to IV site for more than a year. We had several threads crying out for funds in very critical time senstive times. At those times you are a mere spectator and now just for posting this bashing post you reluctantly became a anonymous member. All these shows your LEADERSHIP skills and quality of leading the battle from FRONT. If I were in USCIS I would do a background check on these high qualities and ground breaking positive attitudes even before giving H1.



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  • needhelp!
    02-18 02:04 PM
    Two more weeks guys. You still have a chance to do something good.

    Now y'all got some competition going on, LA will probably never catch CA, but TX better watch out! :)




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  • Ahimsa
    11-08 01:32 PM
    ... I personally find, Ombudsman's posts quiet interesting and good food for thought. They are put forward in a very professional manner unlike some people who use insults and sarcasm...

    May be you do not know the meaning of three red dots for TheOmbudsman (it used to be two red dots this morning), which is "so many IV members do not like his postings" i.e, TheOmbudsman is "anti-IV"

    FYI, if he does not like a posting with the word "CIR", why can't he ignore the post instead of replying to it with an assumption "people who mention CIR supports amnesty".

    IV members support CIR just because it has EB reliefs (manager's amendment) - is it not simple enough to understand?
    As someone pointed out from TheOmbudsman's posting, what "Rumsfeld resigning" has to do with immigration? What food you get from here?



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  • l1toh183
    06-15 08:40 PM
    Hello,
    I am currently working on L1 B in a comany X, I applied for H1B in 2007 through a company Y and my petition got approved, in Nov 2007 they applied for change of status regular processing, in Apr 2008 got a RFE , consultancy responded back to USCIS shortly after it, still waiting on for change of status ............
    is there anyone out there in a similar situation, please share your experiences

    Thanks in advance for your response




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  • psk79
    06-26 01:31 PM
    Hi Mirage;

    What is the new expdate on your new card (if you already have it in your hand)? dose the 1 year ext is from the last date of your current/old card? or 1 year from the date the new card was approved.

    My AP was from last expiry date.. Not from the day it was approved. Its the same case with EAD also...



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  • dummgelauft
    08-05 03:53 PM
    Not Canada - Home (http://notcanada.net/)

    Please, people visit hits website before you make any decisions.
    I have suffered, and I would like to help others avoid this suffering, if possible.




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  • chanduv23
    09-25 12:59 PM
    Continued from previous post

    EOIR-44 �Immigration Practitioner Complaint Form� � Individuals who seek to file a disciplinary complaint against an immigration practitioner who practices before EOIR and/or DHS may file a Form EOIR-44. The form assists the investigating counsel in EOIR or DHS in determining on a preliminarily basis what action, if any, should be taken based upon the allegations raised in the complaint, including whether to conduct a preliminary inquiry, request additional information from the complainant, and/or refer the complaint to a State bar disciplinary authority.

    In addition, the form provides complete filing instructions (on the back) and information on confidentiality, disciplinary complaint procedures, and formal disciplinary proceedings.

    It is important to note that a Form EOIR-44 is not required in order to file a complaint. Individuals may write and submit their own complaint statement or letter according to the instructions in the �Questions and Answers� section below.

    EOIR-45, �Immigration Practitioner Appeal Form from an Adverse Decision of an Adjudicating Official in Practitioner Discipline Case� � Immigration practitioners must use Form EOIR-45 to appeal to the BIA an adverse decision of an Adjudicating Official regarding a disciplinary proceeding. The form provides filing instructions and information regarding:

    Right to representation by an attorney or representative (at no expense to the Government),
    Submission of briefs and service on the opposing party (including addresses of service),
    The BIA�s summary dismissal grounds,
    Oral arguments and how they may be requested, and
    Required notification of change-of-address.
    All four forms are available at all Immigration Court locations, the BIA, and DHS offices, at no cost. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.

    Any person may file duplicates of the forms, provided that any such duplication must conform exactly to font size and type of the Government-issue original and be printed on standard 8� x 11-inch bond paper.

    * * * * *

    QUESTIONS AND ANSWERS

    For Complainants:

    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.

    Q. Where do I send a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before EOIR (the Immigration Courts or the BIA), send your Form EOIR-44 or your own complaint statement or letter to:

    Executive Office for Immigration Review
    Office of the General Counsel
    ATTN: Bar Counsel
    5107 Leesburg Pike, Suite 2600
    Falls Church, VA 22041

    If the complaint concerns the conduct of an attorney or representative in a matter before DHS, send your Form EOIR-44 or your own complaint statement or letter to:

    U.S. Citizenship and Immigration Services
    70 Kimball Avenue, Room #103
    Burlington, VT 05403
    Q.Where can I get the EOIR-44 complaint form?
    A. You may obtain an EOIR-44 complaint form from any Immigration Court, the BIA, and DHS offices. In addition, the form may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.

    Q. After I file a complaint, what will happen next?
    A. Your complaint will be reviewed by the investigating office to determine whether it warrants further investigation, and, if so, an investigation will be conducted. If, after completing the investigation, the investigating office determines that a violation of the Rules of Professional Conduct for Practitioners has occurred, a Notice of Intent to Discipline will be issued and then sent to the attorney or representative, including a recommendation that discipline be imposed.

    Q. Will I have to testify against my attorney or representative?
    A. You may be called to testify if a hearing is held. Your testimony may be important in determining whether your attorney or representative violated the Rules of Professional Conduct for Practitioners.

    Q. Can you get my money back for me and find another attorney to represent me?
    A. EOIR cannot:


    Require your attorney to give you your money back,
    Force your attorney to act for you or tell your attorney how to proceed with your case,
    Give you legal advice about your case or otherwise represent you, or
    Recommend a particular attorney or law firm who might help you.
    EOIR can give you a list of free legal service providers located in your area. The �Free Legal Service Providers� list is posted by State on the EOIR Internet Web site at http://www.usdoj.gov/eoir/probono/states.htm.

    For Practitioners:

    Q. What if one of my clients files a frivolous complaint against me?
    A. Every complaint will be investigated thoroughly. If the investigation concludes that no violation of the Rules of Professional Conduct for Practitioners has occurred, the matter will be closed. Except under limited circumstances, complaints are kept confidential.
    Q. Am I entitled to be represented by counsel in a disciplinary proceeding?
    A. You are entitled to be represented by counsel at no expense to the Government, or, if you so choose, you may represent yourself.

    Q. Where do I get the notice of appearance forms (EOIR-27 and EOIR-28), the complaint form (EOIR-44), and the appeal form (EOIR-45) for a practitioner discipline case?
    A.These forms can be obtained from any Immigration Court, the BIA, and DHS offices. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.



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  • irock
    07-14 01:08 PM
    I'm also EB2, BEC, PD Aug-2004. Still waiting from my GC.
    Are we assuming that all the BEC (Backlog Elimination Center) EB2's have already gotten their GCs..?




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  • Jaime
    09-13 01:52 PM
    Hello guys! Well said on this thread, you have all day today and tomorrow to make up your mind and attend. Make your choice a resounding YES! If you live in DC or nearby states you shouldn't even be thinking about it, the decision is: YES!!!! (just come! trust us, you will see this was the best choice, and you will thank yourself you attended!!!!)

    YOU HAVE TO DO SOMETHING LIKE THIS AT LEAST ONCE N YOUR LIFE! YOU WILL BE ABLE TO SAY "I WAS THERE"! WHY NOT ALSO MAKE HISTORY!!!! TOGETHER WE CAN!!!!! JUST COME!!!!!



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  • Jaime
    09-21 11:14 PM
    I am not indian, I am chinese, and I attended the rally in DC. I am so touched by you brave indian people. while I feel such a shame that we only had much less chinese there. part of the reason is that IV is originally indian club. we got the message but kind of lack the close organization.

    anyway, I am also thinking about another rally.

    1, it has to be on weekends, so everyone can come

    2. it should be in multiple cities, from coast to coast, all major cities.
    DC. NYC, chicago, LA, SF, houston, boston. reserach triangle, seattle etc, where professional immigrants lives most.

    3. we need to make sure everyone will come, need good personal organization, not just voluntarily, we need personal contact, conversation, meetings ahead, level by level, to build a good "relationship" with each other.
    yes, this is the hard part.

    4. we really need to study the illegal immigrant rally last time, how successful they were !!!!

    5. honestly, we didn't get much media coverage. shame ! nothing on TV, newspaper frontpage. but--- if we have a huge rally, everyone will have to cover us, pay attention to us. it all depends on us.


    Love you guys

    we should hurry up

    Dear Elle, 谢谢! for coming and 我们来自许多国家不仅印度! :) For example, I am from Europe/Mexico (long story lol) We need to bring in more of our Chinese friends! What do you suggest? What Chinese organizations can we contact to join with us ad how to we best reach out to our existing Chinese IV members?




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  • Gravitation
    03-20 05:08 PM
    This is like telling passengers to move to the other side of the boat when it starts sinking one side. The outcome is only making the boat sink faster. Remember, the huge backlogs are not completely due to unavailable visa numbers.

    Unless there is a real need, moving from EB3 to EB2 dont make much sense.

    If your case is EB2 worthy. It makes a lot of sense. I have many friends who did that and they have their GCs now. While I'm rotting in this mess... my fault: I didn't convert to EB2 which I could have.




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  • cableching
    06-30 04:57 PM
    Even if they approve the GC, they can always revoke and ask you to return the card. This has happened somebody, I don't remmeber which forun I read about it. Call them up and inform them that your PD is not current. You can even go to local ASC and talk to an IO. If you have an attorney, inform him/her.




    japs19
    07-20 02:08 PM
    You didn't specify if it has been 6 months since you had 140 approved through company A. Assuming it has been over 6 months (so company A won't revoke your 140), you can file for 485 and use the LC+140 of company A. You do not need an H-1 with company A as employment based GC is for future job not present job. The only risk involved is, if you apply for 485 which you are employed by company B, and if you get approval within 180 days (which I highly doubt) then you HAVE to go and work for company A for 90 days. If nothing happens for 180 days, you are safe.

    Hope this answers your question. Anyone, correct me if I am wrong.




    SmSm
    12-01 11:00 AM
    The more I think about free MATH tutoring the more it makes sense. It conveys what we are really good at, "MATH", "Sciences", which unfortunately a lot of people lack here in this country. Gets the SKIL bill agenda in focus.
    May be can get to the "No Child Left Behind" eyes and ears.



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