english_august
07-12 10:00 PM
This is the press release prepared with help from the Core. Please send it out to your friends, journalists and other contacts.
http://www.touchdownusa.org/SanJose/SanJoseRallyPR.pdf
Best of Luck for the rally.
http://www.touchdownusa.org/SanJose/SanJoseRallyPR.pdf
Best of Luck for the rally.
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spdy_mn
06-14 01:36 PM
Long as you are married before your 485 is approved you should be ok. What is your PD and category?
One hint they give you is when they send the fingerprinting (FP) notice. You can't be approved without that. And after FP it takes any where from 3 - 6 months.
My PD is OCT 2006 and category EB2
Thanks
One hint they give you is when they send the fingerprinting (FP) notice. You can't be approved without that. And after FP it takes any where from 3 - 6 months.
My PD is OCT 2006 and category EB2
Thanks
jahnavi
04-18 01:22 PM
I Have done my part of contribution .
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Vexir
06-19 10:36 PM
Bah. Skinned the stupid click wheel. What is it with you guys and the click wheel.. IT DOESNT WANT TO BE PAINTED
more...
BharatPremi
12-13 03:58 PM
"Recurring Contribution" with no strings attached for non-contributors. :)
No. that's not the point. See, you can't force people. If X is "recurring contributor" now, he has done that willingly and that is the best essence for us.
As long as people support the cause and organization "Willingly" we will have infinite horizons to grow. The moment you bring "Burocracy" in, ultimately momentum will die.. may be slowly or quickly. Historically, IV threads are the major attentive media to declare the existence. We should not kill that with any enforcement of "Paid membership"...It is always hard to wake people. If that would be easy than nobody would have used the word "Struggle"..right:). On other hand yes there is a dier need of increasing financial strength exponentially and that too quickly is at high priority. We need to think and find other ways and resources.
No. that's not the point. See, you can't force people. If X is "recurring contributor" now, he has done that willingly and that is the best essence for us.
As long as people support the cause and organization "Willingly" we will have infinite horizons to grow. The moment you bring "Burocracy" in, ultimately momentum will die.. may be slowly or quickly. Historically, IV threads are the major attentive media to declare the existence. We should not kill that with any enforcement of "Paid membership"...It is always hard to wake people. If that would be easy than nobody would have used the word "Struggle"..right:). On other hand yes there is a dier need of increasing financial strength exponentially and that too quickly is at high priority. We need to think and find other ways and resources.
unitednations
03-31 12:06 PM
UnitedNations,
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
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Chiwere
08-11 02:41 PM
Done
EB3I Jul 2003
EB3I Jul 2003
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krishmunn
04-02 09:18 PM
Unfotunately what you are saying sounds cool except that its not true.
Job offer has to be valid on the day petition filed or the specific date mentioned.
If the job offer no longer exist, employer need to withdraw the H1. Until and unless employer does so, he is on hook to pay the employee.
The only argument against employee here is , employee did not report to work. If employee can prove (through email copies etc) that he actually tried to report but employer barred him, employer must pay the wage till the date H1 was sent for withdrawal.
Filing an H1 means that a job offer exist as of the day requested in the petition . For example, if the petition has a start date of Oct 1, 2010, and the petition is not withdrawn, employer is stating that he has a valid job opening starting October 1. No additional job offer/invite is required. The only time such invite *May Be* required (at PoE) is if the employee is travelling much later than the start date specified in the Petition.
Job offer has to be valid on the day petition filed or the specific date mentioned.
If the job offer no longer exist, employer need to withdraw the H1. Until and unless employer does so, he is on hook to pay the employee.
The only argument against employee here is , employee did not report to work. If employee can prove (through email copies etc) that he actually tried to report but employer barred him, employer must pay the wage till the date H1 was sent for withdrawal.
Filing an H1 means that a job offer exist as of the day requested in the petition . For example, if the petition has a start date of Oct 1, 2010, and the petition is not withdrawn, employer is stating that he has a valid job opening starting October 1. No additional job offer/invite is required. The only time such invite *May Be* required (at PoE) is if the employee is travelling much later than the start date specified in the Petition.
more...
raj2007
06-11 08:28 PM
Hi Gurus,
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
What's your insurance coverage? It seems you had rental car. Have you taken the rental coverage at that time?
Send me PM and I can ask my friend, who was invloved in big accident like you. Insurance company will fight for the last penny and after that you have to pay, if it is not covered.
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
What's your insurance coverage? It seems you had rental car. Have you taken the rental coverage at that time?
Send me PM and I can ask my friend, who was invloved in big accident like you. Insurance company will fight for the last penny and after that you have to pay, if it is not covered.
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annsheila79
04-21 12:52 PM
hey are you Sheila Ann or Sheila Kijawani ? :D
Sent you a PM. please check :p.
Sent you a PM. please check :p.
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morphthecat
04-19 07:00 AM
I had sent $100 a week or two back.
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msp1976
02-13 03:22 PM
Logiclife...
Thank you for the update....
Thank you for the update....
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Raju
07-19 04:29 PM
Guys I know a lot of us contributed, please urge your friends, tell that what IV has achieved and the efforts/time/money spent by IV core. I am sure you will be able to convince atleast one of your friends.
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anandrajesh
02-01 12:26 PM
Please donot let this thread a self-flogging ritual...
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
Remember for Every Google, there is a ENRON. So based on ENRON experience you dont generalize all American Corps are dishonest.
Same logic applies here i work for a Small "Desi" Company and they are very honest and pay me reasonably well. They dont break laws or find ways to circumvent it. So i dont like to hear all H1Bs Companies are Cheats.
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
Remember for Every Google, there is a ENRON. So based on ENRON experience you dont generalize all American Corps are dishonest.
Same logic applies here i work for a Small "Desi" Company and they are very honest and pay me reasonably well. They dont break laws or find ways to circumvent it. So i dont like to hear all H1Bs Companies are Cheats.
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hebbar77
10-09 11:01 PM
If you are not in india, then you are somewhere to earn more than you do than in india. So investment is safe if you can afford to invest in that property without a loan. If you are taking a loan you are getting ripped off. STOP there.
to me agricultural land is next to investment in gold. agri land always holds value(sale value) or appreciates over time. Always you can get decent return by farming something there. So my belief is you always get 6%+ return on investment over short/long period of time.
city properties are just a ripp off. So get only one property if you want to live for yourself.. Investment of say 50 lacs on a flat(condo), may give you a good rent. But for how long? and what % of interest you pay on that loan? And what will the aging affect be on that flat!!...
that way land | house is better choice!
To me below are investment items first the highest safety + return(decreasing order or preference)
1. gold(other precious metals)
2. treasary bonds../govt assured accounts
2. agri land(either in india or US, in is labor is higher)
3. city independent houses
4. select mutual funds
5. stock market
6. Condos
to me agricultural land is next to investment in gold. agri land always holds value(sale value) or appreciates over time. Always you can get decent return by farming something there. So my belief is you always get 6%+ return on investment over short/long period of time.
city properties are just a ripp off. So get only one property if you want to live for yourself.. Investment of say 50 lacs on a flat(condo), may give you a good rent. But for how long? and what % of interest you pay on that loan? And what will the aging affect be on that flat!!...
that way land | house is better choice!
To me below are investment items first the highest safety + return(decreasing order or preference)
1. gold(other precious metals)
2. treasary bonds../govt assured accounts
2. agri land(either in india or US, in is labor is higher)
3. city independent houses
4. select mutual funds
5. stock market
6. Condos
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jimytomy
04-19 10:37 AM
Jimmy,
Did you change employer when you ported from eb3 to eb2, or stayed with the same employer?
- 2004 filed for Labor and started EB3 process.
- Company got acquired in later years . Filed new I140 ( I think it is called successor-in-interest)
- Recently started fresh EB2 process for interfiling of EB3 to EB2 . GC approved.
Thanks,
Jimytomy
Did you change employer when you ported from eb3 to eb2, or stayed with the same employer?
- 2004 filed for Labor and started EB3 process.
- Company got acquired in later years . Filed new I140 ( I think it is called successor-in-interest)
- Recently started fresh EB2 process for interfiling of EB3 to EB2 . GC approved.
Thanks,
Jimytomy
more...
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mirage
11-05 10:42 PM
....
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yagw
03-29 03:20 PM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
...
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
There are others who advised you about what to do so I am not adding to it. If you want to prevent this happening to others you can expose the company here and in other forums...
however after coming here , Paid for my own ticket and landed here on start of january 2011.
...
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
There are others who advised you about what to do so I am not adding to it. If you want to prevent this happening to others you can expose the company here and in other forums...
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gsc999
07-11 06:41 PM
[COLOR=Navy][FONT=Comic Sans MS]I think you guys are organizing a watershed event for skilled, legal immigrants - I wish you great success.
I cannot emphasize the importance of alerting media to this. Media attention is not at its best over the weekend so you will have to work extra hard to make sure that you get good media coverage. I hope that someone is working on creating a press release for the event.
--
Will the Nor Cal P.R. person please stand-up!
We are coordinating the media effort with the core team and focussing on the tactical stuff right now.
I cannot emphasize the importance of alerting media to this. Media attention is not at its best over the weekend so you will have to work extra hard to make sure that you get good media coverage. I hope that someone is working on creating a press release for the event.
--
Will the Nor Cal P.R. person please stand-up!
We are coordinating the media effort with the core team and focussing on the tactical stuff right now.
msp1976
02-06 04:36 PM
I really don't understand here.
Sorry to confuse you ..
It is very difficult to make a prediction...The 7% country quota for china is satisfied already...So it could be this october
The only chance that it happens is that visa overflow from other categories into EB2China/India...For that to happen..Eb3 world has to become current.....
That would mean that more visa are available than can be used for Rest of world...Then CHINA/India would get some more than 7% country quota....
So it could be Oct 07 or if you are lucky... earlier....
If immigration reform happens..you would definately become current immedialtely...
Sorry to confuse you ..
It is very difficult to make a prediction...The 7% country quota for china is satisfied already...So it could be this october
The only chance that it happens is that visa overflow from other categories into EB2China/India...For that to happen..Eb3 world has to become current.....
That would mean that more visa are available than can be used for Rest of world...Then CHINA/India would get some more than 7% country quota....
So it could be Oct 07 or if you are lucky... earlier....
If immigration reform happens..you would definately become current immedialtely...
gc28262
01-28 03:56 PM
I don't think AILA is fighting this memo on the grounds that it is illegal because of the fact that E-E relationship is illegally defined by USCIS, but they are fighting on the grounds that it is illegal because such directives should come in the form of laws!
Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!
EDIT:
After re-reading AILA's response, it appears to me that they actually don't have a strong case to say that the "EE relationship" definition is illegal. They are going with the argument that a precedence has been set for 50 years, and that is one of the main reasons why USCIS should continue to interpret the EE relationship that way. I'm not sure how strong a case this can be.
Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.
Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!
EDIT:
After re-reading AILA's response, it appears to me that they actually don't have a strong case to say that the "EE relationship" definition is illegal. They are going with the argument that a precedence has been set for 50 years, and that is one of the main reasons why USCIS should continue to interpret the EE relationship that way. I'm not sure how strong a case this can be.
Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.
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