needhelp!
11-15 05:58 PM
and I wish I could do EVERYTHING.
But we need "hands on the deck" to accomplish...
Join state chapters, and get involved in executing ideas. Update signature with link to state chapter.
But we need "hands on the deck" to accomplish...
Join state chapters, and get involved in executing ideas. Update signature with link to state chapter.
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EkAurAaya
07-02 04:55 PM
Got it yesterday...
1 year EAD + validation from the date of approval, so basically lost 3 months of my current EAD.
We've been hoodwinked once again by USCIS! :mad:
1 year EAD + validation from the date of approval, so basically lost 3 months of my current EAD.
We've been hoodwinked once again by USCIS! :mad:
gc28262
12-10 10:52 AM
I am not sure why we are focusing so much on the negatives of Plano meeting. There were so many new members for this meeting. I am not sure why nobody is focusing on this positive outcome.
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vina92
06-08 06:56 PM
May be we should try to lobby for a bill with one time relief of Backlog of EB retrogressed.
I feel that once this backlog is reduced, it will be easier for future applicants anyway as H1Bs are reduced to 65000 from last few years.
I request IV core to look into this option as the opposition from anti immigrants would be less for something like this. This has happened once before in yr 2000.
Vina92:cool:
I feel that once this backlog is reduced, it will be easier for future applicants anyway as H1Bs are reduced to 65000 from last few years.
I request IV core to look into this option as the opposition from anti immigrants would be less for something like this. This has happened once before in yr 2000.
Vina92:cool:
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pappu
11-15 08:42 AM
Swamy - You have posted a truly brilliant quote my friend. My contributions to Immigrationvoice will begin shortly. Good luck to us all and God bless.
Thanks for your contribution
Thanks for your contribution
H4_losing_hope
02-22 04:56 PM
Please join in folks.
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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.
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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ksircar
03-16 10:40 AM
The US Immigration Law is a nightmare.
Couple of years ago, I migrated to Australia.
The Australian laws are very clean and straight forward. There is only one application form with some very simple question and detailed instructions. Just fill up the form, enclose the necessary documents and fees. That's it. You are done. In due time they will let you know "YES" or "NO".
There is no need to feed fat-belly hungry sharks called "Immigration Attorneys" (of course there are exceptions).
Once your case is approved, you and your family are eligible for the all the rights (except Vioting Power) enjoyed by any Australian Citizen.
Once accepted, there is no official discrimination.
Here the US Government cries about anti-discrimination, human rights etc, but those are only eye-wash. They should take lessons from the Australians.
Couple of years ago, I migrated to Australia.
The Australian laws are very clean and straight forward. There is only one application form with some very simple question and detailed instructions. Just fill up the form, enclose the necessary documents and fees. That's it. You are done. In due time they will let you know "YES" or "NO".
There is no need to feed fat-belly hungry sharks called "Immigration Attorneys" (of course there are exceptions).
Once your case is approved, you and your family are eligible for the all the rights (except Vioting Power) enjoyed by any Australian Citizen.
Once accepted, there is no official discrimination.
Here the US Government cries about anti-discrimination, human rights etc, but those are only eye-wash. They should take lessons from the Australians.
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bekugc
06-04 08:15 PM
still waiting for an answer to my earlier qn...anybody else in same boat with an answer.?
************************************************** *****
when 485 pending pple r requesting AP to travel out and return back.
the question: 3 on page 3 of the I-131 applicatin - "If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:"
in part 7 of the application --> can it be left empty???
since we r expecting to AP approval to arrive by mail to our mailing address, can we leave this question 3 on page3/part 7 EMPTY?
************************************************** *****
thanks
************************************************** *****
when 485 pending pple r requesting AP to travel out and return back.
the question: 3 on page 3 of the I-131 applicatin - "If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:"
in part 7 of the application --> can it be left empty???
since we r expecting to AP approval to arrive by mail to our mailing address, can we leave this question 3 on page3/part 7 EMPTY?
************************************************** *****
thanks
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tdasara
02-11 10:31 AM
Does this mean filing I485 without PD current is a non-starter?
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mirage
06-25 04:37 PM
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.
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shukla77
09-22 10:50 AM
Hopefully this does not fall under one of your " only"four reasons. Many people had similar reasons.
----------------------------------------------------------------
Below is post # 1804 by Chandu23
I was banking on bringing my pregnant wife - but now she is doing her night floats in residency and unable to come - but rest assured - she and our little one is fully supportive of this
----------------------------------------------------------------
Yes, and the only reason I see is LAZINESS, COWARDICE, SELFISHNESS AND ATTITUDE
----------------------------------------------------------------
Below is post # 1804 by Chandu23
I was banking on bringing my pregnant wife - but now she is doing her night floats in residency and unable to come - but rest assured - she and our little one is fully supportive of this
----------------------------------------------------------------
Yes, and the only reason I see is LAZINESS, COWARDICE, SELFISHNESS AND ATTITUDE
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munnabhai_zz
12-01 10:12 PM
How about sending flowers every day to the house, with a brief message about EB retrogression? Minimal cost, may bring good publicity...
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vine93
03-05 01:03 AM
I also got the same letter from USCIS today.
Where is the core who advised us to fax letter to USCIS. Please let us know what the action plan is ?
I am ready for $25.
Where is the core who advised us to fax letter to USCIS. Please let us know what the action plan is ?
I am ready for $25.
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NolaIndian32
02-18 01:24 PM
Now y'all got some competition going on, LA will probably never catch CA, but TX better watch out! :)
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gauravster
02-25 10:11 AM
No immigrant Visa is available until the thing is current. From my understanding, Adavnce Parole is not a visa. Quoting from the net.
"Advance Parole is permission for certain foreign nationals, who do not have a valid immigrant visa, to reenter the U.S. after traveling abroad"
"Advance Parole is permission for certain foreign nationals, who do not have a valid immigrant visa, to reenter the U.S. after traveling abroad"
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anindya1234
06-30 09:24 AM
Remember the petition that I wrote supporting the SKIL bill, which was not endorsed by IV core at the time of the party with CIR? Lets work on it now and give it its final shape and lets get this bill passed...
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nomad
07-23 01:31 PM
I called the USCIS just now, and they told me that they can tell the receipt number to ONLY my attorney or my employer, provided its already in the system. I filed on July 5 ( NSC), and hasn't got the receipt number yet. There is only one person in my company to handle hundreds of GCs, and the person is very busy processing all these I-485s, and will not pick the phone for any enquiries, no reply for emails etc. so i am stuck! so i dont know whether they encashed the check or not!
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billu
08-08 05:00 PM
To Simple1
What I meant to say, you�ll succeed if you have the capability (with your professional knowledge, experience and skills) in your professional filed but definitely not with USCIS.
I can say, USCIS is a great leveler in this aspect. Everybody from PhD to Programmer is same in front of USCIS. All have to wait 10+ yrs with mental tension and anxiety, no matter what your caliber is and how successful you are in your profession.
Don�t get me wrong here. I also had to suffer for visa stamping, renewals, I-94 issues, PA etc in US Visa processing (nothing sever though). At the 5th yr of H1-B, I just decided.. to hell with that.....
I don't know about you guys, but, I would be heart patient with that kind of anxiety in another 5 yrs of GC process �. Really need a lion's heart to pursue US GC now days
i completely agree with u.......waiting 10-12 years for a plastic card keeping everything on hold and renewing EAD,AP every other year.......h1b stamping........all that paperowork.......working ur a** out for the same employer for xx years........keeping track of excruciatingly slow movement of PDs in monthly bulletin.........feel like i am already in ICU man.........is this a life?????
What I meant to say, you�ll succeed if you have the capability (with your professional knowledge, experience and skills) in your professional filed but definitely not with USCIS.
I can say, USCIS is a great leveler in this aspect. Everybody from PhD to Programmer is same in front of USCIS. All have to wait 10+ yrs with mental tension and anxiety, no matter what your caliber is and how successful you are in your profession.
Don�t get me wrong here. I also had to suffer for visa stamping, renewals, I-94 issues, PA etc in US Visa processing (nothing sever though). At the 5th yr of H1-B, I just decided.. to hell with that.....
I don't know about you guys, but, I would be heart patient with that kind of anxiety in another 5 yrs of GC process �. Really need a lion's heart to pursue US GC now days
i completely agree with u.......waiting 10-12 years for a plastic card keeping everything on hold and renewing EAD,AP every other year.......h1b stamping........all that paperowork.......working ur a** out for the same employer for xx years........keeping track of excruciatingly slow movement of PDs in monthly bulletin.........feel like i am already in ICU man.........is this a life?????
unitednations
03-24 05:05 PM
Your argument is that the country quotas help limit nepotism and discrimination based on national origin. However, this is already prohibited under DOL rules if you look at form ETA-750A. Therefore, if this is happening, it means there is a failure in the labor certification system to prevent this type of discrimination. Also, nepotism is not all bad as the Clintons and Bushes have been demonstrating :D.
The country quota owes its origin and sustenance to deep national insecurities around race. It will change eventually as the makeup of the nation changes over time. In the short term we will see movement as the UK bumps up against the 7% limit.
Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.
The country quota owes its origin and sustenance to deep national insecurities around race. It will change eventually as the makeup of the nation changes over time. In the short term we will see movement as the UK bumps up against the 7% limit.
Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.
anai
02-13 08:53 AM
A quick net-worth calculator:
Wakes up and decides more action is needed -------------> +10 pionts
Considers two options:
Become more active at IV and help shape and lead effort ---> worth +100 pts
Open a new venue for influencing our future ---------------> Also worth +100 pts
Finally settles on an easy three-pronged third way:
Trash current volunteer leaders ----------------------------> -500 points
Offer no new ideas on what can be done--------------------> -200 points
Use words such as "zapata" in a post -----------------------> -50 points.
Here's how you can say sorry: Add a mew member (or contribute a dollar) to IV for every -10 points you have earned.
I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!
That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.
I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!
But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.
Wakes up and decides more action is needed -------------> +10 pionts
Considers two options:
Become more active at IV and help shape and lead effort ---> worth +100 pts
Open a new venue for influencing our future ---------------> Also worth +100 pts
Finally settles on an easy three-pronged third way:
Trash current volunteer leaders ----------------------------> -500 points
Offer no new ideas on what can be done--------------------> -200 points
Use words such as "zapata" in a post -----------------------> -50 points.
Here's how you can say sorry: Add a mew member (or contribute a dollar) to IV for every -10 points you have earned.
I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!
That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.
I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!
But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.
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