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Friday, July 8, 2011

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  • chanduv23
    07-11 07:28 AM
    http://samachar.com/showurl.php?rurl=http://sify.com/finance/fullstory.php?id=14490148

    Green card seekers take to 'Gandhigiri' in US

    Wednesday, 11 July , 2007, 11:13

    Washington: In an eloquent display of Gandhigiri, unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

    Inspired by the hit Hindi movie Lage Raho Munnabhai that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started on Tuesday.

    The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

    Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.



    Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

    "The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

    Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

    On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.





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  • chanduv23
    09-29 11:00 AM
    In my opinion, Sen Durbin's stance on EB immigrants would be the cause of concern and like we all know Sen Durbin will make calls on these issues if Sen. Obama becomes the President. Lets see how it unfolds.





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  • test101
    07-10 07:58 PM
    who is Paula John? sorry





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  • drona
    07-09 06:39 PM
    The flowers must go to USCIS. Let them forward it to the hospital. We need them to go to USCIS to make the media story. I don't think they can intervene our orders.



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  • 485Mbe4001
    09-26 04:39 PM
    http://en.wikibooks.org/wiki/FBI_name_check

    if you have a name there is a possibility that you might get stuck :) thats about it...





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  • whitecollarslave
    03-26 01:04 PM
    Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)

    I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.

    Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.

    Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?

    Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).

    You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.



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  • axyl
    05-17 06:57 PM
    Does one need to be physically present in US in order to file I-485 application? I had already booked my travel to India on May 25th before I came to know that the my Priority Dates had become current. Will I need to be in US till I get the filing receipt? I was curious on how would UCSIS know that I'm out of country on the day of filing?

    Thanks





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  • fatjoe
    10-12 10:38 AM
    Neelu:
    My attr said that uscis does not follow any chrological order to approve cases. Rather, it takes any 485 application filed before Jan 22, 05. So, your point on "giving more time" won't work here.
    This is what I did. I did not get GC yet though, but got to know where I'm at.
    1. Contacated NCS numerous times and raised two SRs.
    2. Took inforpass a couple of times. Infopass IOs have more detailed info about our cases.
    3. Contact Senator requesting that my appln be assigned to an IO, and it was done so. It is with an IO now. Hoping and praying that my IO picks up application to approve it this week.
    4. Contacted Ombudsman late last week. Hoping to get some good actions taken on my application.
    5. You might consider contacting Janet Napolitino as well.

    All the best.



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  • gc_on_demand
    09-12 11:43 AM
    They will resume to talk on bill next week. Every thing can happen in flash.

    I would not only call those committe members but we should start calling local lawmakers.





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  • subba
    07-10 10:32 PM
    If someone at the medical center found out what really happenned and why they are getting these flowers, and they complain that they do not want these flowers because of USCIS' stupidity.



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  • gimmeacard
    09-08 05:08 PM
    I had filed my prior applicaiton in EB3 with 485, Later i joined new firmB around august 2007 timeframe. and they started off again using old PD and ported to EB2, which was granted,
    my new company filed for my 485 again as they thought it was right around when i moved and could raise RFE


    I got an email today my CPO ordered, using 485# of prior filing

    what should i do, tell USCIS or talk to lawyers, i dont want this to cause a denial

    ( I never used EAD or so, always on H1)





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  • rajsat
    10-01 10:12 PM
    I recieved 2 notices in mail today.

    One is the welcome notices which says that I-485 is approved.
    Another notice which says that they reviewing or reconsidering the decision previously taken.

    Called 1-800 # and the infopass. They say that reopened or reconsidering the case as the visa numbers retrogressed.

    How can that be when am current in oct as well.

    Mine is EB2 and the priority date is Dec 2004.

    Any suggestions to have this fixed.



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  • grupak
    08-21 11:02 AM
    Guys,

    EB2 guys( those who do not want to support EB3)::
    What will you do, in EB3 shoes, if the numbers are not moving in 2-3 months. You got it. MOst of them will change to EB2, right. I will too. I am sure you can imagine the scene then. I know 8 of my 15 friends have already jumped to EB2. And I am sure they have much higher priority date than most of EB2s there. So you know what to expect. Lets ALL support for the common cause.
    Sri.

    I understand the frustration. Until two months back my PD was retro. Now, I already have my GC on my EB2-NIW I-140 and also had an approved EB1-OR I-140 recently. I am not here to suggest anyone shouldn't do what they think is best for them.

    My own understanding of the law is that EB1 gets the left over EB5, EB2 gets the unused numbers from EB1 and the EB5 that went into EB1 but unused. EB3 gets the unused numbers from EB2 and those from EB1+EB5 unused by EB2. This maintains the preference categories (USCIS's definition, I am not saying EB2 is better than EB3).

    No matter how the numbers are distributed, there is more demand than supply. It is unlikely all the unused EB1 and EB2 ROW numbers would fall to EB3 ROW and then to EB3-C/I. Some would surely go to EB2-C/I. Right now everyone is retro except EB1 and EB2 ROW. So, redistribution doesn't fix the problem just redistributes the retrogression.

    If we can get the recapture and elimination of country ceiling then everybody benefits. The fact that we have an immigration bill is in itself quite something.

    No matter how USCIS or DOS allocates the numbers, there will be backlog and its in everyone's interest whether C/I or ROW to think about pushing for the immigration reform bills.





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  • samcam
    06-29 07:02 PM
    Folks, first of all don't try to slam me for posting this.. Here is a note that I got from my law firm Paul Hastings.. I am subscribed to their immigration related email.. I got this today.. While this has come as a shock to me, they are still preparing to file my I485.. I did not hear this from my lawyer personally, but only through this newsletter. I will speak to them about this first thing monday morning. Please read the note entirely.. Has anybody else heard about this..


    Update on Adjustment Filings for July

    Yesterday, we distributed a Client Alert reporting widespread concern as to the accuracy of the Department of State's (DOS) Visa Bulletin for July 2007 and indicating the possibility that United States Citizenship and Immigration Services (USCIS) may potentially not accept adjustment of status filings for all, or a part, of July. Today, multiple reliable sources have indicated that, as early as Monday or Tuesday of next week, the DOS could issue a revised Visa Bulletin for July 2007. Most likely, some or all of the employment-based immigrant visa categories would again retrogress and may become completely unavailable. The practical impact is that USCIS would almost certainly stop accepting adjustment applications for filing if the revised Visa Bulletin indicates that immigrant visa numbers are not available.

    This unexpected development would deviate from many years of agency practice. It would be devastating for companies and foreign national employees who have relied, as they are entitled to do, on the July Visa Bulletin and were anticipating the filing of adjustments throughout the month of July. We have initiated a concerted effort to aggressively address this unprecedented situation through the highest levels of the Department of Homeland Security (DHS) and the DOS. We are joined in this effort by many other organizations, and we are engaging congressional offices for assistance. Many have already agreed to speak with DHS and DOS. We will keep you updated.



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  • mchundi
    01-02 07:28 PM
    Hello mchundi, Would you like to participate in the joint effort to talk to lawmakers on both sides so that more democrats would vote in favor of the bill.
    WaldenPond,

    I send u a PM.
    --MC





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  • vdlrao
    04-02 05:27 AM
    Do you have any idea, how many cases get approved per month.

    Don't know.



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  • waitnwatch
    08-21 05:40 PM
    In my opinion it is very naive to think that USCIS/DOL just realized that they had 'misinterpreted' the law. ..... The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.


    In a couple of my previous posts I copied the relevant Sections (Sec. 202 and 203) of the INA which specifically states that distribution should be preferentially horizontal. Both Sections should be read together.

    Please note that there is no ambiguity in the law and DOS may just have taken too long to change the US Code or other relevant section of their rules.

    I will definitely be willing to change my interpretation if you can show where the ambiguity in the law lies. I'm definitely not a lawyer so it's quite possible that I'm missing some clause in the law.





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  • Jitamitra
    01-10 10:32 AM
    Just a thought. I think something is holding back folks to write up these letters directly to president. Do you guys think it's a good idea just to have these letters mailed to IV and then pass it along to white house administration when IV meets them.





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  • eb_retrogession
    01-23 07:36 PM
    Guys,
    Have we contacted national newspapers New York Times,Washington Post ?

    In effort to make legislators and people aware of legal immigration issues, we should take help of media.This would be most effective.

    Hiring a lobbying firm to pursue our issues with legislators is a good idea but it should be accompanied with media awareness as well.This is money intensive project and it will take time to reach its target of 100k.We need some other channel of awareness open as well and we need to do that soon so that it has some effect on Feb bills.

    People are not aware that we are going thru such long waits to get immigrate legally.This issue needs to be highlighted.

    Lawmakers would listen to legal immigration issues if they read in leading newspapers NYT and Washington Post. These newspapers are very influential.


    Java,

    We are working on it. Media coverage isn't easy and immediate. They check us out, and take their time to research facts before even considering.

    But the process has started.
    If you know of any serious contacts that can help out, or have any suggestions about regional/local media pls send a note to info@immigrationVoice.org with "Media" as the subject, and it'll come to me

    Thanks





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    09-15 02:31 PM
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