Wednesday, June 8, 2011

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  • pappu
    11-09 03:43 PM
    TheOmbudsman,

    A number of IV members have complaint about your posts. We know that you have earlier posted on IV forums with the screen names �Communique� and �marlon2006�. If I remember correctly, your handle 'Communique' was banned but it was pretty clear that you were an anti-immigrant. I want you to read this post because in next 15 minutes, I will be putting a ban on your handle.

    Immigration Voice forums are created for high skilled immigrants and their families. We contribute constructively to the society. Your hate mongering tone and disguising as 'someone waiting for green card' is pathetic example of how low you can go. I try to read forums everyday and I try to read each and every post. Each day I try to read your post to get more determined to continue to work on this very important issue. But now, I think its time for you to leave IV forums as your tone is again becoming offensive and your posts drive legitimate IV members away.

    We are requesting you politely to please leave IV forums alone and do not bother IV members.

    Thank you,
    WaldenPond
    Good call. This was waiting to happen. It also applies to others on the forums who create handle names without their full contact information and post anti immigration, anti IV or offensive messages.




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  • newxyz100
    07-20 12:57 PM
    Hi,

    How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?

    Q: Can an employer cancel H-1B visa without employee�s knowledge/consent?
    A: Yes and remember it is illegal to travel on a cancelled visa.

    Q: If an employer can cancel my visa without my knowledge, how do I know that my visa is still valid?
    A: Unfortunately, the only reliable source for that information is INS and your employer. There is really no other way to find out. You could try INS although they may not help you as you are an employee.




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  • Green.Tech
    06-26 12:32 PM
    Lets do the best we can. If it does not work, we are no worse than where we already are.

    A group of us just went to Lamar Smith's Austin District Office and detailed his liason about the bills, benefits and information about IV. She said she will have them Fedex'd today to their Washington office and keep us informed about congressman's stand.

    Thanks for doing that for us, Iskreddy! A visit to his office will definitely help.




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  • sunny1000
    07-01 03:46 PM
    Looks like the call volume has gone down considerably in the past few days. Those who have not called yet, please call asap and ask your family/friends to call as well.



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  • dilbert_cal
    05-10 02:19 AM
    whattodo

    1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?

    The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers

    Having an approved 140 and a 485 pending for more than six months is the safe method of switching. For AC21, the key is to have your 485 pending for more than six months. You can use AC21 to switch employers after six months of filing of 485 even if your 140 is not approved. Its not a simple process but folks have done it.




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  • bushman06
    05-17 03:39 PM
    done



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  • cygent
    07-18 08:29 PM
    On the same evening.....Seeta and Geeta are shopping for tamarind in a nearby aisle....for some reason (I cant be more vivid than this) they notice eachothers tatto's; one has EB3 and one has EB2..........CATFIGHT!!!!!!!!!!!!!!![/I]

    In this case the Eb3-I tattoo is more like a tramp stamp :D based on what is happening to these folks now. I know, I am one of them :rolleyes:.




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  • svn
    04-10 05:12 PM
    While I clearly do NOT agree with the original basis of this thread, here are the facts as I see it:

    - We have an immigration backlog that affects a huge community and several people are only waking up to how serious this issue is (I will count myself in this category)
    - IV has made significant contributions towards espousing our cause through the proper channels (via the press and lobbying)
    - There is therefore greater interest today in an organization like IV and a desire to be part of the process including potentially financial contributions
    - Hoewever, a lot of the new folks are looking for direction and a sense of belonging and action
    - IV's policy of limited information dissemination (due to arguably valid reasons including the desire not to reveal any strategies to opponents of immigration) is not engendering the confidence required to welcome new members.
    - An appeal for blind faith instead is just off-putting to most logical and thinking members and threads like these are nothing but an appeal for more information (stated rather poorly, I am afraid).
    - In order to succeed, we clearly need to get everyone united


    The reality is - IV needs a lot lot lot funds,IV needs manpower, IV needs your skills, IV needs your unity, IV does not need your criticism because if you criticize IV it won't help you.
    So you and I together - united we stand - we build IV - if we do not want to take that extra step - we all suffer...............


    Chandu, I chose to quote you since everything you are saying makes a lot of sense ( I also appreciate all of your posts and all the work you have done for so many years). In fact, with Obama's administration at least ready to talk about immigration, I think we have the perfect opportunity to get our point of view across through lobbying, which as you have said, will take a lot of funds. However, that said, is it really hard for the current team to undertstand that there are a lot of folks out there who want to contribute but would at least like to be informed on what is going on? (see poll thread I started: http://immigrationvoice.org/forum/showthread.php?t=24858)


    I completely understand that those who are working hard on our cause don't really have the time to update others, especially given everything else in life they have to deal with. However, when there are people ready to take on this task, why the hesitation and the defensiveness in sharing information? We really need to move involve more people in this effort to have any chance of succeeding. I know a lot of folks have said something to the effect "it's not our job to inspire people - if they cannot be inspired to contribute, let them go to hell". However, I do think it's the job of leadership to inspire and get more people behind them or else no one will succeed - I really wish the Core team moves in this direction.

    Disclaimer: I am a recent "Donor" and have certainly not put in anywhere near the amount of effort or money that several of the committed members like you have



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  • headhunter
    07-19 07:06 PM
    One way is to invest regularly in 401 K. By that way you let your investments grow tax free and if you have to or go back to India then you can withdraw them next year, TAX free or less tax. Thus you actually pay less tax and ultimately you might pay lesser tax than your social security. Who cares if the social security is being taken from me.




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  • waitnwatch
    06-26 02:03 AM
    I think the country based quota has been eliminated for the "merit based" quota. Am I missing something.



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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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  • Zil
    09-19 01:44 AM
    Yes, a plumber occupation would not qualify as a Highly Skilled occupation, it isn't on the list of in demand occupations. So - are you EB3 category? You need at least a 3 year degree for that (or if you don't have a degree, you need 3 years of experience for each year missing - so 9 years experience - depending on your unspecified "equivalent qualifications" - NVQ may or may not count, but I'm only guessing that this is what you have)

    If you've been waiting 2 years, you have roughly 4 more years to wait imo, but to be honest, based on the info i have, I have doubts whether it would be feasible. If you can't get an H1B because your job wasn't applicable, getting an EB green card will be very tough.



    I think he already cleared LC and I-140 and his case is at the stage of consular processing. Unless the consulate has the authority to question his qualification for an EB3 visa he may get his IV as soon as his PD becomes current.

    Zil



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  • Tshelar
    05-18 08:29 AM
    Sent to Sen. Bond, Sen. McCaskill and Rep. Akin.




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  • nb_des
    07-17 04:01 PM
    This is all happening because of labor substitution. I don't think there are that many people from 2001 and 2002 still continuing with same position. But now since labor is getting cleared from backlog companies use it substitute to other candiadtes and priority date never moves forward.

    Why cannot they just terminate labor substitutuion. It is really unfair to those who are waiting in line.



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  • mhtanim
    09-12 07:23 PM
    I am not a lawyer, but this is what my understanding: if your I-485 was is pending for at least 180 days and your I-140 was approved at the time when you used AC21, you should be safe. In this scenario, even if the ex-employer revokes your I-140, you should be fine and if USCIS has denied your I-485 based on this, you should be able to fight it.

    USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.

    I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.




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  • pappusheth
    05-17 06:25 PM
    done..



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  • logiclife
    07-10 01:27 PM
    Don't you guys think there is no spark anymore in IV? Have you heard anything incourging from IV lately? Where is QGC or whatever there name is? Where is money?

    Many many times members asked for update once in a while, but what u got , nothing.

    Come one guys, stop dreaming.

    Updates:

    The updates are provided periodically on forums from IV core. We are currently working on the House side for pushing SKIL forward. There are a few things missing in SKIL bill that we would like to get introduced. Mainly its the 3-year extensions of EAD and AP and 3- year ext of H1 for labor applicants that is missing.

    We are also trying to assess of SKIL in house is gonig to go forward, and in the event it doesnt, what other bills can be vehicles for putting our provisions like the S 1932 style.

    We try not to restrict free voice and opinion from members on forums however, if it gets downright nasty we will edit posts and censor. But in principle we try to avoid it as much as possible.

    If you have questions, and if you think that IV core is not up to the job and needs help or needs to pace up, or if you think you have questions for IV core, please pick up the phone and call the 281 number listed on the website's "Contact Us" and call us. We will answer ALL your questions as to what we are doing.

    That would be much more productive way of finding answers to your questions.




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  • H4_losing_hope
    02-08 01:21 PM
    Hi NeedHelp, I've reached 112 and think there could be more in the making.

    Yes let's use this weekend folks! :)




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  • nandakumar
    06-24 03:00 PM
    I just called Lamar smith's office, a lady took the call and once I mentioned that I'm calling on behalf of immigration voice, she immediately responded with the three bill numbers and said that she will pass on the message to the rep.

    Not even took a mt, come on folks please call his office and request his support for the three bills.




    kumar1
    09-25 01:33 PM
    My company started the PERM process for me about 2.5 months ago. I contacted Fragomen about 1.5 months after approvals within the company and they said they are working on establishing min requirements for the position. I then contacted them 3 weeks after that day and they said they have established the requirement and will request the DOL for prevailing wage info (this was 2 weeks ago). After which they are going to start the recruitment process. So I'm not sure if the time line is okay or should I be chasing them more frequently? Please advise.

    Regards
    Nat

    Get a desi lawyer, get a desi employer....life is beautiful !




    needhelp!
    02-21 11:58 AM
    Hope you get more than 250.

    Just received confirmation of 4 more letters which takes me to 200!! Going to shoot for 250 and will send most of these new ones to NORCAL, will send final batch close to March 1st. Keep them coming folks.



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