she81
06-29 08:55 PM
To quote it in a much broader sense, America is not the end of the world - period! Just take it easy and enjoy life...don't freak out if the visa bulletin updates and you don't get to file your 485...we are all in this country by our free will..if we feel the rules of the land are not fair to us..each one of us is free to leave....
On another front, if this actually does happen, I will be the first person to sue USCIS for all the expenses, lost time and headaches that I incurred in preparing the 485 application...I think USCIS can't get away without reimbursing everyone for all of the above...
Agreed it is not the end of the world... but no monetary sum can reimburse the stress we've gone through and going through, the number of years worrying, the numerous decisions we've deferred, the immobility of career we've gone through... just in anticipation. They just brought all these people to the well to quench their thirst only to find out that it's but dried up.
On another front, if this actually does happen, I will be the first person to sue USCIS for all the expenses, lost time and headaches that I incurred in preparing the 485 application...I think USCIS can't get away without reimbursing everyone for all of the above...
Agreed it is not the end of the world... but no monetary sum can reimburse the stress we've gone through and going through, the number of years worrying, the numerous decisions we've deferred, the immobility of career we've gone through... just in anticipation. They just brought all these people to the well to quench their thirst only to find out that it's but dried up.
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pappu
11-06 03:28 PM
Check this:
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
vikki76
10-05 02:56 PM
Hi vikki76, bpositive, dipika, caliguy, leoindiano:
If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?
Yes my case is pre-adjudicated and currently with a IO.My colleagues who had filed around same time as me got it in September itself.I am thinking that we are just bit unlucky in that our apps haven't been picked up yet (depending which batch they landed up in)
If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?
Yes my case is pre-adjudicated and currently with a IO.My colleagues who had filed around same time as me got it in September itself.I am thinking that we are just bit unlucky in that our apps haven't been picked up yet (depending which batch they landed up in)
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willwin
09-16 10:15 AM
PLEASE CALL NOW!!!!
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nojoke
09-26 07:17 PM
How is giving tax break to the business helping us in the time of recession? If your company is not selling products, it will hire more to do what? The tax cut will simply go to executives and there will be layoffs. Trickle down economy is a scam.
Did you compare Obama's tax plan with McCain's. Go to CNN and you will that you will get more from Obama than from McCain's tax cut. How is universal health care bad? There are 50million without healthcare here. Soon your company will say that it cannot pay your healthcare plans because it is getting costly. The middle men(insurance companies) maybe eating more of your money than the actual health care costs. The long lines are due to less available doctors, not because of universal healthcare.
"A Commonwealth Fund study of six highly industrialized countries, the U.S., and five nations with national health systems, Britain, Germany, Australia, New Zealand, and Canada, found waiting times were worse in the U.S. than in all the other countries except Canada. And, most of the Canadian data so widely reported by the U.S. media is out of date, and misleading, according to PNHP and CNA/NNOC."
Did you compare Obama's tax plan with McCain's. Go to CNN and you will that you will get more from Obama than from McCain's tax cut. How is universal health care bad? There are 50million without healthcare here. Soon your company will say that it cannot pay your healthcare plans because it is getting costly. The middle men(insurance companies) maybe eating more of your money than the actual health care costs. The long lines are due to less available doctors, not because of universal healthcare.
"A Commonwealth Fund study of six highly industrialized countries, the U.S., and five nations with national health systems, Britain, Germany, Australia, New Zealand, and Canada, found waiting times were worse in the U.S. than in all the other countries except Canada. And, most of the Canadian data so widely reported by the U.S. media is out of date, and misleading, according to PNHP and CNA/NNOC."
sam2006
01-08 10:37 AM
my letter is on its way
will reach by next week .. great goin IV
will reach by next week .. great goin IV
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jags_e
07-09 08:26 PM
I think this is an opening and the outcome will depend on how we respond to it.
We are in the middle of a fight to get recognised of our problems and for sure the director responded to our non-violent protest.
What we do next will count.
Should we lay down our arms a surrender now? This will be a sign of weakness. Lets fight on.
Why is everybody so happy? He has just briefly and curtly informed in the message that flowers will be forwarded. They won't be sitting on my desk and embarrasing me. There is no acknowledgement of the issue or any empathy or compassion with the sufferers. Now even the press coverage will make USCIS director look good. I don't see what's the positive development here.
We are in the middle of a fight to get recognised of our problems and for sure the director responded to our non-violent protest.
What we do next will count.
Should we lay down our arms a surrender now? This will be a sign of weakness. Lets fight on.
Why is everybody so happy? He has just briefly and curtly informed in the message that flowers will be forwarded. They won't be sitting on my desk and embarrasing me. There is no acknowledgement of the issue or any empathy or compassion with the sufferers. Now even the press coverage will make USCIS director look good. I don't see what's the positive development here.
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jsb
10-12 03:32 PM
My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
CADude,
Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
CADude,
Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.
more...
jonty_11
06-29 05:23 PM
keep refreshing the July VISA bulletin page all thru th ewkend...
here u go:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
here u go:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
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english_august
07-09 07:17 PM
USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.
We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".
---------------------------------
We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.
We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".
---------------------------------
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l1fraud
06-12 10:32 PM
dilipcr,
You (or people like you) are not "fighting" corruption or injustice, you are just serving your interests. Al least have the guts to admit that.
When did you guys start fighting corruption, injustice and fraud ? Maybe you guys were always excited about Mahatma Gandhi or Mother Teresa all your life ! Be straightforward. There are no kindergarten students on this forum. We all know your intentions.
Again we all know outsourcing is going to hurt everyone. That doesn't mean I will try to shut the doors behind me. Many of us were not brought up that way.
Of course yes its for our interest BUT don't forget that its against a violation. Tomorrow if the same organization brings resources in H-1B/EAD/GC/Citizenship we are not going to complain about it ... because its within whats allowed by the law, I think thats the purpose of having rules ... to have a fair playing ground ... think abt the havoc/chaos these companies could create by bringing people without any visa (illegally across borders) and talk about 'closing the doors and me not brought up that way', do you think that anyone including you would support that???. Here the purpose of L-1B visa is misused and blindly violated, so lets move in the right direction, we are not asking all L-1B visas to be banned BUT to investigate the abusal of that visa category and we are just pointing out the incidents where we think its getting violated. Lets see who is on right/wrong side. We'll leave the decision part to ICE/USCIS/Other agencies involved.
You (or people like you) are not "fighting" corruption or injustice, you are just serving your interests. Al least have the guts to admit that.
When did you guys start fighting corruption, injustice and fraud ? Maybe you guys were always excited about Mahatma Gandhi or Mother Teresa all your life ! Be straightforward. There are no kindergarten students on this forum. We all know your intentions.
Again we all know outsourcing is going to hurt everyone. That doesn't mean I will try to shut the doors behind me. Many of us were not brought up that way.
Of course yes its for our interest BUT don't forget that its against a violation. Tomorrow if the same organization brings resources in H-1B/EAD/GC/Citizenship we are not going to complain about it ... because its within whats allowed by the law, I think thats the purpose of having rules ... to have a fair playing ground ... think abt the havoc/chaos these companies could create by bringing people without any visa (illegally across borders) and talk about 'closing the doors and me not brought up that way', do you think that anyone including you would support that???. Here the purpose of L-1B visa is misused and blindly violated, so lets move in the right direction, we are not asking all L-1B visas to be banned BUT to investigate the abusal of that visa category and we are just pointing out the incidents where we think its getting violated. Lets see who is on right/wrong side. We'll leave the decision part to ICE/USCIS/Other agencies involved.
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leoindiano
08-07 06:15 AM
SunnySurya, Flood,
I see that you guys didnt join IV until 2008. So, you know very less about this org. The people who only can think for their own wont come to join you at any stage, it was proven many times. They will just keep writing messages here and use valuable information on the forum.
I am EB2/Masters/PD Nov 2004. I do not not support your idea. I loose patience at times, but not to the extent of effecting other peoples chances. I know quite a few of my freinds who had masters, their corporate employers applied in EB3, none of them are trying to do conversion. But, i feel their pain.
I see that you guys didnt join IV until 2008. So, you know very less about this org. The people who only can think for their own wont come to join you at any stage, it was proven many times. They will just keep writing messages here and use valuable information on the forum.
I am EB2/Masters/PD Nov 2004. I do not not support your idea. I loose patience at times, but not to the extent of effecting other peoples chances. I know quite a few of my freinds who had masters, their corporate employers applied in EB3, none of them are trying to do conversion. But, i feel their pain.
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l1fraud
06-15 10:56 PM
No we are discussing YOUR jobs loss due to L1 misuse. You were sleeping until it hit you and now you suddenly want sympathy. BTW, I feel sorry for you that any guy from India can come and do your job. Most guys who come on L1 are freshers with not much skills. Thats what is needed for the job then.
First of all I don't need your sympathy I am here to get some info regarding how to complain about L-1B violation (hope you read thru the entire discussion), second even if you think that I was 'sleeping' ... don't worry we are awake now and we are making sure that these violators are getting their share of attention from authorities.. we have a solid case (atleast the special investigator from ICE thinks so!), rest we'll leave to the concerned agencies (ICE/USCIS) ... I don't mind whether the guy is young or old if his visa is not eligible to do the work.. he is violating the law and will end up in trouble, period.
* All the positive things you talked abt outsourcing/TCS/Wipro can be achieved without violating any laws, unfortunately these companies are greedy enof to go any extend and violate the laws for achieving their quarterly/yearly targets.
First of all I don't need your sympathy I am here to get some info regarding how to complain about L-1B violation (hope you read thru the entire discussion), second even if you think that I was 'sleeping' ... don't worry we are awake now and we are making sure that these violators are getting their share of attention from authorities.. we have a solid case (atleast the special investigator from ICE thinks so!), rest we'll leave to the concerned agencies (ICE/USCIS) ... I don't mind whether the guy is young or old if his visa is not eligible to do the work.. he is violating the law and will end up in trouble, period.
* All the positive things you talked abt outsourcing/TCS/Wipro can be achieved without violating any laws, unfortunately these companies are greedy enof to go any extend and violate the laws for achieving their quarterly/yearly targets.
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chanduv23
03-26 03:34 PM
A new technique reqruiters are using is
"Hey, I am OK with EAD, it is just this particular client of mine who is not and I tried to educate this client but they do not listen. I tried placing another guy on EAD at this client but they rejected because of EAD and I placed so many people on EAD in other clients. So I hear you. Good luck with other jobs."
I still think it is some notorous reqruiters who apply the EAD filter. They do not want to deal with a lot of resumes and they want to apply that filter.
"Hey, I am OK with EAD, it is just this particular client of mine who is not and I tried to educate this client but they do not listen. I tried placing another guy on EAD at this client but they rejected because of EAD and I placed so many people on EAD in other clients. So I hear you. Good luck with other jobs."
I still think it is some notorous reqruiters who apply the EAD filter. They do not want to deal with a lot of resumes and they want to apply that filter.
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gcgreen
08-07 01:55 PM
I think this red dot green dot thing is the silliest thing to be carping about. It appears that a SIGNIFICANT number of posts in all threads are about this red dot green dot stuff.
Why do we care about this red/green dot nonsense? Does it really affect anything in the real world?
NKR,
I will be glad to give u a gree to up your reputation :-)
Why do we care about this red/green dot nonsense? Does it really affect anything in the real world?
NKR,
I will be glad to give u a gree to up your reputation :-)
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nsabavala
01-03 04:27 AM
No its happening at all Indian consulates
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imv116
06-12 11:14 AM
U.S. Department of Labor can be a good place to start with the first complaint.
Link: http://www.dol.gov/esa/whd/america2.htm
Link: http://www.dol.gov/esa/whd/america2.htm
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Bpositive
02-09 11:26 AM
This is what I did -
1. Had my lawyer followup with consulate -they respond quickly to that.
2. Letter from congressman - congressman called consulate and i got a written reply from congressman on status in less than a week
3. Email followup with consulate
4. Calls to DOS - have to be on hold for a bit though..
Interview - Jan 3; 221g (pink) Phd in bio; additional info submitted - Jan 7th; consulate sent info to DOS - Jan 14th; DOS clearance - Jan 31st. Visa issued - Feb 6th...
btw most elected officials have a dedicated person to do this...
1. Had my lawyer followup with consulate -they respond quickly to that.
2. Letter from congressman - congressman called consulate and i got a written reply from congressman on status in less than a week
3. Email followup with consulate
4. Calls to DOS - have to be on hold for a bit though..
Interview - Jan 3; 221g (pink) Phd in bio; additional info submitted - Jan 7th; consulate sent info to DOS - Jan 14th; DOS clearance - Jan 31st. Visa issued - Feb 6th...
btw most elected officials have a dedicated person to do this...
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bayarea07
09-11 08:22 PM
Called Up and Left Voice Mails
Elton Gallegly (R-Calif.)202- 225-5811
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Can anyone Please update the final list of all the supporters and non suppoerters so that we can focus only on Non Supporters as of now.
Elton Gallegly (R-Calif.)202- 225-5811
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Can anyone Please update the final list of all the supporters and non suppoerters so that we can focus only on Non Supporters as of now.
singhsa3
11-04 11:15 AM
I think the question though genuine and points to the fundamental flaw in the system but is irrelevant to the point of discussion here.
The whole point is that the incentive for porting has been taken away by making computer information manger a Job Zone 4. In addition, additional scrutny will weed out any fraud.
I need to read up on the new zones implementation.
But if you may, please answer this question: If one wants to change jobs within the same company to a new job that falls in the same zone as his current one, can he do that without a new LCA?
The new job is in the same building/region; just some additional responsibility and would be in a different group than the present one.
The whole point is that the incentive for porting has been taken away by making computer information manger a Job Zone 4. In addition, additional scrutny will weed out any fraud.
I need to read up on the new zones implementation.
But if you may, please answer this question: If one wants to change jobs within the same company to a new job that falls in the same zone as his current one, can he do that without a new LCA?
The new job is in the same building/region; just some additional responsibility and would be in a different group than the present one.
funny
09-15 04:20 PM
having efax will increase the participation for sure..