logiclife
06-28 08:14 PM
Read this memo:
http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf
USCIS has indeed broken the law by doing what it did this month.
Like I said on the other thread. AILA's latest memo proves the USCIS violated regulations by rejecting EB3-other 485 petitions in the middle of the month even though those petitions were current in June.
And like I said, USCIS is now acting like an undocumented immigrant violating laws and regulations. And we just finished an 18 month debate in the senate about the law abiding issues of immigrants.
http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf
USCIS has indeed broken the law by doing what it did this month.
Like I said on the other thread. AILA's latest memo proves the USCIS violated regulations by rejecting EB3-other 485 petitions in the middle of the month even though those petitions were current in June.
And like I said, USCIS is now acting like an undocumented immigrant violating laws and regulations. And we just finished an 18 month debate in the senate about the law abiding issues of immigrants.
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villamonte6100
12-14 02:09 PM
Could you please tell us the problem on this law that can be changed to help us.
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
reddymjm
09-24 04:03 PM
Please send emails and post here to get a count..
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sunny1000
06-28 06:21 PM
Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.
They can definitely accept I-140. But, I485 acceptance will stop as soon as DOS tells USCIS that the visas are exausted..... isn't that is one of the provisions that we are fighting for...:D :D :D :D
They can definitely accept I-140. But, I485 acceptance will stop as soon as DOS tells USCIS that the visas are exausted..... isn't that is one of the provisions that we are fighting for...:D :D :D :D
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dealsnet
03-30 01:26 PM
You are correct. No one is good enought to govern. All of them are corrupt or their pary is corrupt. Any one can become PM, nothing will change. May be some one like Mahatma Gandhi come and govern our motherland. Just a wish.
I am just wondering.....
when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
I am just wondering.....
will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
I am wondering.....
when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....
I am just wondering.....
when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
I am just wondering.....
will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
I am wondering.....
when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....
grupak
12-14 01:07 PM
villamonte6100 there was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.
Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.
Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.
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apb
12-14 02:13 PM
OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed......
Isn't this we want. New Law. I am pretty sure when new law is being written and debated and passed, we could lobby for the changes we want. I believe, the EB process will not stop during this process because the govt machinery cannot say let the new law comes into force and then we process. They have to process the GC as per the existing law.
First we go the judiciary route. If we win that would be awesome. If we loose that will give us more visibility. More visibility could attract more sympathetic support than what we have right now. Also there will be clear distinction in senators mind between Illegal and Legal immigration. The hearings will expose the lies behind Lou D talk shows.
I believe that this process will act as a catalyst, to the entire process. We are already facing retrogression. Maybe another couple of years of extra wait would be worthwhile if this can bring in the reforms.:)
Isn't this we want. New Law. I am pretty sure when new law is being written and debated and passed, we could lobby for the changes we want. I believe, the EB process will not stop during this process because the govt machinery cannot say let the new law comes into force and then we process. They have to process the GC as per the existing law.
First we go the judiciary route. If we win that would be awesome. If we loose that will give us more visibility. More visibility could attract more sympathetic support than what we have right now. Also there will be clear distinction in senators mind between Illegal and Legal immigration. The hearings will expose the lies behind Lou D talk shows.
I believe that this process will act as a catalyst, to the entire process. We are already facing retrogression. Maybe another couple of years of extra wait would be worthwhile if this can bring in the reforms.:)
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vgweb
09-14 02:38 PM
Thanks for the great service- H1B valid for 3 years, 485 pending more than 180 days, need to go back abroad and work for another employer in abroad a year and then come back US - Working for different employer in abroad would cause any issues with H1B or GC? Pls provide ur valueable suggestions
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amsgc
07-18 11:59 PM
Its all very confusing. We will know more when we get into August.
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immi_seeker
09-17 05:47 PM
I think it is between 3000 and 3500, with depended this comes to 7500.
In 2008, 10% of these already got approved.
Some 10% may have abandon application or used other priority days (porting).
Some 5% may have used cross-chargeable
So we are looking at a number close to 5000-6000 for Jan-March 2005.
So assuming the worst case of 10k including applicants and another 5k for the PERM PDs in 2005, it seems if we have 15k spill over , PD will easily surpass 2005. Considering the slow economy and rare Eb filings , that spill over number could be a very possible number
In 2008, 10% of these already got approved.
Some 10% may have abandon application or used other priority days (porting).
Some 5% may have used cross-chargeable
So we are looking at a number close to 5000-6000 for Jan-March 2005.
So assuming the worst case of 10k including applicants and another 5k for the PERM PDs in 2005, it seems if we have 15k spill over , PD will easily surpass 2005. Considering the slow economy and rare Eb filings , that spill over number could be a very possible number
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jungalee43
12-17 08:20 AM
Thanks for the update. No need to reveal any more details. At least I know the e-mails that I sent made their way to some one who matters.
We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.
Thanks,
We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.
Thanks,
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lotsofspace
02-13 11:59 AM
I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
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saileshdude
05-31 02:26 PM
It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?
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GCA
10-29 01:03 PM
Giving GC's for buying home seems toomuch biased and benefits only a subset of EB, and totally shifts the basis of the EB category.
On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.
Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.
Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.
On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.
Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.
Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.
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Macaca
07-04 08:49 AM
Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
I think its is Oct 1, 2005. Please verify!
I think its is Oct 1, 2005. Please verify!
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gc28262
01-13 08:51 PM
Unfortunately some of our members are deriving some sadistic pleasure out of this development. However what we as a community should realize is this is just the first trick under the sleeves of anti-immigrants supported by grassley and co. Once consulting companies are out of the picture, they will target permanent employers with conditions like "the company should not have fired any US citizen in the past 6 months or plan to layoff any citizen in the upcoming 6 months." They could come up with additional restrictions for direct employers as well. At that point none of us will have any consulting companies to fall back on.
Anti-immigrants are bypassing legislative process of the country by writing letters to USCIS director and forcing USCIS to issue an internal memo which is probably illegal.
Those of you deriving sadistic pleasure out of this development, this will affect our entire community irrespective of consulting or permanent/direct at some point.
H1B restrictions for TARP companies shouldn't have faded out from our memory in this short timespan.
Anti-immigrants are bypassing legislative process of the country by writing letters to USCIS director and forcing USCIS to issue an internal memo which is probably illegal.
Those of you deriving sadistic pleasure out of this development, this will affect our entire community irrespective of consulting or permanent/direct at some point.
H1B restrictions for TARP companies shouldn't have faded out from our memory in this short timespan.
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snathan
01-15 05:54 PM
For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.
only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?
only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?
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Macaca
06-28 08:09 PM
but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.
My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.
We can complain to Ombudsman!
That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.
My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.
We can complain to Ombudsman!
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neocor
01-09 01:33 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Amma
05-12 01:01 AM
Friends,
The ongoing war between Srilanka and LTTE has grand Indian design and help to Srilanka.
To defeat the so called terrorist organisation LTTE, the whole world is helping Srilanka.
Sonia Gandhi want to avenge the death of her husband.She won't mind killing of thousands of innocent civilians to satisfy her loss in her family. The able primeminister Manmohan singh also became and acting like dumb puppet in this issue.The so called world tamil leader Karunanidhi also joining with Sonia and ditching srilankan tamils.
Two sikhs killed our primeminister Indira. Did we start killing sikhs enmass like the slaughtering of innocent civilians in Srilanka ?.Instead we made Manmohansingh as our primeminister and we are proud of him. That is the real Indian spirit.
LTTE is the creation due to discrimination of Srilankan's Singala only policy.Srilankan tamils fight for their just right in non-violent way initially.When that non-violence activities were crushed by Srilankan government , the disillusioned tamil youths took arms.
Though LTTE did many atrocities, the Srilankan government is not Buddha. They killed many, raped many and encroached the traditional tamil lands.
Even if the present war won by Srilanka government, that country is not going to have peace. Even if Prabakaran and LTTE perished in this war , there will be more Prabakarans will emerge. The seeds are being sown by srilankan government atrocities.
Nelson Mandela was once declared as terrorist by US government.Bagatsingh declared as terrorist by the British.
Time only will tell who is a terrorist and who is a freedom fighter.
Proud to be an Indian but ashamed by senseless acts of Sonia and company.
The ongoing war between Srilanka and LTTE has grand Indian design and help to Srilanka.
To defeat the so called terrorist organisation LTTE, the whole world is helping Srilanka.
Sonia Gandhi want to avenge the death of her husband.She won't mind killing of thousands of innocent civilians to satisfy her loss in her family. The able primeminister Manmohan singh also became and acting like dumb puppet in this issue.The so called world tamil leader Karunanidhi also joining with Sonia and ditching srilankan tamils.
Two sikhs killed our primeminister Indira. Did we start killing sikhs enmass like the slaughtering of innocent civilians in Srilanka ?.Instead we made Manmohansingh as our primeminister and we are proud of him. That is the real Indian spirit.
LTTE is the creation due to discrimination of Srilankan's Singala only policy.Srilankan tamils fight for their just right in non-violent way initially.When that non-violence activities were crushed by Srilankan government , the disillusioned tamil youths took arms.
Though LTTE did many atrocities, the Srilankan government is not Buddha. They killed many, raped many and encroached the traditional tamil lands.
Even if the present war won by Srilanka government, that country is not going to have peace. Even if Prabakaran and LTTE perished in this war , there will be more Prabakarans will emerge. The seeds are being sown by srilankan government atrocities.
Nelson Mandela was once declared as terrorist by US government.Bagatsingh declared as terrorist by the British.
Time only will tell who is a terrorist and who is a freedom fighter.
Proud to be an Indian but ashamed by senseless acts of Sonia and company.
nomi
09-29 12:26 PM
I also have to land before 03/2007.
New 3 years extension is valid till 10/2009. Visa Expired. I am from Pakistan. Where u from?
I am also from Pakistan too.
New 3 years extension is valid till 10/2009. Visa Expired. I am from Pakistan. Where u from?
I am also from Pakistan too.
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