Saturday, June 11, 2011

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  • svam77
    07-19 02:21 PM
    And SOA, if urs is not a labor substitution, u better send another i 140 application along with ur i 485 as concurrent filing. No harm in doing it and u will be safe side.




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  • reedandbamboo
    06-24 12:12 PM
    I just called .. as folks have been reporting, the aide knew what I was calling about and read the bill numbers to me. And then she encouraged me to call my representative as well.

    Thanks IV!




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  • Nil
    03-05 11:51 AM
    Thanks to all of you who had taken the initiative and now sharing the results. This is far more substantial than blaming individual groups for backlog creation (that was ridiculous in this forum). Not sure why we MUST shell out whatever money they demand. IV core, kindly comment.




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  • sbabunle
    12-10 01:41 PM
    Needhelp,
    You should be proud of yourself. And people
    who did not show up after RSVPed. Shame on you.

    If you offered a $15 gift card or a free movie
    coupon or Flash drive, all of these people
    would have lined up at your door.( that is the
    Desi attittude )


    I got my green card 4 months ago.( by Lord
    Krishna's grace). I still contribute to IV on monthly
    autopay. I've been trying to help everyway I could from
    the inception of IV. I made numourous strangers during
    one time to talk about IV. ( My experience is that
    Desi's are so hard to convince. Their world is their family
    and four walls around them and save everypenny they earn).


    I've a friend who went to 5.00am to a autoshop
    to test drive and get a $50 coupon. But who would never
    bother to sign a letter for IV's cause( he is a green card
    waiter). I've tell him several times to do it.


    Needhelp, your best way would be to find one person
    committed like you to stand up. It will be much easier
    then.


    Here is Mother Teresa's Prayer

    "People are often unreasonable, illogical and self centered..forgive them anyway"


    all the bests to all of you.
    babu



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  • desi3933
    03-20 10:09 PM
    Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.

    Ok, Here's what law says about so called "transfer"

    D. AC21 105 -- Visa portability
    .....

    gapala -

    You are mixing apples and oranges.

    Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved.

    H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates.

    OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • abhijitp
    02-20 07:57 PM
    This is a letter from my manager two levels above me:)

    My manager (who I report to) already signed one.

    Takes me to 198.



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  • fall2004us
    08-21 03:14 PM
    One of the required documents for PIO card is (apostilled copy of the US passport holder)
    just wondering what did you do to get the documents apostilled ?
    I tried looking for an answer, looks like it is a long procedure and you have to get it certified by the US dept of state ???
    So I applied for a 10year visa for my daughter and they issued in 8 days from san francisco.




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  • Jitamitra
    11-15 11:56 AM
    Sounds like a good idea. It surely does touch them emotionally. Next year would be really tough with the elections coming around the corner. Let's put our voice before the year ends.



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  • mshelat
    05-16 09:56 PM
    Votes are here:

    http://www.govtrack.us/congress/vote.xpd?vote=s2008-10

    The amendment was sponsored by Senator Ensign (R-Nevada) who said his staff discovered that the stimulus payments would go to illegal aliens.

    http://www.youtube.com/watch?v=qSXqiyqLVd4

    In reality, the change was the result of lobbying by FAIR, an anti-immigrant group:

    http://www.fairus.org/site/PageServe...ter_friendly=1

    FAIR is accused of having ties to White Supremacists.



    http://www.scrippsnews.com/node/29303

    I have updated the Wikipedia article to reflect this information.


    GREAT WORK. I AM SURE WE WILL BE HEARD.




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  • dvb123
    01-11 11:00 PM
    http://docs.google.com/viewer?a=v&q=cache:YQ8A5L4qUTMJ:www.shsu.edu/~kmd007/documents/WinFSHD2Userskmd007ArticlesDouglas-NationalOriginsSystem-1.pdf+supreme+court+national+origins+quota+1924&hl=en&gl=us&sig=AHIEtbT24Qc157BZXxEE8b4o6Fcrv-YXTw

    Consequences of the
    National Origins Act
    The goal of the National Origins Act was to control
    both the quantity and quality of U.S. immigrants in an
    effort to prevent further erosion of the ethnic composi-
    tion of U.S. society. The law accomplished this goal
    using three mechanisms: capping the overall number of
    immigrants allowed into the United States in a given
    month and year; favoring immigrants from certain
    countries; and screening out otherwise qualified immi-
    grants as unsuitable to the United States during the visa
    screening process. The sorting mechanism heavily
    favored northern and western European countries. The
    temporary formula of 2% of the foreign-born of each
    nationality in the 1890 census gave 85% of the quotas
    to northern and western European nations. The national
    origins system fully implemented in 1929 continued
    the trend of both overall restriction and nation bias.
    Indeed, the act virtually halted all immigration from
    southern and eastern Europe. Thus, European immigra-
    tion dropped from more than 800,000 in 1921 to less
    than 150,000 by the end of the decade.
    In addition to controlling the volume of immigra-
    tion from Europe, the National Origins Act also
    allowed a mechanism for selection of immigrants as
    well. In its creation of consular offices abroad, the act
    provided a frontline screening mechanism for select-
    ing out those deemed unsuitable for the United States.



    http://www.law.cornell.edu/uscode/42/usc_sec_42_00001981----000-.html

    � 1981. Equal rights under the law
    How Current is This? (a) Statement of equal rights
    All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.


    http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_IX.html

    TITLE 42 > CHAPTER 21 > SUBCHAPTER IX > � 2000h–2Prev | Next � 2000h–2. Intervention by Attorney General; denial of equal protection on account of race, color, religion, sex or national origin
    How Current is This? Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, sex or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.

    http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_I.html


    PART THREE

    ORGANISATIONS TO CONTACT - IV CORE PLs endorse this so that a few members will help me. OTHER MEMBERS CAN FORM GROUPS AND CONTACT THESE OFFICES.

    American Immigration Council
    1331 G Street, NW, Suite 200
    Washington, DC 20005-3141
    Tel.: 202-507-7500
    Fax: 202-742-5619


    Carl Shusterman

    Law Offices of Carl Shusterman
    600 Wilshire Blvd, Suite 1550, Los Angeles, CA 90017
    Tel (213) 623-4592 Fax (213) 623-3720

    National Origin, Immigration and Language Rights Program

    The Legal Aid Society - Employment Law Center
    600 Harrison Street, Suite 120
    San Francisco, CA 94107
    Telephone (415) 864-8848
    Fax: (415) 864-8199
    TTY/TDD Line: (415) 593-0091
    Email: info@las-elc.org

    American Civil Liberties Union (ACLU)

    125 Broad Street, 18th Floor
    New York, NY 10004 USA
    Phone: (212) 344-3005
    URL: http://www.aclu.org/

    Center for Equal Opportunity (CEO)

    14 Pidegon Hill Drive, Suite 500
    0 Sterling, VA> 20165 USA
    Phone: (703) 421-5443
    Fax: (703) 421-6401
    E-Mail: comment@ceousa.org
    URL: http://www.ceousa.org/

    Primary Contact: Linda Chavez, President

    Equal Employment Opportunity Commission (EEOC)

    1801 L Street, N.W.
    Washington, DC 20507
    Phone: (202) 663-4900
    URL: http://www.eeoc.gov/

    National Association for the Advancement of Colored People (NAACP)

    4805 Mt. Hope Drive
    Baltimore, MD 21215
    Phone: (410) 521-4939
    URL: http://www.naacp.org/
    E-Mail: members@naacp.org







    PART TWO

    LEGAL RESEARCH - EVERYBODY CAN CONTRIBUTE ABOUT COURT CASES, PRECEDENTS ETC AND I WILL TRY TO CONSOLIDATE ALL THE REPLIES HERE

    Different Supreme Court Decisions

    http://public.findlaw.com/civil-rights/race-discrimination/race-discrimination-history.html

    Gratz v. Bollinger

    http://en.wikipedia.org/wiki/Gratz_v._Bollinger



    In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1

    Bakke vs Regents

    http://en.wikipedia.org/wiki/Bakke_v._Regents



    Supreme Court Opinions

    http://caselaw.lp.findlaw.com/data/constitution/amendment14/20.html

    http://caselaw.lp.findlaw.com/data/constitution/amendment14/30.html


    Articles

    http://www.usatoday.com/news/washington/judicial/2009-04-20-supreme-court_N.htm


    http://www.enotes.com/everyday-law-encyclopedia/racial-discrimination#constitutional-protection-against-racial

    PART ONE


    This is an old topic but I thought I would post some interesting info that I found. Give me green before someone drowns me in red.


    Equal Protection Clause - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Equal_protection)

    The Supreme Court has defined these levels of scrutiny in the following way:

    Strict scrutiny (if the law categorizes on the basis of race or national origin or infringes a fundamental right): the law is unconstitutional unless it is "narrowly tailored" to serve a "compelling" government interest. In addition, there cannot be a "less restrictive" alternative available to achieve that compelling interest.


    In Bakke, the Court held that racial quotas are unconstitutional, but that educational institutions could legally use race as one of many factors to consider in their admissions process. In Grutter and Gratz, the Court upheld both Bakke as a precedent and the admissions policy of the University of Michigan law school. In dicta, however, Justice O'Connor, writing for the Court, said she expected that in 25 years, racial preferences would no longer be necessary. In Gratz, the Court invalidated Michigan's undergraduate admissions policy, on the grounds that unlike the law school's policy, which treated race not as one of many factors in an admissions process that looked to the individual applicant, the undergraduate policy used a point system that was excessively mechanistic.

    In these affirmative action cases, the Supreme Court has employed, or has said it employed, strict scrutiny, since the affirmative action policies challenged by the plaintiffs categorized by race. The policy in Grutter, and a Harvard College admissions policy praised by Justice Powell's opinion in Bakke, passed muster because the Court deemed that they were narrowly tailored to achieve a compelling interest in diversity. On the other side, it is argued that the purpose of the Equal Protection Clause is to prevent the socio-political subordination of some groups by others, not to prevent classification; since this is so, non-invidious classifications, such as those used by affirmative action programs, should not be subjected to heightened scrutiny.[30]

    One law firm I found dealing with Federal Litigation. There maybe many.

    http://www.vblaw.com/PracticeAreas/Federal-Litigation-Appeals.asp

    Should we not look at this option when Mexico's ambassador to the United States said Friday he expects immigration reform is unlikely to pass in that country in 2010 because of unemployment and midterm elections?

    http://www.nytimes.com/aponline/2010/01/08/world/AP-LT-Mexico-US-Migration.html

    Antis are ahead of us in taking lawsuits to supreme court

    http://www.infoworld.com/d/adventures-in-it/tech-workers-take-h-1b-case-supreme-court-024


    OPINION JULY 1, 2009 The Supreme Court Says No To Quotas
    Residents in a burning building want competent firefighters. They don't care about the race of those whose job it is to save them.

    http://online.wsj.com/article/SB124640586803076705.html




    VERY INTERSTING ARTICLES ABOUT THIS PER COUNTRY QUOTAS

    http://www.time.com/time/magazine/article/0,9171,846255,00.html

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

    http://en.wikipedia.org/wiki/Immigration_Act_of_1924

    http://en.wikipedia.org/wiki/National_Origins_Formula

    The 1921 Emergency Quota Act restricted immigration to 3% of foreign-born persons of each nationality resident in the United States in 1910.
    The Immigration Act of 1924 provided that for three years immigration will be restricted to 2% based on the census of 1890, and that after June 30, 1927, total immigration from all countries will be limited to 150,000 based upon national origins of white inhabitants as shown by the census of 1920.

    http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses

    http://homepage3.nifty.com/ubiquitous/Japanese-Americans_E/Page05.htm



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  • geevikram
    06-25 02:30 PM
    posted the latest question under uslover...




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  • rayoflight
    05-20 12:00 PM
    Thank You munnabhai, geevikram, uffyegc, piyushvora, Caliber, new2gc for your support

    Way to go sugaur!!!
    You bowled us over :)



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  • gcdreamer05
    05-16 11:18 AM
    Great work toro , the article was very good...

    http://www.msnbc.msn.com/id/24567987/page/2/

    So do we have any update on this, will it be possible to get SSN for H4 dependents?




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  • SOA
    07-19 02:21 PM
    Thanks again, SVAM77! That certainly is good news!:-)



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  • Legal
    07-18 03:06 PM
    Legal,

    Sorry, you probably did not put it that way, but it comes out as, we suffered yesterday, so you guys should suffer today. If that is the case, then solving the immigration issue should be the last on our minds, since we have suffered this long, maybe all the future applicants should suffer just as much.

    But I am sure you did not mean it that way.

    No. I didn't.

    For whatever its worth Compete America has sent another letter supporting the Llofgren bills yesterday. To my knowledge this is the first time they are openly supporting an EM immig relief without asking to increase H1 B numbers.




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  • EkAurAaya
    07-02 04:55 PM
    Got it yesterday...

    1 year EAD + validation from the date of approval, so basically lost 3 months of my current EAD.

    We've been hoodwinked once again by USCIS! :mad:



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  • chanduv23
    12-01 10:09 AM
    SmSm,

    Good to know you are pursuing a part time MBA. For people stuck inthe GC dilemma, further education is really a good oiption.

    For folks around Philadelphia, if you are looking for a good part time programs, Wharton Business school is offering evening programs (Certificate) for Working Professionals. For me it was really a good experience doing the program.

    http://www.wharton.upenn.edu/academics/certificate/

    Ramesh

    Thanks for letting us know :)




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  • Jim77
    09-18 10:31 AM
    Prince_Charming -

    My case was similar as yours. USCIS just sent a Denial on my 485 without sending a NOID in May. If 180 days have been passed on your 140 approval, then you are safe. If your employer revoked your 140 within 180 days, then you have a problem. Normally desi employers revoke 140 because of Ability to Pay issue etc. especially when you move to a different company. Good thing is that you still have your H-1 to fall back on.

    Anyways, My case was reopened within 2-3 weeks after we filed MTR and got a copy of the decision. Filed EAD and AP renewal this July.Got EAD and turns out they denied my AP based on the previous 485 denial in May and didnt even look that they have reopened my case in June. So fighting with USCIS Nebraska center on that right now ! Too infopass and the Immigration Officer is supposed get the information corrected on my file and get my file reopened for AP. Really dont think they look into their own notes or paper work even when issuing denials.

    Feel free to PM me if you need more information.

    Thanks,
    ***
    EB2-IN ( Sep 2004)




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  • nk2006
    02-13 12:10 PM
    Hi,
    Many posts on this thread suggest that there is no H1B type visa for nurses and so they have to come on only greencard; and that is why Health lobby is trying hard to GRAB 90K unused visas (note: I consider this as a grab because from skill/CIR bills; we are trying to recapture unused visas and make them available to ALL EB immigrants rather than allocating them to one special group). But according to this news item on immigration-law there seems a non-immigrant visa H1C available for nurses. Is this true? am I misreading this?

    ==========news item follows==================
    02/13/2007: DOL Announcement of Processing of H-1C Labor Attestations

    The Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 took effect December 20, 2006. The Act reauthorized the H-1C nonimmigrant nurses program, a program originally created by the Nursing Relief for Disadvantaged Areas Act of 1999. Under this program, eligible hospitals file attestations with the Department of Labor, Office of Foreign Labor Certification which, if approved, will support nonimmigrant worker petitions filed with the Department of Homeland Security, U.S. Citizenship and Immigration Services. The Department of Health and Human Services has informed the Office of Foreign Labor Certification that the same hospitals eligible for the original program continue to be eligible. These were listed in the Department of Labor's Interim Final Rule implementing its portion of the H-1C program published on August 22, 2000 (65 Fed. Reg. 51138). The Employment and Training Administration, under the authority of the new public law, is reinstating the H-1C labor attestation program and is accepting applications by qualified hospitals. Eligible hospitals should be advised that the now-expired OFLC form (ETA 9081), Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses, has not been authorized by the Office of Management and Budget (OMB) for current use. However, the OFLC will accept applications using the expired form until a new form is approved by the OMB. The attestations are made enforceable by the 2005 Act. ETA is in the process of revising the form under the OMB clearance process, and taking other appropriate regulatory action. Once approved by OMB, employers will be required to use only the new form.
    ==============================




    NolaIndian32
    04-26 06:29 PM
    You get us to $2536

    Go IV!!




    jsb
    07-25 08:44 AM
    My wife never been to US and I am married for 2 years now. I have been filing my return as Single.

    Last week I talked to IRS and they said I can apply for her ITIN without her being present in US. The condition of visiting US applied to other dependents and not for the spouse. She has to sign my tax return though that I have to mail it to her and she will mail it back to me with her signature.

    Not sure how true is that and I don't know if I should give it a try or not.
    Thanks.
    Yes, that is correct. In fact spouse, child or anyone else, who you are claiming as dependent needs an ITIN, it does not matter where they live, or if they ever visited US, or have any visa to visit US.



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