amitjoey
07-05 03:52 PM
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
Man, $2500 only. That is really pathetic.
Man, $2500 only. That is really pathetic.
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sw33t
01-18 06:30 PM
US Code, Title 8 � 1304. Forms for registration and fingerprinting
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
By law, you are not suppose to make copies of an official US document.
Also, a police officer cannot deport you. He will most likely make a call to the nearest border security post and can either chose to hand you over to them or check your status over radio/phone.
Rule of thumb for all immigrants is to make sure you carry your documents when traveling withing 100 miles of the US border.
If you are a student, some cops will also let you go if you show your student ID combined with your State Issued ID.
For those states that required for you to prove your valid immigration status when applying for a state ID, a gentle plea to the cop that the state couldn't have issued your ID unless they verify your status, might work!
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
By law, you are not suppose to make copies of an official US document.
Also, a police officer cannot deport you. He will most likely make a call to the nearest border security post and can either chose to hand you over to them or check your status over radio/phone.
Rule of thumb for all immigrants is to make sure you carry your documents when traveling withing 100 miles of the US border.
If you are a student, some cops will also let you go if you show your student ID combined with your State Issued ID.
For those states that required for you to prove your valid immigration status when applying for a state ID, a gentle plea to the cop that the state couldn't have issued your ID unless they verify your status, might work!
nat23
06-12 03:01 PM
I think the whole discussion can be summed up in the following manner: The CIR in its present form does more harm to us than good. If we can manage to get a favourable amendment attached then we are in good shape else we are in trouble.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
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kondur_007
07-12 04:30 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
more...
ramus
07-02 10:31 PM
Thank you.. I see you just joined last month.. Happy to see new member contributing.. Please update our main thread and ask others to contribute..
Here is my contribution Google Order #920441777988850
Here is my contribution Google Order #920441777988850
ItIsNotFunny
12-10 08:45 AM
http://mumbai.usconsulate.gov/cut_off_dates.html
EB3-India moved for 15 days. This sucks.
EB3-India moved for 15 days. This sucks.
more...
prioritydate
01-22 07:10 PM
I agree that with apinto and gooblywoobly that risk assessment should be done by everybody. risk calculation can be best be approximate. But most people paint the best case and leave it there in order to enjoy material comforts.
prioritydate and ajay, I didn't give you reds.
When the adversity strikes, people write long stories without a moral at the end. The moral of the story is don't sign up for heavy loans and mortgages, when you are a temp . That's not your venture (risk) capital that you can just burn up like startups did in the silicon valley and ruined it.
Yes, immigration sucks but this is not a moral of the present story. If you make a film like that,where you are skating on thin ice, folks will laugh at you. Make a better film which says you can't buy a house or invest here, even if you can afford it and you cannot accept job promotions or change jobs due to restrictive immigration policies.
And yes, if you leave your cars and your houses behind and run off to home country with your tails between your asses, you deserve to be extradited and put behind bars. You know why. My companies has high paying financial institutions as its customers. They have slashed their IT budgets due to folks like you (loan defaulters) and now I find myself going several rounds of layoffs, despite no fault of mine. Its making me loose my sleep.:mad:
I have a green card. So, are you giving me a thumbs up and go purchase a house now? The damage is already done. Someone gave me lot of reds. I don't know in which thread, but I have all reds.
prioritydate and ajay, I didn't give you reds.
When the adversity strikes, people write long stories without a moral at the end. The moral of the story is don't sign up for heavy loans and mortgages, when you are a temp . That's not your venture (risk) capital that you can just burn up like startups did in the silicon valley and ruined it.
Yes, immigration sucks but this is not a moral of the present story. If you make a film like that,where you are skating on thin ice, folks will laugh at you. Make a better film which says you can't buy a house or invest here, even if you can afford it and you cannot accept job promotions or change jobs due to restrictive immigration policies.
And yes, if you leave your cars and your houses behind and run off to home country with your tails between your asses, you deserve to be extradited and put behind bars. You know why. My companies has high paying financial institutions as its customers. They have slashed their IT budgets due to folks like you (loan defaulters) and now I find myself going several rounds of layoffs, despite no fault of mine. Its making me loose my sleep.:mad:
I have a green card. So, are you giving me a thumbs up and go purchase a house now? The damage is already done. Someone gave me lot of reds. I don't know in which thread, but I have all reds.
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gc28262
12-20 05:39 PM
Yes, I did. In fact, many times.
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
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chanduv23
10-29 11:45 AM
Come on folks - we need requests in large numbers or else our campaigns will fail. Let us not be victims of our own inaction.
Please send in your requests.
This is a very serious action item and IV is working extremely hard in the background
Please send in your requests.
This is a very serious action item and IV is working extremely hard in the background
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desi3933
07-09 04:23 PM
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said.
"not entirely completed" = INCOMPLETE
I think this should count for 100%.
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
You chose to ignore this from your post
when we were certain the process will be completed very shortly
certain = 100%
You are reading what you want to read.
__________________
Not a legal advice.
"not entirely completed" = INCOMPLETE
I think this should count for 100%.
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
You chose to ignore this from your post
when we were certain the process will be completed very shortly
certain = 100%
You are reading what you want to read.
__________________
Not a legal advice.
more...
g_mat
09-26 11:00 PM
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
On 9/26/07 10:26 AM, "a.viewer@CNNmoney.com" a.viewer@CNNmoney.com> wrote:
Mail re: CNNMoney.com reader comment
send_to:
fsb_mail@timeinc.com
subject:
CNNMoney.com reader comment
name:
Gigi Mathews
email:
g_mat@lycos.com
url:
http://money.cnn.com/2007/09/25/smbu....fsb/index.htm
detail:
Eilene,
Thank you for addressing skilled workers shortage in your article "Wanted :
Foreign Workers". However the rally held in Washington DC is by Legal Skilled Immigrant Workers ( not mostly legal) to address the delay in securing a Permanent Residency through employment. Majority of the workers are waiting for atleast 6-8 years in the same job on temporary visas, not availing the job progression which their education, skills and experience would otherwise offer on the permanent visa.
Appreciate your effort in drawing the attention to one of major issues a vast
majority of the American business is now facing.
Kind Regards
Gigi Mathews
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
On 9/26/07 10:26 AM, "a.viewer@CNNmoney.com" a.viewer@CNNmoney.com> wrote:
Mail re: CNNMoney.com reader comment
send_to:
fsb_mail@timeinc.com
subject:
CNNMoney.com reader comment
name:
Gigi Mathews
email:
g_mat@lycos.com
url:
http://money.cnn.com/2007/09/25/smbu....fsb/index.htm
detail:
Eilene,
Thank you for addressing skilled workers shortage in your article "Wanted :
Foreign Workers". However the rally held in Washington DC is by Legal Skilled Immigrant Workers ( not mostly legal) to address the delay in securing a Permanent Residency through employment. Majority of the workers are waiting for atleast 6-8 years in the same job on temporary visas, not availing the job progression which their education, skills and experience would otherwise offer on the permanent visa.
Appreciate your effort in drawing the attention to one of major issues a vast
majority of the American business is now facing.
Kind Regards
Gigi Mathews
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amitjoey
07-03 04:15 PM
I understand your concern, it could be a waste of time and might not get us relief, but look, we have been trying to raise awareness and get media attention. And this law-suit will definately get us attention and open up debate about legal-immigrants.
Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
more...
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hazishak
07-24 10:02 AM
My wife's H4 is pending. I applied AOS for both of US. Her OPT expired on 7/11. How long can she be in status until she gets H4?pls advise me!!!!!!!!!
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gimme_GC2006
07-30 12:10 PM
ok..so how come this is related to Immigration ???
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bazuka6
11-21 11:02 PM
That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.
There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years
There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years
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f16mav
03-18 08:35 AM
I can donate about 30K Continental miles. Please let me know the procedure.
Thanks,
Thanks,
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chintu25
09-10 10:45 AM
You can view the proceeding live at
http://judiciary.house.gov/hearings/calendar.html
http://judiciary.house.gov/hearings/calendar.html
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GCKaMaara
04-08 09:28 AM
I don't understand the IO calling Client part. What if (like most of us do) the person was traveling on a weekend? Is the client supposed to be on call for the IO?Besides, even if it is so, answering NO to that question implies fraud on behalf of the Client too.
IOs do call. Happened once in my company itself last month. But everything else was smooth after IOs call. The guy didn't have letter from my company about current job / employment.
IOs do call. Happened once in my company itself last month. But everything else was smooth after IOs call. The guy didn't have letter from my company about current job / employment.
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intezar2005
04-13 10:40 AM
2004 140000 155330 -15330
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511
from 2004 to 2008 visas issued are greater than quota 140000, are they recaputring old visas?
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511
from 2004 to 2008 visas issued are greater than quota 140000, are they recaputring old visas?
permfiling
02-14 01:41 AM
Canuck,
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter
Dear friends,
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.
For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.
The very same policy is used by the U.S. government to control their population:
1) Per country quotas in EB immigration cause infighting
2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda
3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control
4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese
...and the elite sit back, sip their martinis, and watch the fun.
So you have two choices before you:
1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
2) Unite as one to achieve all 3 objectives, and throw off your shackles
Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter
Dear friends,
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.
For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.
The very same policy is used by the U.S. government to control their population:
1) Per country quotas in EB immigration cause infighting
2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda
3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control
4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese
...and the elite sit back, sip their martinis, and watch the fun.
So you have two choices before you:
1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
2) Unite as one to achieve all 3 objectives, and throw off your shackles
Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King
delax
07-19 08:55 PM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
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