Saturday, June 11, 2011

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  • adhantari
    08-05 02:28 PM
    expertise are..... mind you there are not that many jobs available. Now people will argue this isn't the case..... but I have seen many many people just hanging around doing Gas station, security, truck driver jobs to get to citizenship and then come back to US.... Beware....

    Canada Immigration Discussion Forum (http://www.immigration.ca/discussion2/)




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  • factoryman
    02-13 01:28 PM
    Becoming aware of what is holding back is what I am trying to achieve. When you have such awareness, you also have the ability to change.

    The proof of the pudding is in eating. I beleive we have stopped HLGs and others from stealing unused EB3 visas exclusively for one retrogressed category.




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  • BharatPremi
    11-27 05:33 PM
    [QUOTE=h1techSlave;198940]
    I bet they have only issued around 120,000 EB visas in the year 2006 (Oct 2005 - Sept 2006), even though the quota is around 250,000. (140,000 direct + 100,000 from family other category).QUOTE]

    Slave,

    EB = Employment Base and so family category is not considred as "EB" category.




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  • chitta123
    02-08 03:31 PM
    I am in a lot of stress. Please help out if possible.

    Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

    If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?

    Gurus please help. I will be grateful.

    Thanks



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  • jsb
    01-28 03:41 PM
    We are Canadians too. IRS ruling is that if even a single person on your tax does not have a SSN, no one gets any stimulus money. Seems too weird, but that's what they say. For paying taxes, we are considered "US Persons", and should pay taxes not only on US income, but on World income (even on RRSP income within the plan unless you make a special filing to get exemption).


    We are Canadian and on a visa, our son is an American citizen and we also cannot get the stimulus, not even our son's $300 which is wrong!

    People do not care about the immigration problems because most do not know about them or understand them. It is a very unjust system that encourages illegal immigration and discourages allowing educated, upstanding people from coming here.




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  • Suva
    05-18 08:18 PM
    I have also forwarded this to 6 of my friends.



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  • satishku_2000
    06-09 04:48 AM
    I am not sure how MBPS is better than the system we have now . At least in the present system every one in each category gets their turn .


    With the new point system A person from india may not get green card even if one has 100 points and a person from Bangladesh may get green card if that person has 50 points. On top of that in new system application gets trashed if one does not get his GC in the year he or she applied.

    Any given year there would be more than 38500 people who could get close to 100 points from india whether they are employable or not ...

    If country based caps are removed then I would agree that its true merit based system or MBS otherwise its just another BS...




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  • GCcomesoon
    10-10 11:59 AM
    Hi

    My experience with RK's office has been good so far.They are prompt in replying any urgent calls & emails. The parallegals & the attorneys are both very knowledgable & cooperative.

    Thanks
    GCcomesoon



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  • perm2gc
    12-01 07:15 PM
    Can we organize a hunger strike in front of CAPITOL HILL ,just for one day ?
    IV can co-ordinate the event. It will give BIG media attention in DC. It will open the eyes of American people !
    Are you kidding.???




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  • uma001
    05-20 09:23 PM
    I got this message from senator Mark R Warner

    Thank you for contacting me regarding our nation's immigration system. I appreciate the benefit of your views on this important issue.

    Our current immigration system is broken, which is why I believe Congress should work to pass bipartisan, comprehensive immigration reform. Comprehensive immigration reform should include policies to secure our nation's borders, curb future illegal immigration, establish an effective employer verification system and find a practical solution for the millions of illegal immigrants currently residing in the U.S.

    I do not believe that illegal immigrants should gain an unfair advantage from their actions. Any effort to earn legal status must include paying back taxes, a fine or penalty and taking steps to learn English. Reform should also not penalize those individuals who have followed the law and are here legally.

    On April 23, 2010, Arizona Governor Jan Brewer signed into law Arizona State Bill 1070, which grants broad powers to local law enforcement officials to determine and request proof of legal status of anyone suspected of violating federal immigration laws. The enactment of this new law is yet another sign that the federal government needs to act to fix our broken immigration system rather than allowing for a state-by-state patchwork of laws and ordinances. I also believe Arizona's law raises civil rights concerns, fails to recognize the economic contributions of legal immigrant workers, and harms our nation's ability to attract entrepreneurs from around the world who create jobs here in the United States.

    Our nation faces many tough challenges. Immigration reform is a complicated and difficult issue but the current system is not working. We must put our differences aside to create a better system. Again, thank you for writing. As we move forward in the 111th Congress, please continue to contact me with your opinions and concerns.



    Sincerely,
    MARK R. WARNER
    United States Senator



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  • sundevil
    06-20 10:40 AM
    That is true!
    As for fee increases big companies do not really get hurt, if they need someone and it costs 5K, in their grand scheme of things its not a big number.
    Also I am not sure why people assume Big tech Companies want only H1Bs, thats not true, I have had interactions with various levels where they hate having to go through all these attorneys every H1B renewal and ambiguity about their employees traveling. Ideally they would like to get their employees a GC right after they go through PERM. My group had to withdraw 2 offers for Master's students because they won't be able to get H1b till Oct'2008, and we were not looking for just H1B/F-1 employees, but any fresh Grads.

    As for GC numbers, H1B cap of 65K was somewhat of a sweet spot for 140K available. Considering not 100% of H1B's apply, but there are other non H1B EB GC applications. So if we club all these and still keep the number to approx 65K and add dependent factor, this 65K*2.X translates close to 140K. Now increase these to 115K and keep the numbers at 140K and no spill overs from ROW for the Point System. Viola!! We have log jam worse than LA freeways, only now some of the cars will never get to their destination.

    With lot of consulting people applying for EAD's and getting GCs, they will not be willing to part their hard earned $s. Not implementing H1 restrictions will give a chance to get fresh meat for these blood sucking so called consulting companies, only this time it could be bonded slaves with GCs not in sight.

    Ideally we would like to have all these consultant needing companies start hiring permanent employees and put most of the ill intentioned body shoppers out of business. But with this bill these BS(Body shop) Co will find some loop hole(and trust me, Find it they will) and get lifetime slaves through H1B and suck half their earnings rest of the poor souls life. We are scared of the wrong thing, H1B restrictions, instead of worrying about how trapped and helpless thousands of people will be in clutches of these companies. I would rather these people enjoy the freedom and prosperity of India and China, than living uncertain life here and feeding the Leaches of the system.

    And everyone is wondering why they are not fighting these H1 restrictions. They wont, this bill is great for them. Its not their 5K for H1, and it comes with hand-cuffs and shackles.

    There, I poured my passions out about this issue. Phew :rolleyes:



    You will be surprised that even with the restrictions H1b cap will be reached but not in one day or one month but within an year as demand will be there. These restrictions will impact only Indian bodyshoppers who are running just by H1b. Though H1b will be costly if CIR in the same form is passed but Most of good companies will overcome. So if you want to relative number of gc then you need to increase Gc by atleast 50 to 100% from current level.




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

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



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  • walking_dude
    10-15 05:45 PM
    Michigan, find your Immigration Voice on 10/20. For when, where and what, look below!




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  • senthil1
    07-04 03:36 PM
    Basically H1 is done for LCA which is to make sure that American worker is not is replaced for for the purpose of low wages. Such an attestation is not there in H4. They cannot deny the H4 unless documents are not clear. But H1 they can deny for other reasons. Basically to make H4 not able to work is also a kind of protection for american workers. But it is strange that l2 people can work but H4 cannot work. One cannot fight every law because more provision we ask more delay will be there. IF Skil bill is passed in current form most of people will get gc within 1 or 2 years.



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  • sguntaka
    05-23 10:23 PM
    Transaction ID: 9DR46290LH3397435

    Donation to Support Immigration Voice $200.00 USD

    I started with phone campaign (inspired by an IV member and made many of my friends to make calls)
    I will make atleast some of my friends to contribute for this cause.




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  • thomachan72
    07-21 08:54 AM
    I really can understand how you and the thousands like you feel. Let me however point out something. All those who got to file the 485 now have just put their name in the que. When you join the que by filing 485 you will move much ahead of most. Having said this, I still feel that this is not a proper way that USCiS should be handling cases and we should send a strong message that when there are cases to be dealt with they shouldn't be ignored and over run. I am not affected by this situation and am neither a beneficiary of this July bulletin, but very very strongly support your point. Please consult with IV leaders and get their opinion on this issue. They have been fighting for all our issues and I am sure they will have a plan of action to deal with this too. Wishing you all the best and hoping all our members support you. ONLY A CRYING BABY GETS MILK. thats how this world works.



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  • DoubleN
    03-10 04:19 PM
    My friend told by attorney that grace period is 270 days after H1B cancelled by employer. he can find the another employer / job during that period.

    Not sure!! but cross check with USCIS




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  • prince_charming
    12-19 07:34 PM
    Hi guys,

    Thanks for your help guys.

    My MTR has been approved after 70 days and I-485 has been reopened. Though online status has not been changed yet but attorney received an MTR approval notices.

    Ram, have u seen any online updates?

    Thanks,
    Prince




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  • nat23
    09-25 01:25 PM
    My company started the PERM process for me about 2.5 months ago. I contacted Fragomen about 1.5 months after approvals within the company and they said they are working on establishing min requirements for the position. I then contacted them 3 weeks after that day and they said they have established the requirement and will request the DOL for prevailing wage info (this was 2 weeks ago). After which they are going to start the recruitment process. So I'm not sure if the time line is okay or should I be chasing them more frequently? Please advise.

    Regards
    Nat




    dish
    03-17 03:38 PM
    The reason H4's are ignored, is that 90% of them are woman. Most H1b Contractors come from third world countries. And most men would like to see their wives as housewives only. Also woman are less aware of socio-political issues. When they understand, they can't work on H4 visa, they just accept it as their fate. they never ask for more .

    Unless the women on H4 starts to speak up and spread the awareness of H4 issues, getting work permit for H4 will always remain a dream. even though few woman activists are trying to lobby for it. We have educate the Congressmen that Woman on H4 needs to have Work authorization. It is not a privilege. It should be a right. I think ImmigrationVoice should put H4 Work Authorization in their agenda.




    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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