Friday, June 10, 2011

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  • beautifulMind
    06-13 10:04 PM
    Is this true for Consular Processing applications as well ? I thought CPs are filed at the local US consulate (Mumbai in our case). Additionally, I have a question about I-485 - CP filing and retrogression. Once we file the 485, does the CP get stuck in case there is retrogression in a few months time or is it that once we have applied the process keeps going ? Thanks in advance for the information.

    Do not go for CP. My friend did the same thing in 2005 and he was in india 2 days before his interview in the mumbai consulate and dates retrogressed and they cancelled his interview and had to come back...since he did not file for I-485 he did not get his ead and is still stuck in retrogression untill now.

    I had chosen the option of CP in my I-140 application but now i am going to file AC21 to change that to adjustment of status so i can take advantage of EAD and AP..The dates are surely going to retrogresss severly in Sept and thats not enough time to get an interview (min 3 months) in an embassy abroad..

    So do not go for CP




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  • gc_freedom
    06-27 02:19 PM
    I am also looking for the same and didn't find anything in FAQ on this and nowhere in the thread menu it has an option to start a new thread?

    Appreciate any pointer on this.

    -gc_freedom


    --------------------------------------------------------------------------------
    intheyan
    Member Join Date: Jul 2007
    Posts: 30


    Which status Am I

    --------------------------------------------------------------------------------

    Any any reply to this post would be appriciated. whould anyone please guide me how to open a new post?




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  • akhilmahajan
    10-04 11:21 AM
    To get more visibility change the title to JOIN MI STATE CHAPTER.

    Administrators please change the thread title, otherwise it wont the targetted purpose.




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  • walking_dude
    11-15 12:09 PM
    I already posted a poll about the possibility of Detroit Rally. Only 4 positives so far out of 800 IV members from Michigan.

    Everyone wants to see action. Question is - are you ready to bell the cat? Are you ready to do it?



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  • pappu
    05-17 11:21 AM
    Thank you for participating in the national phone campaign we ran for the last 2 weeks.
    We got feedback on some calls that were made and it was encouraging.

    We are now starting a campaign to contact our lawmakers and media offices.

    Please click on ImmigrationVoice.org - Advocacy -- Legislative Action Center (http://immigrationvoice.capwiz.com/immigrationvoice/home/)

    or the icons on the top of IV page to participate in the action alerts.

    This campaign is very simple.
    It will not even take 5 minutes of your time.

    Please spread the word around so that we can flood the offices with our emails. This will help in the event we are planning for next month. See IV announcement: Advocacy Days in Washington DC: 7th & 8th June - Page 3 - Immigration Voice (http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1437978)


    - Team IV




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  • akred
    03-23 08:06 PM
    Not sure what you mean by this...

    I never said I agreed with country base quotas for EB. However; lawmakers, etc. are not stupid people. We have to try to understand why they are there and why it is not being changed. We have to understand the symptoms before you can find the cure.

    Your argument is that the country quotas help limit nepotism and discrimination based on national origin. However, this is already prohibited under DOL rules if you look at form ETA-750A. Therefore, if this is happening, it means there is a failure in the labor certification system to prevent this type of discrimination. Also, nepotism is not all bad as the Clintons and Bushes have been demonstrating :D.

    The country quota owes its origin and sustenance to deep national insecurities around race. It will change eventually as the makeup of the nation changes over time. In the short term we will see movement as the UK bumps up against the 7% limit.



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  • H4_losing_hope
    02-29 03:34 PM
    Sent my letters...

    Cheers and great username too! :)




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  • transfer
    06-01 02:31 PM
    Hi
    I may be layed off from Company A in a weeks time. They will immediately revoke the visa. If company B applied for my H1 B transfer an few days before this happens, what will happen to my status.

    Please reply immediately since this is urgent.

    Thanks



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  • gcdreamer05
    06-25 11:50 AM
    I called Rep. Lamar Smith and requested his support for the 3 bills, the lady asked my zip and name and told me she will pass on the message.




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  • mundada
    01-12 04:53 PM
    Here is the history of derivative acts under 14th amendment related to employement:

    14th Amendment of the United States Constitution: guarantees due process and equal protection under the laws.

    The Civil Rights Act of 1866, Section 1981: covers race-based discrimination by employers. Individuals may sue to assert their rights under this Act; which, unlike Title VII, has no limitation on back-pay liability.

    The Civil rights Act of 1871, Section 1983: provides persons who believe they have been deprived of rights, privileges or immunities secured by the Constitution and laws to redress and holds those responsible for the deprivation liable to the person injured.

    Equal Pay Act of 1963: forbids pay differentials based on sex. It covers all employees who come under the Fair Labor Standards Act, plus executive, administrative, professional employees and outside sales people. Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.

    Title VII of the 1964 Civil Rights Act: bans discrimination in employment because of race, color, religion, sex, or national origin. It covers all terms and conditions of employment; and, it holds employers responsible for any discrimination that goes on within the employer's organization. Title VII is administered by the EEOC and covers employers with 15 or more employees.
    Age Discrimination in Employment Act (ADEA): bans employment discrimination because of age against anyone 40 years of age and older, (also know as ADEA). Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.

    Executive Order 11246: requires Federal contractors to include a nondiscrimination clause in all contracts and subcontracts in excess of $110.000 and all construction projects financed, even in part, with Federal funds. Revised Order No. 4 requires a written affirmative action program from contractors with 50 or more employees and contracts of $50,000 or more. This order is enforced by the U.S. Department of Labor.

    Rehabilitation Act of 1973: Section 503 requires employers with government contracts and subcontracts of $2,500 or more to take affirmative action for qualified handicapped individuals. The regulations implementing the Act require "reasonable accommodation" to the physical and mental limitations of handicapped employees and applicants. Section 504 covers the employment practices of all recipients of Federal financial assistance, a broad spectrum of agencies and institutions from private employers operating under a Federal grant, to public schools, colleges and universities. Both Sections 503 and 504 are enforced by the OFCCP.

    Pregnancy Discrimination Act: amends Title VII and states that employment discrimination based on pregnancy, childbirth, and related medical conditions is prohibited under Title VII. According to EEOC, the amendment, which affects those employers under the jurisdiction of Title VII, requires that "persons affected by pregnancy, childbirth, and related medical conditions be treated the same as persons affected by other temporary disabilities."

    South Carolina Human Affairs Law: prohibits discrimination based on race, religion, color, age, sex, disability and national origin.

    Americans With Disabilities Act of 1990 (ADA): gives protections to qualified individuals with disabilities that are like those provided under Title VII. It also guarantees equal opportunity in employment, public accommodations, transportation, state/local government services and telecommunication. ADA is enforced by EEOC.

    1991 Civl Rights Act of 1991: allows employees to seek compensatory and punitive damages and for trial-by-jury. (this amends Title VII.)

    =====

    Now the way I interpret it, the requirement to not discriminate based on place of birth is protected by constitution under 14th amendment.

    The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the proposition that "all men are created equal" by empowering the judiciary to enforce that principle against the states.

    Furthermore, the precedent rulings related to The Civil Rights Act of 1964 indicate how strictly this is interpreted and enforced. For example, in 1974, the Supreme Court ruled that the San Francisco school district was violating non-English speaking students' rights under the 1964 act by placing them in regular classes rather than providing some sort of accommodation for them.

    I therefore believe there is a good chance at the Supreme Court ruling that because of long wait times of more than 3 years for a Green Card plus requirement of same or similar job during that long wait until the green card is received plus country quota affecting people born only in few countries leads to disadvantage for people of these few countries at work.

    And yes, even I took law course and gave a seminar during my MBA. But even you would concur that this course at best is basic and does not make a person authority of the US legal system.

    Finally, forget me or you, even a lawyer cannot say for sure what the final ruling will be in any case. And hence the best a person can do is give an educated opinion. In addition by human nature, the way I would interpret laws would be to my advantage while the way you would interpret them would be to your advantage. And hence I can understand your biases (and mine as well) because in case the country quota is found illegal by the US Supreme Court, it is the ROW that is going to be affected the most.



    Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.



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  • bondgoli007
    12-10 07:10 PM
    With all due respect oldmonk the point of the thread was to get people more involved and work towards the greater good in our movement...

    Not to dismiss your thoughts on this thread but lets move on and use your experience in guiding newer folks on this site in better helping our common cause.

    We have seen a tremendous response to the Omnibus drive and with a collective effort we should be in a position to help the EB immigration situation.




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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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  • rainy
    05-29 07:36 AM
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  • sanan
    06-14 08:53 AM
    Yes they do!
    I have the same question - Do dependent spouses get EAD even if dates retrogress after applying for I-485?



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  • pappu
    04-28 11:19 PM
    Contributed through paypal and Receipt ID: 5WU062607T926773U

    Total amount: $100.00 USD

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  • gonecrazyonh4
    03-16 12:43 PM
    I wonder why nobody takes up the cause for H4 visa holders who are mostly women and who becomes completely dependant on their husbands once they enter this country .With retrogression and the endless wait for GC it means losing all the skill sets that you have and all the opportunites that come along just because you donot have a EAD card. Worst of all nobody who speaks so much about womens emancipation seems to care.



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  • go_guy123
    02-12 11:14 AM
    It is amusing to see that there are quite a few people who want the very door closed that they used to enter. It is even more amusing to see that the fault is always someone elses. It is similar to all the people who are opposed to immigration because it is someone elses fault that they are losing their job. Down right funny :p.

    We need to focus on solving our problems without blaming others for our problems. Because once we go down that lane, we are no better than anyone from NumbersUSA or any other organization/ people who are against immigration. It is OK if we do not support increasing H1B - but saying that the H1B program needs to shutdown is not correct. I am sure that one can reason in the same breath that the EB3 category needs to be eliminated so that retrogression can truely be eliminated :eek:

    I am proposing that it is better to completely eleminate EB3 than
    having some kind of false promise of GC.
    I know lots of IT guys from India fall for the Green card promise form employers even now (they say I applied and I should get in 2 years or so..
    what should I say to those people)

    By the way I am not "really" asking for H1B to be shut down. I am saying H1B
    in its current form should be shut down. Obviously when the time comes
    to actually shut it down, Corp America will panic and fix the problems.
    In US, if Corp America really wants they WILL get it done.
    In a presidencial election, a canadiate needs close to 100 million.
    A senator needs around 2 million for an election.

    Congressmen need lesser money and thats why they are more listening to local population (and oppose any H1B /EB etc) and can afford to oppose Corp America.

    End 2006 when GOP Congress was trying to pass a rule
    making illegal a felony and also a fine 50000$ per illigeal worker employer
    employed it was the american chamber of commerce that took out the
    big guns and ofcourse their surrogates/supporters orgaised those
    Marches in April 2006.

    However if GOP were to truly pander to their base they would have passed
    that ( anyway illegals dont vote much)




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  • casinoroyale
    03-14 01:50 PM
    Can we port PD from EB3 with Employer-A to EB2 with Employer-B if I-140 gets approved with Employer-A?




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  • prince_charming
    09-17 09:06 PM
    Exactly the point that leads me to believe this:

    ARE THEY SENDING EVERYTHING TO THE OLD LAWYER???

    If they never updated the lawyer info....(AC21 papers being lost is not unusual at all, it happens commonly, as there is no set form for it, mail room does not know what to do with it and so it gets misplaced). However, even if they did not have AC21 info, they would have sent an RFE or at least NOID. All these could be LOST if they went to OLD attorney.

    So Infopass is a good idea. To at least get this info and also to get the actual denial notice which may have to to the old attorney as well (to see on what grounds they denied it so you can file MTR accordingly).

    Of course, a good attorney is a must.

    All in all, I think, it should be ok at the end of the day (just a painful waiting period full of uncertainty) unless they revoked it based on some misrepresentation.

    Good Luck.

    I tried to get the denial reason but InfoPass doesn't seem to have that information or doesn't wanted to provide me because it;s denied on 12th they wanted me to wait for 2-3 days more for denial notice.




    njdude26
    07-10 11:03 AM
    is this for eb3 with no masters as well ?




    Libra
    09-19 08:05 PM
    andy.......relax man.......they means senators who representing illegals not illegal immigrants.....chill out man.......no offence but you always say something -ve, dont know why

    If we support DREAM act, they will support SKIL bill.

    Who are they?, they do not have any voice or vote anywhere. They are ILLEGAL, they broke the law.



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