Thursday, June 9, 2011

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  • ram04
    09-24 09:20 PM
    Apart from Deniel notice I also got LUD on I 140.

    Could it be related to old employer revoking I 140?
    Since I have transfered after 180 and did Ac 21 - am I covered.

    Prince - Did you get any LUD on 140 on the day you got this deniel e mail?

    Thanks
    Ram




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  • buehler
    06-08 02:05 PM
    AC 21 only allowed for recapture of unused GC numbers from before 2000. Second these boards are monitored closely by the likes of NumbersUSA and ALIPAC. So I don't think and don't wish that IV Core would disclose Plan B.




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  • razzy77
    05-10 09:44 AM
    I got laid off with a pending I-140 filed July 2006 along with I-485. I was told that as soon as those docs are filed my H1B becomes invalid. True? I still have an approved H1B receipt from another company valid thru Feb 2008. Can I still use it? Thank you.




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  • gsc999
    04-25 10:16 PM
    My contribution of $100 to the Recapture Drive. ID #9SC496742L7390206. This is in addition to $50 monthly contribution (already sent this month) and money spent to travel to DC for Phase II lobbying.

    Together we will Recapture all the wasted visas. Go IV.
    --
    Inspiring.

    g



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  • snathan
    03-20 09:41 PM
    The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.


    I hope you assume this as a new H1B not a transfer or else your post is wrong.

    Do not give misleading information. When you do the transfer the original visa is not cancelled. In fact you can have more than one H1B at the same time and work for them. For example two part time jobs for different employers. But the only catch you should always work only for the sponsoring company. If you decide not to join them at all, you can do so. But you have to maintain the status thru your current employement or another employer.

    For more information on this check the murthy.com




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  • manish_jain99
    07-18 05:32 PM
    People were very happy with the last USCIS announcement but we all forgot about pain of people who are stuck in years of backlog. Though some of those unfortunate may have used harsh or improper language, but they had all the right to express their feelings. We all talk about Gandhian philosophy, but we need to be more tolerant. Before we ask to ban anyone from our forum, please try to put yourself in their shoes.

    Our fight is far from over, we should all fight for for in-justice made to people who are trapped in the bureaucracy.



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  • hebbar77
    04-10 02:05 PM
    Chandu, you made me laugh (in a fun way, not in the making fun of you way). Hiding is done inside the closet, not behind it. Maybe lack of clothes is explainable because one is "behind" the closet :)

    On a serious note though, You provided so many ways that money is being raised by running marathons, funding drives etc etc...but come on, where on this website or anywhere else is it mentioned how this money is being spent??

    I have absolutely no right to ask that question because i have never contributed money. But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?"

    Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...Supporting the cause is NOT equal to giving IV money. The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious and so are all the personal attacks on the "freeloaders" (like myself ofcourse).

    You are on the money chanakya , good post.




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  • hydboy77
    02-13 03:37 PM
    Dear Administrator2\IV core,
    Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.

    Dear jchan,

    We are very interested in this provision. Immigration Voice has heavily invested in this measure, both, legislatively and administrative. We have consistenly advocated for this provision which we believe will curb arm twisting by bad employers, that are like few bad apples in the big basket. Such a provision will help everyone including USCIS, lawyers, genuine companies, and direct+indirect beneficiary. Its a win-win for all.

    .



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  • food2006
    06-13 08:31 PM
    Thank you everybody for their all hardwork.




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  • mshelat
    05-05 11:40 AM
    I went to SSA office today and they did not accept the application. I had all the necessary paperwork such as SSA guidenace on Non-Work Purpose SSN, Letter from IRS (one that every taxpayer got informing about Economic Stumulus Package) and FAQ regarding Basic Eligibility and ITIN for Economic Stimulus Pakcage from IRS website.

    They simply refused to accept the application. This is unacceptable as I do not think lawmakers envisaged such a situation when they announced plans for Economic Stimulus Package.



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  • pappu
    11-15 06:04 PM
    Today there are threads filled with tons of ideas and not even 500 dollars in total contributions that we asked yesterday. Now please decide how we can bring a major change and get greencards for everyone in less than 500 dollars.




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  • Jaime
    09-21 11:14 PM
    I am not indian, I am chinese, and I attended the rally in DC. I am so touched by you brave indian people. while I feel such a shame that we only had much less chinese there. part of the reason is that IV is originally indian club. we got the message but kind of lack the close organization.

    anyway, I am also thinking about another rally.

    1, it has to be on weekends, so everyone can come

    2. it should be in multiple cities, from coast to coast, all major cities.
    DC. NYC, chicago, LA, SF, houston, boston. reserach triangle, seattle etc, where professional immigrants lives most.

    3. we need to make sure everyone will come, need good personal organization, not just voluntarily, we need personal contact, conversation, meetings ahead, level by level, to build a good "relationship" with each other.
    yes, this is the hard part.

    4. we really need to study the illegal immigrant rally last time, how successful they were !!!!

    5. honestly, we didn't get much media coverage. shame ! nothing on TV, newspaper frontpage. but--- if we have a huge rally, everyone will have to cover us, pay attention to us. it all depends on us.


    Love you guys

    we should hurry up

    Dear Elle, 谢谢! for coming and 我们来自许多国家不仅印度! :) For example, I am from Europe/Mexico (long story lol) We need to bring in more of our Chinese friends! What do you suggest? What Chinese organizations can we contact to join with us ad how to we best reach out to our existing Chinese IV members?



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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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  • needhelp!
    06-23 03:17 PM
    paskal.. It is in the works. We have some enthusiastic members from Austin who have taken this up already.

    the 21st district appaers to include san antonio and austin
    any hope of someone going to the office for a meeting?



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  • mirage
    06-26 01:03 PM
    I think it is very simple to understand. It clearly says it's free for people who filed their adjust of status application (I-485) under new file structure. Since we(most of us) filed under old file structure, we'll always be paying $340. Point numbers no. 5. is about AOS application and not about EAD appl.

    Yes , its Free :D Anyway - lets talk with a 3rd person (maybe USCIS) and confirm. Its Free, if you read the EAD forms its clearly written that once some one pays $340 ( not other amount) it becomes FREE for ever. I just checked the EAD forms again before writing this post - let me PASTE from EAD forms if that clear the confusion.

    Renewal EAD: If this is a renewal application and you
    applying under one of the following categories, a filing fee
    not required:
    1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
    3. (a)(11) Deferred Enforced Departure; or
    2. (a)(10) Granted Withholding of Deportation;
    4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
    5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.




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  • jayram123
    09-20 08:41 AM
    If only we had this kind of self-inspiration and self-motivation.

    http://www.cnn.com/2007/US/law/09/20/jena.six/index.html

    Important of all, this rally does not even impact the participants directly. they are just participating to show support whereas in our case it was impacting every one of us and yet people are reluctant to participate.

    Man, wish things would change and we would stand up for OUR cause. I know I am dreaming.

    When would we learn that nothing comes to you without asking and that there are times we have to stand up for ourselves?



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  • avi101
    04-06 01:13 AM
    Let me reiterate that I am all for H4s being able to work and you guys should try unite for this cause.

    I haven't researched L1 quota and its intent so I really can't comment further with respect to that.

    Its unfortunate that legals and illegals are measured on different scales and it would be very unfair if they end up getting more benefits than us legals. I am not sure what you mean by illegal spouses? Either one is illegal or one is not.

    I wish you the best in your search and would highly recommend exploring the unpaid internship possibilites in the interim.




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  • mirage
    02-11 03:16 PM
    I agree with you 100%. As this is true, lawmakers are very well aware of our grief, but none of them is saying it. They want to oppose legals in the name of opposing illegal immigration bills. If you look at CIR in 2006. First they put legals in the bill with illegals, then they oppose illegals, ultimately the result is no legal immigartion too. Nothing is getting passed in the congress for the legal immigration. what does it tell ?

    Pappu,
    This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?




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    04-10 09:12 AM
    I know Oracle developer opening if you're interested and have 1-2 yrs of experience send me your resume.




    hara_patta_for_rico
    07-05 11:10 AM
    Just called USCIS and told her that My application was mailed on Jun 28th and it got delivered on July 02. I also told her that my PD is May 2003 (hence i'm eligible to file in June)..

    She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)

    GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY


    I dont know what all these exchanges with CS Reps is doing for others......but it is making me laugh like crazy....bet they dont have a clue about why our ass is on fire since Monday July2nd (early fireworks from USCIS for our benefit ...huh?)




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