Saturday, June 11, 2011

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  • 99mutd08
    05-21 06:44 PM
    Contributing 100 more..Thanks..Lets' go guys..




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  • MDix
    02-25 11:15 AM
    We need to start pushing this through AILA.

    Thanks'
    MDix




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  • chanduv23
    02-28 04:38 PM
    I went through layoff and got the same response from my lawyer. The day you are not working, you are technically out of status. But I found a job in few weeks the gap between the h1b transfer is May 26th to July 1st. It was technically more than a month.
    But these are done on a case to case basis, at times based on your good standing, and skills.
    So though I was given 2 weeks pay in lieu of notice (as I was fired without notice), all my accrued vacation (2 weeeks) and 2 months of severance pay, lawyer told me I cannot count that as period of extended pay after layoff. So, I definitely walked a tight rope here.




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  • mkelekar
    07-20 10:50 AM
    can i file spouse 485 (mine filed separately by lawyer) using my approved 140 notice. will there be a problem? please help.



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  • JazzByTheBay
    09-21 08:08 PM
    Indebted to our employers for anything or in any form. We work and get paid for it - it's an even exchange, imo.

    How long will it take them to lay you off tomorrow morning (or Monday morning or on X'mas/Diwali eve for that matter) if they didn't need you?

    And vacation time, if part of the employment package, is a legal obligation of the employer - you can hold their feet to the fire for that and if you end up not taking any vacation you are entitled to compensation for the extra time worked when you leave.

    These are the lines of thought that should prompt one to join IV and be involved with it .

    jazz

    Having time off with my boss is traumatic to say the least. I am entitled to seven weeks vacation a year and barely get three most of the time. Even when I am off I get phone calls and have to leave contact numbers, that includes when I am with my parents in England.

    Can you imagine asking for two days off to go to an immigration rally that just reminds him that I will be out of his employment jail some time in the not too distant future I hope.

    My green card process is in its sixth year. Look forward to shaking off my shackles and moving on with life. Glad to say my husband now has an EAD so at least he is free to work and join the human race again.

    I am sure many people are in this sort of situation since we are indebted to our employers which is one of the things we would like to change.




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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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  • LostInGCProcess
    08-20 07:47 PM
    Hi All,

    I applied for my daughter's PIO card and sent all the documents as mentioned in the instructions sheet of the embassy website along with the self addressed stamped envelope. I heard from my other friends that even after you send everything in order, the embassy people would call and say that they did not receive the self addressed stamped envelop. It happened to three of my friends. I am the 4th one. They called today to tell that I did not send the envelope.

    The funny part that happened with my friends is that, they all sent $20 and the package came in the very envelope they sent in the first place, that the embassy said they didn't receive.

    Did anybody of you also had the same kind of experience or similar incident. If so, please do share.

    Why are they doing like that? Do they really think we would do like that, trying to save on an self addressed envelope? It really bothered me for the fact that the lady from the consulate was utterly rude when talking. I am amazed how in the world, The Indian Government is still hiring such people? Of more then a billion population, is that the best person the government of India could find for that customer service post? Its a shame and I am ashamed that such dic*heads working and representing India?

    Coming back to the issue...she said sternly, send $20.00 or send envelope stamped otherwise the application would not be processed.

    Folks, please let me know where I can complain about this careless attitude of this monster woman. What steps can I take to make sure they don't do that again? I live in TN and I can't fly/drive to Washington DC. The questions is not about the money, but the way they are operating without any ethics is deplorable.

    Hoping to hear all your valuable suggestions.

    Thank you.




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  • singhsa3
    07-14 03:43 PM
    Personally I think there are no more than 8000 applications left. How I arrived at this number..
    Total EB1+EB2 visas = 80,000
    Per Quarter allocation= 20,000
    Discount factor for dependants = 2.5
    Application Left = 20,000/2.5 = 8,000

    So the question is how many application are left before Jun'06?



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  • ssingh92
    06-12 06:42 PM
    First - EB2s stop replying posts that were written in frustration and you understand why, They will not affect and take away your GC. Since you are not frustrated you have to start first.

    Second - EB3s - Frustration will never bring you anything and you can not move PD faster. Instead capatialize the situation that EB2s are getting GC. How you have to think and focus.

    I can give my example. I made network of some who got GC and have some influence in recruiting. After working 9 years for a big Pharma and got layed off, My one buddy got GC long back in EB2 , helped me and received job through him though I have to drive 220miles everyday.

    Am I frustrated yes!! More than anybody else here but has to calm down and think positivily.

    Hope my post will help you to reduce some frustration.




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  • skillet
    05-17 08:14 PM
    Done



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  • Jaime
    09-10 04:07 PM
    This is the time to act! Let's go! Change your mind and come to the rally! We have funds for you! We will be telling Congress about the abuse that we undergo! Come join us!!! All immigration layer firms support this, you won't get into trouble, we will help you with funds, you will be able to speak up! IT IS THE RIGHT THING TO DO!!! WHAT IS HOLDING YOU BACK? LET'S GO TOGETHER!!!!!!!!!!!




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  • kumar1
    09-25 01:33 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

    Get a desi lawyer, get a desi employer....life is beautiful !



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  • kris04
    08-20 09:29 PM
    Hi All,

    I applied for my daughter's PIO card and sent all the documents as mentioned in the instructions sheet of the embassy website along with the self addressed stamped envelope. I heard from my other friends that even after you send everything in order, the embassy people would call and say that they did not receive the self addressed stamped envelop. It happened to three of my friends. I am the 4th one. They called today to tell that I did not send the envelope.

    The funny part that happened with my friends is that, they all sent $20 and the package came in the very envelope they sent in the first place, that the embassy said they didn't receive.

    Did anybody of you also had the same kind of experience or similar incident. If so, please do share.

    Why are they doing like that? Do they really think we would do like that, trying to save on an self addressed envelope? It really bothered me for the fact that the lady from the consulate was utterly rude when talking. I am amazed how in the world, The Indian Government is still hiring such people? Of more then a billion population, is that the best person the government of India could find for that customer service post? Its a shame and I am ashamed that such dic*heads working and representing India?

    Coming back to the issue...she said sternly, send $20.00 or send envelope stamped otherwise the application would not be processed.

    Folks, please let me know where I can complain about this careless attitude of this monster woman. What steps can I take to make sure they don't do that again? I live in TN and I can't fly/drive to Washington DC. The questions is not about the money, but the way they are operating without any ethics is deplorable.

    Hoping to hear all your valuable suggestions.

    Thank you.

    Recently Government of India have launched a portal where you can log your greivance, here is the link Grievance Redress Mechanism in Government (http://pgportal.gov.in/) .

    Good Luck

    kris




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  • ghost
    07-03 08:18 PM
    If I'm not mistaken the bill has the provision for H1-B number increase from 65K to 115K. I'm assuming that this will be effective starting October 2007.

    There is no incentive for the congress to act quickly (in August 2006) on this during an election year. They can simply wait out on this until december. Also the below mentioned corporations can wait until October 2007. They do some early planning, unlike a number of tech staffing companies.

    So please do not be over-optimistic, only to be disappointed later. In your words, wait and watch!


    :D This bill will be passed for sure before August. You and me are not behind this. Microsoft, CISCO and Oralce are the ones indirectly calling the shots. Anti immigrant groups can just talk and shout. Money($$$) will show it in action. Wait and Watch.



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  • gc_on_demand
    06-26 08:21 AM
    bump




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  • amitjoey
    05-25 03:52 PM
    Thank you everybody that has contributed. We need to raise $50,000 in the next 15 days. That is $3334 raised every day. Now even though this looks like a big amount to raise, with a collective effort we can do this.

    Goal by end of today: $23,338
    Amount Reached: $6,300



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  • vina92
    06-08 06:56 PM
    May be we should try to lobby for a bill with one time relief of Backlog of EB retrogressed.
    I feel that once this backlog is reduced, it will be easier for future applicants anyway as H1Bs are reduced to 65000 from last few years.

    I request IV core to look into this option as the opposition from anti immigrants would be less for something like this. This has happened once before in yr 2000.

    Vina92:cool:




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  • mirage
    06-27 08:53 AM
    USCIS has become the Cash cow of the Cash strapped US govt. We are the chickens whose feathers are being skinned.
    Man...looks like they are working like crazy to get the EADs approved. My spouse's application: Recieved on 9th June, 08 and card production ordered on the 25th June, 08. 16 days...they are doing everything possible to save some money for USCIS(assuming the EAD they mailed is a 1 year one). I wonder why they even came up with the 2 year EAD when their plan is to do this.




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  • eb3_nepa
    03-08 04:10 PM
    because for people from Aus, their spouses can work.

    There is a different visa category for australians called E1, only THOSE ppl's spouses can work. If an australian is on an H1 his wife cannot work on an H4 either.

    In that case you also have to argue, why H4's cant work but L2's can? :)




    needhelp!
    02-28 11:03 AM
    I dropped the letters in my garage yesterday and thought I had picked them all up. But there were few that were hiding under the car. And this morning they came under the wheels :(

    Trying to see if they can be revived and cleaned up.




    stuckinmuck
    06-14 09:27 AM
    Please check with your lawyer but as per my understanding, your wife needs to be in 'status' to be added as a dependent on the 485. Since she is on H1B, she is already in 'status'. There is a separate thread for documents required for 485. Check there.


    Hi folks,

    My labor and 140 got approved and PD is march 05.
    After the good news, I can apply for 485, But I have
    a question. My wife she came on H4 here and then converted
    to H1B and get stamped also. Is it going to be a problem if I apply 485 for
    her ( because of H1B) and if its not a problem guide me what are the necessary documents
    for her.

    Thanks in advance
    Sai



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