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Hello BRIT_GS

Was your I-140 applied in Premium Processing?

This method of collecting funds to get to a target and execute a pre-planned POA is great! I like this method, where we commit to funds and when we know, we have enough, we pull the trigger. But we need to have a plan and estimate the costs of that plan. This is a great way to go about, i think.

Akhil,
I will mail $21.00 Cheque today itself.

As soon as 5K has been collected, I will contribute another $50.00

GCCovet.

Take part in something positive and help IV help you. Join the advocacy efforts - Register (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)

DC is the right place even on a weekend also just protesting infront of the uscis office will get media attention .....we should plan for this.i know less than 1000 people will be a failure ..can we try to get the mood of the IV for this kind of event ...

I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.

I respect your opinion.

There is no indication that "Republicans" are taking a hit by not passing the bill. In fact, if you go to Congress.org you will polls there showing that Americans prefer no bill instead of "a bad bill". By bad bill they mean, the amnesty one, CIR.

Folks, what we need to remember is that this country is still a democracy. When you see AILA - which is a reliable source in this case - reporting that 400:1 calls are being placed against CIR, that is a serious business. Looking at results of recent elections, you can tell that there is increasing indication that voters are paying attention to candidates which are strong in immigration records. Sen. Bilbray (R) recently won the election in spite of Republicans poor performance. In my state, Maria Cantwell (D) is showing no gaps against an incumbent, who happens to be Republican. In Utah, Sen. Cannon (R) but pro CIR is fighting very hard against an incumbent. Election results for this will be known tomorrow, but the fact that he is fighting is the indication one needs to believe that representatives fighting against CIR/amnesty are looking good, regardless which party the individual is in. CIR is known mainly is an amnesty bill. Therefore not passing CIR seems to be perceived by voters as a good thing. Also, there are already many laws that if executed, could aleviate the flow of illegal immigration and provide some security to the border until the House gathers enough support to pass a more enforcement only bill. Personally I have hopes that IF the House proposals prevail after the elections in November, then it is when we could see a kind of Cornyn/Kyl bill passed ?

Now you say, how can the above post help our cause ?
I think we need to start by having a clear picture of what's going on. If we continue this route of expecting that a bill with amnesty provisions on it will save us, you many need to be prepared for a long wait to see that happening. If it is true that our lobbying efforts are useless and have no chances to leverage a bill of our own cause, so darn, I will just pray, watch, give no donations and wait in a very passive way and see what happens.

IV has done a great job by making all the contact information with the lobbying group, now we need to engage them to lobby for our bill only. If that's not possible, then I think there is no major reason to donate or take action on this anymore. Just wait and let the big guys (AILA, Catholic Curch, Laraza) battle for CIR and see what happens.


I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.

It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.

Agreed. better might have been,

"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."

just my two cents.

These changes won't make much difference. Still the email is a very commendable job. Thanks!

I know one of us got it. Any one else ?

Yes, All of my checks got cashed today and i got all the reciepts in mail. RD is 06/01 and ND is 06/06 from Nebraska.

desi3933,

Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).


"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --

The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.

Thanks for your reply.

H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

Now, coming back to your quote
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.

Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.


Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



_______________________
Not a legal advice.
US citizen of Indian origin

The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.

The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us

In one way we should be happy that the USCIS is cleaning its internal backlog,

Please go back .Why wait for the change in law .No one is stopping you . Dont discourage

Yes.

We have thousands here. We take just 1000 people and if everyone contributes 100 dollars - its 100,000 dollars. Just an estimate for lawyer fees incase we get that far

We are from BHARAT. Its a loaded statement. WE dont lose.

TOGETHER WE STAND, TOGETHER WE STAND my brothers and sisters.

It sounds easy..but funding drives are not always easy when reality strikes...how about starting a spreadsheet with names and ph# of people who are willing to contribute $100 for this lawsuit. As soon as we have the 1000th name, we start depositing money to a bank account. 100 grand is not small amount and I am sure we can find a good enough lawyer to start a lawsuit for that kind of money.

I and my wife are ready with our 100 bucks each.....and can help with maintaing the spreadsheet etc.... how do we get those 1000 names now....or do we even have support of 1000 people around here...that is the biggest question.

I 've sent pm.. please update the google doc.

I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.

But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.


You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.

+1, plus friends

I would ask the same question...

If EB3 and EB2 are equal( unbiased) in eyes of IV, then why sanhari's suggestion is not welcome?

I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.

Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?

Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.

I anticipate and welcome reds, greens, blues for this post :)

It is true that country quota is a discrimination. But when you just try to remove the country quota other country persons are going to oppose as they will be impacted if country quota is removed. But if you try with other agenda like recapture then opposition may not be strong and also every one will get benefit.

QUOTE=hindu_king;339926]Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


Subject: Discrimination of Indian Immigrants

Dear President Obama,

I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

Thank you President Obama and you are doing a wonderful job!

Sincerely,
Xxxxx xxxxx[/QUOTE]

Hi

I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

And if the H1 goes dorment then what can be done next?

Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.

Dividing IV on the Lines on EB2 or EB3 or on basis of ROW/India is something i just dont like. United we stand !!!!!! .

I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples

Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.

Here is what I propose:

1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth

[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.

Thanks a lot everyone.

Grand Total - $1845

Come on folks lets help IV, to get things done for US.

IV is I/WE.

GO IV GO. TOGETHER WE CAN.

What we need is a interim EB bill.


The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.

1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).

Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.