Wednesday, June 8, 2011

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  • Rb_newsletter
    08-05 03:43 PM
    Its a known fact that the pay structure in Gulf countries are different based on the citizenship.


    I don't know about the gulf. But Singapore and other Asian countries, pay structure is different for different race and skin color. This happens even if you have GC or citizenship from US.




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  • newxyz100
    07-20 01:55 PM
    Actually you can request a duplicate H1B form..

    http://www.lexisnexis.com/practiceareas/immigration/pdfs/web606%20I-824_106%20late.pdf




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  • vandanaverdia
    09-11 12:19 PM
    ^^^ bump ^^^




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  • transpass
    07-15 04:22 PM
    Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!

    I checked with the lawyer's office regarding levels I, II, II and IV on labor certification...The thing that determines EB2 and EB3 is what is written on the approved I-140.

    For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.

    As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...



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  • delhiguy79
    07-19 08:51 PM
    ...




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  • h12gc
    09-20 08:18 PM
    Hello IV members,

    First I want to congratulate all the IV members who worked really hard to make this rally a success.Unfortunately I couldn't able to attend the rally.but I have contributed $100 for the rally.I think it is a good idea to make rallies in all the major cities on same day and show our strength.Head count matters in grabing the media attention.

    I live in sunnyvale,CA and i'm interested in meeting the local IV members in person this week end to discuss further course of action.I will put 100% efforts to give my best for this cause.

    Thanks,
    h12gc



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  • indio0617
    05-09 12:30 PM
    whattodo

    1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?

    The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers




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  • letstalklc
    03-25 06:23 PM
    So many people are porting, I dont think it will not go any where, max will be few months in this year, even we will not surprise to not even any movement.

    I know couple of my friends in EB3, almost all of them are porting, some of them got their cards too.....so no hopes....



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  • silibili
    06-01 10:33 AM
    $50 via Paypal,
    Receipt ID: 1511-6903-0099-6962




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  • minimalist
    04-10 09:58 AM
    Everybody knows exercising is good. However, it is not easy to see the results of exercising. To see the results, you may have to stop exercising and then only you will realise oh, this is what exercising helps me not become.

    If you want to sit and say, let the exercise show me the results and then I will do, well it's up to you. If you are happy the way you are , fine. But, don't knock the exercise.

    Personally, I am not desperate about GC, so I never contributed except for 2 instances. One was a 100$ thank you gift for the SSN that came with EAD that got me additional 600$ tax refund. I felt IV has atleast has something to do with the visa bulletin reversal. Some may say, it could have happened even without IV, and may be correct.

    The other time is 25$ for FOIA, where I was curious to get a clear picture of how many people are in the line before me.

    Now, eventhough I don't believe in all other activities IV is doing , I don't go around knocking them down. I am sure they are trying to do the best they can and the best that they can think of. They always have an open invitation for people to join them and get involved. No, we don't want to get involved, get our hands dirty,but we want periodic updates and continuous progress.
    Well, goodluck with that.


    For those asking for money, THERE HAS NOT BEEN A SINGLE UPDATE ON ANY PROGRESS SPECIFICALLY ACHIEVED BY IV IN THE LAST YEAR AND HALF !!!

    How can you justify this? Actually, you dont have to....There are many like me who will answer questions of panicked people about how to navigate the complex immigration system but until IV can provide some concrete proof of what specifically it is doing, how exactly it is spending the money and what roadmap of progress it hopes to achieve and whether it is on its way to achieving it....the money wells will continue to be dry.



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  • chanduv23
    10-20 10:12 PM
    how was the meet? updates, pics etc...???




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  • canadianinnyc
    02-22 01:41 PM
    Thanks. I do have my EAD. Just fearful that since I wont be at the 6 month period, I wont get to portability.
    Does US immigration check up on this stuff? If so, how? I'm thinking that the Texas processing center (where my info is being processed) is too busy working on my papers (and other folks' papers) rather than inquiring about everyone's employment status.
    Is this wishful thinking?



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  • Tito_ortiz
    12-01 11:04 AM
    Ah, ah. You just gave a very good suggestion. One of us should dress like Gandhi. That would be a peaceful way to bring attention to our cause. I can see that.

    Any thin, bald and friendly Indian fellow out there could volunteer ?

    Also, the fellow who suggested the free MATH tutoring, SAT, GMAT/GRE is a genius !! That could be a very creative and peaceful way to protest !

    Good thread !!

    There are two things we can do to fight for devil of Retrogression. Similarly Mahata Ganghi did for Independence

    1. Release stress, frustration, negativity encounter to all of us due to retrogression. Positive points are highlighed in this thread by many friends. Mahatma Gandhi also did the same to overcome enger, frustration of millions of people.

    2. Keep aggressively working on SATYAGRAH (insist for truth) to end retrogression. If nothing happen in lame duck session, I would suggest to gether at DC (may be 50-100 people) and have one day hunger opposition. One person can dress like Gandhi to attract attention of media. Send one flower and picture of Gandhi to all Congree members with just one line message and it can be repeated every week.

    This is just my thought !!! I am not sure every one like it or not. When MLK Jr inspired by Gandhi philosophy and made revolution, why can't we?




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  • Jaime
    09-04 02:55 PM
    If Jaime is the good cop, I am the bad cop :)

    Good, bad, ugly, pretty all come to the rally!



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  • willgetgc2005
    07-17 07:25 PM
    My employer did not even bother When i talked about this. They are happy with just recruiting desperate and non desperate H1bs. Many of us are addicted to the US. We will not leave despite any indignity or humiliation. You have a weakness and it will be used. Way of life.

    So let us continue to be indentured for many years. What never ceases to maze me is despite so much work by IV, big employers, faxes, emails the govt has done nothing. Seriously, there is a bigger issue here. See how they acted to get more nurses ? That is not happening here.I think all concerned are sure, EB guys will sit out even if it takes 10 more years. So , let us sit it out, bcos it seems like we aint got no place to go. Right ?




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  • jsb
    08-06 02:25 PM
    is it mean Canadian door's are closed for people who employed in IT field and do non-managerial job?
    Is there any other alternative option to apply Canadian PR after exclusion of occupation category from federal and province Skilled worker category?

    Canada has a point system. You earn points for (i) qualification in area of demand - this changes constantly, (ii) family in Canada, if any, including cousins etc (iii) age, (iv) knowledge of English/French, (v) a job offer in area of demand, (vi) money for initial support during job search, (vii) knowledge of culture, (viii) interview, etc etc. If you get passing marks (60%?) you are in.

    Others categories are marriage, investor (with a guarantee of employing certain minimum number of Canadians other than your own family), refugee etc.

    There is no country based quota. Once you become citizen (after 3 yrs), your Nationality is considered Canadian. Country of birth is never mentioned or asked for any document other than passport (even there it is optional). Govt benefit plans do not distinguish between a PR and a citizen.



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  • nath.exists
    06-14 09:49 AM
    My pd is jan 2005 and i was waiting for the dates to become current.I am not married and will most probably get married by this year end[parents in the process of searching matches].my dilemma is whether to apply for 485 now or not.can i add my wife's name later on while the 485 is in the final stages of the process[say an year after the process began] or just before the green card is being dispatched etc so that both of us can get green cards.i dont want to miss this chance because i seriously feel that the dates might retrogress again.but if i apply and get a green card u all know how many years it will take to get wife to usa in family based immigration.somebody please clear my doubt.Thank you




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  • invincibleasian
    02-08 11:13 PM
    : THIS IS COMPLETELY WRONG

    I already posted this in another thread and I will post it again:


    I am wondering when people will understand that H1B Transfer does not exist!
    Everytime you want to switch employers, a whole new H1 must be filed.
    People are always under the impression that because they already hold an H1, then it is easy to get "transferred" to another company.
    In this case, the only thing you actually "transfer" is ...yourself and nothing else. The only advantage of already having an H1 is that you don't have to worry about the quota anymore, you are exempted from it.
    Since you have to file a new case, approval can never be guaranteed and it is therefore always risky to switch employers (as soon as the new H1 is filed), without waiting for approval. Tricky stuff...
    Check this from Murthy.com:

    " Among the questions that often reach us, are those regarding H1B status and changing employers that refer to "transferring" the H1B. This term is frequently used, even by some immigration attorneys. The H1B is not actually "transferred" from one employer to another when an individual changes a job, however. We understand what people mean when they refer to an H1B transfer. We take this opportunity to explain the concept, though. This should help our readers to avoid misunderstandings as to procedure and requirements based upon the mistaken belief that the H1B is somehow transferable from one employer to the next.
    �MurthyDotCom
    When a person is on an H1B and plans to change employers, what technically is filed with the USCIS is a new H1B petition, reflecting a change in employment, generally with a request to extend H1B status. Again, with the exception of the foreign national employee, there is nothing that transfers from one employer to the other."

    I am tired of echoing the same!




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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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    04-28 10:02 AM
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    kumhyd2
    07-21 11:00 AM
    This may be useful to understand a little more about e-filing of I-140 for those of who doesn't know much because the employer/lawyer doesn't give u full information. There appears to be no e-filing for I-485. Anyway navigate thru the USCIS pages for more info.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=47f2065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD


    Instructions for Electronically Filing Form I-140

    Please note that the Premium Processing Service has been disabled within the e-Filing System for Form I-140. Please refer to the instructions for paper filing if you would like to request Premium Processing Service for Form I-140.

    Form
    I-140, E-File Immigrant Petition for Alien Worker

    If E-Filing is not the best option for you, please see the paper-based Form I-140.

    Purpose of Form
    To petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien.

    Who is Not Eligible to E-File This Form
    You are NOT eligible to E-File this form if:

    You are applying for a waiver of the filing fee.
    You are requesting that your case be expedited (does not include filing for Premium Processing)
    You are a Soviet scientist
    Who Is Eligible to E-File This Form
    Any other alien, except those listed above, may be the beneficiary of an E-Filed I-140 petition.

    Filing Fee
    $195

    Initial Evidence and Supporting Documentation Required
    See Instructions to the Paper-based Form I-140.

    If you are required to obtain a labor certification from the Department of Labor, do so prior to E-Filing Form I-140. The original Labor Certification signed by the filer and certified by the Department of Labor must be submitted with supporting documentation to the Service Center that has jurisdiction over your case. See your Confirmation Receipt Notice for the Service Center's mailing address. The required initial evidence must be received by the Service Center within seven business days of E-Filing the Form. If you do not submit the required initial evidence in the requisite time period, you will not establish a basis for eligibility, and we may deny your petition or application.

    Also see the general instructions for Submitting Supporting Documentation for an E-Filed application and/or petition. You may access those instructions from the Related Link on the right.

    Concurrent E-Filing
    E-Filed I-140 petitions can only be Concurrently E-Filed with the following applications under the following conditions:

    I-907 application: Only if the I-140 beneficiary selects Petition Type "e" - A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor degree) or a skilled worker (requiring at least two years of specialized training or experience) in Part 2. For all other petition types, the e-Filed Form I-140 is not available for premium processing.
    When E-Filing an I-907 concurrently with an I-140, the 15-day Premium Processing guarantee will not begin until the supporting documentation for the I-140 is received at the Service Center that has jurisdiction over the I-140.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.


    Supporting documentation

    Submitting Supporting Documentation

    Supporting documentation is the initial evidence that is required as proof of identification and as justification of eligibility for a benefit. These documents are required for USCIS to make a decision on your application. Examples of supporting documentation include copies of birth certificates, marriage licenses, Permanent Resident Cards, etc.

    Check the instructions for the form you are E-Filing to determine what supporting documentation, if any, is required.



    Instructions for Submitting Supporting Documentation for E-Filed Applications Only

    Review the instructions for your E-Filed form to determine what supporting documentation is required.


    Please Note: If you E-File Form I-90, you must submit all required initial evidence and supporting documentation at the time of your in-person appearance at your local ASC. Please see the Form-Specific Instructions for E-Filing I-90.

    Gather your supporting documentation for your E-Filed application.
    Originals and Copies. In almost all cases, submit a photocopy of your supporting document to the USCIS. For more information, see How Do I Know If I Need Original Documents? If form instructions state that a copy of a document may be filed with an application, and you choose to send USCIS the original, USCIS may keep that original for our records.
    Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.

    Print a copy of your Confirmation Receipt notice and attach it as a cover page (or first page) to your supporting documentation package.
    DO NOT include a copy of your E-Filed application with your supporting documentation.
    If you E-Filed several applications concurrently (see E-Filing Forms Concurrently), you will have a Confirmation Receipt notice for each application submitted.
    Include the Confirmation Receipt notice(s) as the first page of the supporting documentation for each application.
    DO NOT include any paper-based applications or fees with your supporting documentation for the E-Filed application.
    NOTE: All Attorneys and Organizational Representatives E-Filing an application or petition on behalf of a client, MUST perform the following steps:

    Generate a copy of the G-28 (it will be generated as part of the PDF file application after you click the �Finish� button).
    Confirm that the Applicant/Beneficiary/Petitioner name and address information does appear on the G-28.
    If the Applicant/Beneficiary/Petitioner name and address information does NOT appear on the G-28, print out the G-28 (it will printout with the PDF file application).
    Make a copy of the G-28 for each application electronically submitted.
    Fill in the Applicant/Beneficiary/Petitioner name and address information by hand.
    Sign each G-28.
    Submit the completed and signed G-28s to the address on the Confirmation Receipt notice with the required supporting documentation.
    If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Keep a copy of your Confirmation Receipt notice(s) and application(s) for your records, noting what supporting documentation you mailed and the date you mailed it. You may wish to make a copy of the entire package before mailing it.


    Place all supporting documentation into one package and mail it to the address provided on the Confirmation Receipt notice. If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.

    Failure to follow these guidelines may result in processing delays or even denial of your application.



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