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The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).
What are the grounds for I-485 denial if my I-140 is approved?
The followings are the grounds for an I-485 denial.
a. Some crimes committed by the applicant.
b. The applicant is out of status or illegally worked for over 180 days.
c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
d. The applicant drastically changes occupation or job field.
e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
f. The applicant’s failure to RFE or fingerprint.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).
What are the grounds for I-485 denial if my I-140 is approved?
The followings are the grounds for an I-485 denial.
a. Some crimes committed by the applicant.
b. The applicant is out of status or illegally worked for over 180 days.
c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
d. The applicant drastically changes occupation or job field.
e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
f. The applicant’s failure to RFE or fingerprint.
I heard many stories that consultants are selling labor certifications and this lead to a big back log.... people who were last in the line are in front of the line now....consultants created a business from these labor certifications and are making lots of money...its fair for the government or uscis to apply this bill and control this black business....
:p Attack of the Trolls - Final Battle
:p Attack of the Trolls - Final Battle
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What can we do to deep-six this bill?
Need direction here!
Need direction here!
Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.
But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man. You are condemning the killing of 4 Isrealis and not even bothered to feel about 600 innocent palestinians including school kids. What a hypocricy and what kind of human being you are?
Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.
Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.
I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood and this world is watching silently. So called leaders of peaceful nations are encouraging this massacre. This is what troubles me.
Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.
Listen dude, I actually feel your frustration. A month and half back, I was going through the same feelings watching the Mumbai attacks unfold.
Let's get to your arguments. First the Diwali incident. This is a lame comparison. That's an accident and you are comparing that against Hamas shooting rockets to kill and maime people. Accidents by children will happen in India in Diwali, in Karachi by another kid and also probably kids playing with guns and rockets in Gaza. So I'll ignore this one.
Next, You believe we all are biased because of CNN and Fox and they are mouthpieces of a vast Jewish conspiracy. Ok, let's grant you that. How can you convince me that *you* are not being fed Arab and Muslim propaganda? I am not saying that they do, but the basic deal is : there is truth and there are versions. Maybe none of us know the truth, so don't go around blaming only one segment of the media because it's convenient to you. I actually go and read news from the media all over the world, be it Al Jazeera, Jerusalem Post, Strait Times. I consider myself reasonably informed and have seen some bias everywhere.
Second, I absolutely condone the loss of innocent lives. Please don't insult me by paraphrasing what I said. I know and love people from all over the world, including Israel, Egypt, Pakistan and don't need to hear stuff like this. However you cannot prove that Israelis are purposely targetting civilians. Also I don't think the Israelis are stupid enough to do something knowing the amount of bad press that action will get. Maybe it was collateral damage or maybe it was a mistake. But yes Israel should be asked to clarify this.
I hate that innocent lives are being lost. My stomach churns when I see photos of little kids being ferried to hospitals in Gaza. It's a most terrible situation. But we have an extremely irresponsible government in Gaza. It's a bit like the Taliban governing Afghanistan. Look at the West Bank. Fatah/PA runs it and while there are still problems, atleast there is a certain calm there. Yes the issue of settlements is ongoing but it's a thousands time better problem to have than daily skirmishes or even worse like what's happening in Gaza. People can go about living their lives, doing business, going to school, things normal people should be expected to do etc.
This is the world's biggest flashpoint and people like Hamas and Hezbollah or atleast elements in them ( i know hezbollah has a strong social and civic organization too) don't really help the situation.
But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man. You are condemning the killing of 4 Isrealis and not even bothered to feel about 600 innocent palestinians including school kids. What a hypocricy and what kind of human being you are?
Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.
Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.
I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood and this world is watching silently. So called leaders of peaceful nations are encouraging this massacre. This is what troubles me.
Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.
Listen dude, I actually feel your frustration. A month and half back, I was going through the same feelings watching the Mumbai attacks unfold.
Let's get to your arguments. First the Diwali incident. This is a lame comparison. That's an accident and you are comparing that against Hamas shooting rockets to kill and maime people. Accidents by children will happen in India in Diwali, in Karachi by another kid and also probably kids playing with guns and rockets in Gaza. So I'll ignore this one.
Next, You believe we all are biased because of CNN and Fox and they are mouthpieces of a vast Jewish conspiracy. Ok, let's grant you that. How can you convince me that *you* are not being fed Arab and Muslim propaganda? I am not saying that they do, but the basic deal is : there is truth and there are versions. Maybe none of us know the truth, so don't go around blaming only one segment of the media because it's convenient to you. I actually go and read news from the media all over the world, be it Al Jazeera, Jerusalem Post, Strait Times. I consider myself reasonably informed and have seen some bias everywhere.
Second, I absolutely condone the loss of innocent lives. Please don't insult me by paraphrasing what I said. I know and love people from all over the world, including Israel, Egypt, Pakistan and don't need to hear stuff like this. However you cannot prove that Israelis are purposely targetting civilians. Also I don't think the Israelis are stupid enough to do something knowing the amount of bad press that action will get. Maybe it was collateral damage or maybe it was a mistake. But yes Israel should be asked to clarify this.
I hate that innocent lives are being lost. My stomach churns when I see photos of little kids being ferried to hospitals in Gaza. It's a most terrible situation. But we have an extremely irresponsible government in Gaza. It's a bit like the Taliban governing Afghanistan. Look at the West Bank. Fatah/PA runs it and while there are still problems, atleast there is a certain calm there. Yes the issue of settlements is ongoing but it's a thousands time better problem to have than daily skirmishes or even worse like what's happening in Gaza. People can go about living their lives, doing business, going to school, things normal people should be expected to do etc.
This is the world's biggest flashpoint and people like Hamas and Hezbollah or atleast elements in them ( i know hezbollah has a strong social and civic organization too) don't really help the situation.
ok...this is something..
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Answering some of the posts:
Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.
And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Answering some of the posts:
Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.
And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.
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this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.
People always read what they want to read.
Read the memo and they always mention "intent", "good faith".
USCIS always leaves significant wiggle room for themselves when they want to deny cases.
Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.
People always read what they want to read.
Read the memo and they always mention "intent", "good faith".
USCIS always leaves significant wiggle room for themselves when they want to deny cases.
Great one -
Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.
always kep in mind that its not ur qualification that matters... its the Job Requirement that you have filed LC for?..
i.e. You could be a rocket scientiest but if the job u work is of a software analyst..etc that DOL classifies as EB3...you are EB3....so u dont just need to change you category (to EB2 or EB1) to refile but need to change your job to one that can classify for EB2 or EB1.
Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.
always kep in mind that its not ur qualification that matters... its the Job Requirement that you have filed LC for?..
i.e. You could be a rocket scientiest but if the job u work is of a software analyst..etc that DOL classifies as EB3...you are EB3....so u dont just need to change you category (to EB2 or EB1) to refile but need to change your job to one that can classify for EB2 or EB1.
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You are educated by CNN and Fox. Go see what others are saying. Don't just be one sided.
Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.
What do you mean by "Others"? Al-Jazeera? Al-Aqsa? Al-Manar?? FYI, Here are couple of Articles from the charter of Hamas. And you think Hamas is peace loving organization because........ ?
Article 7 of the Hamas Covenant states the following: "The Day of Judgement will not come about until Muslems fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Muslems, O Abdulla, there is a Jew behind me, come and kill him. Only the Gharkad tree, (the Cedar tree) would not do that because it is one of the trees of the Jews." (related by al-Bukhari and Muslem).
Article 22 claims that the French revolution, the Russian revolution, colonialism and both world wars were created by the Zionists. It also claims the Freemasons and Rotary clubs are Zionist fronts. "You may speak as much as you want about regional and world wars. They were behind World War I, when they were able to destroy the Islamic Caliphate, making financial gains and controlling resources. They obtained the Balfour Declaration, formed the League of Nations through which they could rule the world. They were behind World War II, through which they made huge financial gains by trading in armaments, and paved the way for the establishment of their state. It was they who instigated the replacement of the League of Nations with the United Nations and the Security Council to enable them to rule the world through them. There is no war going on anywhere, without having their finger in it.
Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.
What do you mean by "Others"? Al-Jazeera? Al-Aqsa? Al-Manar?? FYI, Here are couple of Articles from the charter of Hamas. And you think Hamas is peace loving organization because........ ?
Article 7 of the Hamas Covenant states the following: "The Day of Judgement will not come about until Muslems fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Muslems, O Abdulla, there is a Jew behind me, come and kill him. Only the Gharkad tree, (the Cedar tree) would not do that because it is one of the trees of the Jews." (related by al-Bukhari and Muslem).
Article 22 claims that the French revolution, the Russian revolution, colonialism and both world wars were created by the Zionists. It also claims the Freemasons and Rotary clubs are Zionist fronts. "You may speak as much as you want about regional and world wars. They were behind World War I, when they were able to destroy the Islamic Caliphate, making financial gains and controlling resources. They obtained the Balfour Declaration, formed the League of Nations through which they could rule the world. They were behind World War II, through which they made huge financial gains by trading in armaments, and paved the way for the establishment of their state. It was they who instigated the replacement of the League of Nations with the United Nations and the Security Council to enable them to rule the world through them. There is no war going on anywhere, without having their finger in it.
Hi Macaca,
Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..
Thanks,
Kris
Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..
Thanks,
Kris
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Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.
Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?
Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?
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A Kentucky couple, both bona fide rednecks, had 9 children.
They went to the doctor to see about getting the husband "fixed." The doctor gladly started the required procedure and asked them what finally made them make the decision.
Why after nine children, would they choose to do this?
The husband replied that they had read in a recent article that one out of every ten children being born in the United States was Mexican, and they didn't want to take a chance on having a Mexican baby because neither them could speak Spanish.
They went to the doctor to see about getting the husband "fixed." The doctor gladly started the required procedure and asked them what finally made them make the decision.
Why after nine children, would they choose to do this?
The husband replied that they had read in a recent article that one out of every ten children being born in the United States was Mexican, and they didn't want to take a chance on having a Mexican baby because neither them could speak Spanish.
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Amen, brother/sister! Where are these half million people? 500,000 divided by 50 states makes for 10000 in each state (on an average; although I doubt that Alaska and Hawaii have that many, while states like NY, CA, NJ, IL, FL, TX, PA must beat the mean for sure, but still). 6500 ain't enough!
Ha haa.. I tell you what.. It could be either of these
1) Its not their preference RIGHT NOW, It will become their preference after some time 2 yrs, 3yrs
2) They are complacent with what they do RIGHT NOW. H1B worker life style in their native country compared to life style in America. Yeaa.. I am happpy happpy.. 2 or 3 yrs
3) They live on a day to day basis. Why bother about tommorow?
4) Whatever! some one will do some thing. If some thing were to happen it will happen.
Its the last one that I hate, c mon folks.. wake up and do something for your self. I feel that most of the people in these forums have already spent enough time (on avg 3.5 yrs??) waiting and the people not on here are the ones who havent spent that considerable wait of 3 to 4 yrs. Most of the people I see every day are in group 4. They consider IV forums as a great resource to get suggestions for their situation, nothing more unfortunately.
Ha haa.. I tell you what.. It could be either of these
1) Its not their preference RIGHT NOW, It will become their preference after some time 2 yrs, 3yrs
2) They are complacent with what they do RIGHT NOW. H1B worker life style in their native country compared to life style in America. Yeaa.. I am happpy happpy.. 2 or 3 yrs
3) They live on a day to day basis. Why bother about tommorow?
4) Whatever! some one will do some thing. If some thing were to happen it will happen.
Its the last one that I hate, c mon folks.. wake up and do something for your self. I feel that most of the people in these forums have already spent enough time (on avg 3.5 yrs??) waiting and the people not on here are the ones who havent spent that considerable wait of 3 to 4 yrs. Most of the people I see every day are in group 4. They consider IV forums as a great resource to get suggestions for their situation, nothing more unfortunately.
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I am not US citizen and who becomes president or who the American people vote for is none of my business.
But I can't resist writing here because it is going to affect my life in a great way.
Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
I am really really worried but still I wish all the very best to Sen. Obama.
But I can't resist writing here because it is going to affect my life in a great way.
Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
I am really really worried but still I wish all the very best to Sen. Obama.
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Dying for data: the Indian activist killed for asking too many questions (http://www.guardian.co.uk/world/2010/dec/27/india-rti-activists-deaths) By Jason Burke | The Guardian
Shashidhar Mishra was always a curious man. Neighbours in the scruffy industrial town of Baroni, in the northern Indian state of Bihar, called him "kabri lal" or "the news man" because he was always so well informed.
Late every evening, the 35-year-old street hawker would sit down with his files and scribble notes. In February, the father of four was killed outside his home after a day's work selling pens, sweets and snacks in Baroni's bazaar.
The killing was swift and professional. The street lights went out, two men on motorbikes drew up and there were muffled shots. Mishra, an enthusiastic RTI activist, as those who systematically use India's right to information law to uncover wrongdoing and official incompetence are known, became the latest in the country's growing list of RTI martyrs.
The RTI law, introduced by the Congress party-led government in 2005, was a radical piece of legislation giving private citizens the right to demand written answers from India's always opaque and often corrupt bureaucracy and state institutions such as the police and army.
"It was a total paradigm shift from a regime of secrecy to one of transparency," the law minister, Veerappa Moily, said in an interview in Delhi. "It has changed the entire culture of governance."
In many ways, the law has been an astonishing success, prompting requests from tens of thousands of often poor, sometimes almost illiterate, always highly motivated citizens. In Bihar, more than 100,000 demands were made last year, 20 times as many as five years ago, said AK Choudry, the chief information commissioner for the state. In India as a whole at least a million RTI requests have now been filed.
"This act is for the common man of India. Without paying a bribe a poor man can get answers. We have the right to know what is happening in this country," said Afroz Alam Sahil, a student from Bihar who has registered hundreds of requests.
Yet, with the rule of law weak in much of the country, exercising new rights can mean danger. At least 10 activists have been killed so far this year. All found themselves up against powerful individuals, often in league with local authorities. One uncovered a series of corrupt land deals and thefts of social benefits by officials and was subsequently hacked to death near his home near the city of Pune, Maharashtra state.
A 55-year-old stallholder was killed after investigating electricity supplies and gambling dens in his home town of Surat in the western state of Gujarat. Two activists investigating fraud in government labour schemes for the poor were killed in the lawless eastern state of Jharkand, while others - including a 47-year-old sugar cane farmer in the central state of Maharashtra and an activist near the southern city of Bengaluru - were killed after investigating land acquisitions by big businessmen.
In July, Amit Jethava, a pharmacist in Gujarat who had hounded officials about mining endangering Asian lions, spotted deer and wild boar near his village was shot dead. There has since been a lull in the killings, but beatings, intimidations and threats continue.
Amitabh Thakur, who heads an RTI network in Lucknow, Uttar Pradesh, and is writing a book on the RTI martyrs said that "cases of murder, persecution, prosecution and harassment" are legion. "When you are digging for information there are people who try to hide it from you," he said. "They will do what it takes to keep it hidden."
The true number of activists killed could be much higher. Frequently, campaigners say, the authorities deny a link between the RTI requests and violence, dismissing incidents as everyday crime.
Choudry said that no killing linked to RTI had taken place in Bihar and that Mishra's death in February was "not linked to any RTI application". Local police denied Mishra was an activist and said they no longer had possession of the investigation file opened on his death. It contained, his family said, most of the answers he had received to his various RTI requests.
The dead man had hidden a box of papers at home that suggest the hawker's activism was indeed the reason for his murder. The documents, seen by the Guardian, included receipts for hundreds of different applications for information about local officials, businessmen and even the police themselves.
Mishra, described by his sister as a "sharp and smart guy", had started demanding information two years before his death. His first target was a local government-run dairy, a big employer, where he suspected animals were being mistreated. His next campaign focused on unlicensed stalls run on public land outside the local railway station. These were eventually demolished.
Encouraged by his success, Mishra asked for records of land purchases and sales by members of the local council over the last 20 years. In June last year, he began investigating the local market, largely built by local businessmen on government land. A month later, he asked why there was no electricity in the local health clinic. By the end of the year, he had established that many of the contracts awarded to resurface a road through the town were suspect. He spoke darkly to his family of death threats.
In December and January, Mishra filed a flurry of further information requests, asking for details of the postings of certain policemen and the whereabouts of vehicles the police had recently impounded.
On 9 February , he requested a list of those contracted to carry out construction of a road in the market. He also demanded the local council's 2009 accounts. The answer � which showed that at least �80,000 had been paid to contractors for work that had never been carried out � arrived in May, three months after his death.
His killers had used silenced handguns, the mark of professionals. That a power cut plunged the street into darkness for the few minutes they needed to work indicates the involvement of officials, campaigners claim.
Now his brother Mahdidar is trying to look after four extra children on a family income that has been halved. He told the Guardian he was "desperate".
"I want justice for my brother, but what can I do? There are many corrupt and powerful. I am just one man."
Cases of intimidation and violence are "isolated", Moily, the law minister, insisted. "Wherever protection is needed the government provides it."
'India's history is in two phases, before and after RTI' (http://timesofindia.indiatimes.com/home/opinion/articlelist/articleshow/7180352.cms) Times of India
Shashidhar Mishra was always a curious man. Neighbours in the scruffy industrial town of Baroni, in the northern Indian state of Bihar, called him "kabri lal" or "the news man" because he was always so well informed.
Late every evening, the 35-year-old street hawker would sit down with his files and scribble notes. In February, the father of four was killed outside his home after a day's work selling pens, sweets and snacks in Baroni's bazaar.
The killing was swift and professional. The street lights went out, two men on motorbikes drew up and there were muffled shots. Mishra, an enthusiastic RTI activist, as those who systematically use India's right to information law to uncover wrongdoing and official incompetence are known, became the latest in the country's growing list of RTI martyrs.
The RTI law, introduced by the Congress party-led government in 2005, was a radical piece of legislation giving private citizens the right to demand written answers from India's always opaque and often corrupt bureaucracy and state institutions such as the police and army.
"It was a total paradigm shift from a regime of secrecy to one of transparency," the law minister, Veerappa Moily, said in an interview in Delhi. "It has changed the entire culture of governance."
In many ways, the law has been an astonishing success, prompting requests from tens of thousands of often poor, sometimes almost illiterate, always highly motivated citizens. In Bihar, more than 100,000 demands were made last year, 20 times as many as five years ago, said AK Choudry, the chief information commissioner for the state. In India as a whole at least a million RTI requests have now been filed.
"This act is for the common man of India. Without paying a bribe a poor man can get answers. We have the right to know what is happening in this country," said Afroz Alam Sahil, a student from Bihar who has registered hundreds of requests.
Yet, with the rule of law weak in much of the country, exercising new rights can mean danger. At least 10 activists have been killed so far this year. All found themselves up against powerful individuals, often in league with local authorities. One uncovered a series of corrupt land deals and thefts of social benefits by officials and was subsequently hacked to death near his home near the city of Pune, Maharashtra state.
A 55-year-old stallholder was killed after investigating electricity supplies and gambling dens in his home town of Surat in the western state of Gujarat. Two activists investigating fraud in government labour schemes for the poor were killed in the lawless eastern state of Jharkand, while others - including a 47-year-old sugar cane farmer in the central state of Maharashtra and an activist near the southern city of Bengaluru - were killed after investigating land acquisitions by big businessmen.
In July, Amit Jethava, a pharmacist in Gujarat who had hounded officials about mining endangering Asian lions, spotted deer and wild boar near his village was shot dead. There has since been a lull in the killings, but beatings, intimidations and threats continue.
Amitabh Thakur, who heads an RTI network in Lucknow, Uttar Pradesh, and is writing a book on the RTI martyrs said that "cases of murder, persecution, prosecution and harassment" are legion. "When you are digging for information there are people who try to hide it from you," he said. "They will do what it takes to keep it hidden."
The true number of activists killed could be much higher. Frequently, campaigners say, the authorities deny a link between the RTI requests and violence, dismissing incidents as everyday crime.
Choudry said that no killing linked to RTI had taken place in Bihar and that Mishra's death in February was "not linked to any RTI application". Local police denied Mishra was an activist and said they no longer had possession of the investigation file opened on his death. It contained, his family said, most of the answers he had received to his various RTI requests.
The dead man had hidden a box of papers at home that suggest the hawker's activism was indeed the reason for his murder. The documents, seen by the Guardian, included receipts for hundreds of different applications for information about local officials, businessmen and even the police themselves.
Mishra, described by his sister as a "sharp and smart guy", had started demanding information two years before his death. His first target was a local government-run dairy, a big employer, where he suspected animals were being mistreated. His next campaign focused on unlicensed stalls run on public land outside the local railway station. These were eventually demolished.
Encouraged by his success, Mishra asked for records of land purchases and sales by members of the local council over the last 20 years. In June last year, he began investigating the local market, largely built by local businessmen on government land. A month later, he asked why there was no electricity in the local health clinic. By the end of the year, he had established that many of the contracts awarded to resurface a road through the town were suspect. He spoke darkly to his family of death threats.
In December and January, Mishra filed a flurry of further information requests, asking for details of the postings of certain policemen and the whereabouts of vehicles the police had recently impounded.
On 9 February , he requested a list of those contracted to carry out construction of a road in the market. He also demanded the local council's 2009 accounts. The answer � which showed that at least �80,000 had been paid to contractors for work that had never been carried out � arrived in May, three months after his death.
His killers had used silenced handguns, the mark of professionals. That a power cut plunged the street into darkness for the few minutes they needed to work indicates the involvement of officials, campaigners claim.
Now his brother Mahdidar is trying to look after four extra children on a family income that has been halved. He told the Guardian he was "desperate".
"I want justice for my brother, but what can I do? There are many corrupt and powerful. I am just one man."
Cases of intimidation and violence are "isolated", Moily, the law minister, insisted. "Wherever protection is needed the government provides it."
'India's history is in two phases, before and after RTI' (http://timesofindia.indiatimes.com/home/opinion/articlelist/articleshow/7180352.cms) Times of India
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IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.
If this bill passes as it is, then the impact will be much greater than targetting bodyshoppers. To reiterate, problematic aspects of this bill are -
1. Requires a labor certification like process for all H1B applications regardless of whether application is for new employment, transfer to a new job or an extension of a previous job. This will lead to greater job insecurity for the H1B worker as there will be multiple chances provided to prove availability of US workers instead of the single step process today for the formal labor certification for a green card. This process would be similar to the bully who insists on multiple chances to provide the right answer, and the right answer is pre-determined.
2. Prohibition of consulting due to prohibition of outplacement.
3. No differntiation between the role H1B plays as a market access mechanism for foreign companies and as a bridge to the green card for domestic companies.
If this bill passes as it is, then the impact will be much greater than targetting bodyshoppers. To reiterate, problematic aspects of this bill are -
1. Requires a labor certification like process for all H1B applications regardless of whether application is for new employment, transfer to a new job or an extension of a previous job. This will lead to greater job insecurity for the H1B worker as there will be multiple chances provided to prove availability of US workers instead of the single step process today for the formal labor certification for a green card. This process would be similar to the bully who insists on multiple chances to provide the right answer, and the right answer is pre-determined.
2. Prohibition of consulting due to prohibition of outplacement.
3. No differntiation between the role H1B plays as a market access mechanism for foreign companies and as a bridge to the green card for domestic companies.
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Pappu,
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Can someone note the
- Best funny post on this thread
- Best post of the thread
- Worse post of the thread
for the 3 awards and I will go through just those 3 posts and close the thread. :D
I will open the thread once Rollling_flood files the lawsuit:D.
What do you say?
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Can someone note the
- Best funny post on this thread
- Best post of the thread
- Worse post of the thread
for the 3 awards and I will go through just those 3 posts and close the thread. :D
I will open the thread once Rollling_flood files the lawsuit:D.
What do you say?
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Dont worry about negative opinions of people..I urge EB3-I to post the letter first and then get into discussions..
Action & Urgency!
Come' on EB3-I
http://immigrationvoice.org/forum/showthread.php?t=20147
Action & Urgency!
Come' on EB3-I
http://immigrationvoice.org/forum/showthread.php?t=20147
dont know about lou's total viewership but every day his online polls have less than 15,000 respondents
http://www.cnn.com/POLLSERVER/results/26653.exclude.html
i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments
Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
Let us launch an facts based attack campaign agains Lou and ruin his career.
http://www.cnn.com/POLLSERVER/results/26653.exclude.html
i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments
Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
Let us launch an facts based attack campaign agains Lou and ruin his career.
Hi ManuB,
so finally what happened with your spouse case, did u find some good attorney, pls share the exp, one of my friends is kind of in a same situation.
best
Thank You for all the support.
I couldn`t reply any sooner.I was busy with Open house( a whole lot of scrubbing and cleaning).
I cannot post the contents of the RFE`s as most of the info is private and not appropriate for the public forum.But the info I got from the forum so far has been helpful.
What we are trying to do now is to get appointments with atleast 2 other attorneys(murthy and khanna) .our current Lawyer responded to our questions on a sunday .Not many lawyers do that. and we have only 2 weeks to respond Once we get some answers we`ll go from there.
Our case is very complex.I don`t want other members be discouraged by the amount of papers uscis requested.Not every one gets this unlucky.They asked for all w2`s,first and last paystubs with each employer and federal tax returns.Rule of thumb don`t discard any paper that you ever submitted to uscis and all your employment records.
I will keep you posted.
thank you again.
so finally what happened with your spouse case, did u find some good attorney, pls share the exp, one of my friends is kind of in a same situation.
best
Thank You for all the support.
I couldn`t reply any sooner.I was busy with Open house( a whole lot of scrubbing and cleaning).
I cannot post the contents of the RFE`s as most of the info is private and not appropriate for the public forum.But the info I got from the forum so far has been helpful.
What we are trying to do now is to get appointments with atleast 2 other attorneys(murthy and khanna) .our current Lawyer responded to our questions on a sunday .Not many lawyers do that. and we have only 2 weeks to respond Once we get some answers we`ll go from there.
Our case is very complex.I don`t want other members be discouraged by the amount of papers uscis requested.Not every one gets this unlucky.They asked for all w2`s,first and last paystubs with each employer and federal tax returns.Rule of thumb don`t discard any paper that you ever submitted to uscis and all your employment records.
I will keep you posted.
thank you again.
