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  • rajuseattle
    07-15 07:14 PM
    Thakurji,

    Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.

    today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.

    Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.

    I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.

    cheer up...!!!





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  • hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....





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  • lahiribaba
    02-03 12:28 PM
    Mirage - I totally support you man. You got to do what your heart feels like ... If you get too tired of waiting and living this CHAINNNNED life and you want to meet Mr President to let him know how you feel - man by all means you got to do it.. Remember the flutter of a butterfly wings in Jailsalmer starts a tornado in florida... there are numerous occassions when one single man's stand changed the entire nation .. I totally support you . If the good old USA is still a FREE COUNTRY then there is no reason why you should not go ahead...

    As for getting support from others it is nice to have support but it does not mean that if they do not support you , you are wrong. What you are saying is RIGHTFULLY JUSTIFIED and every man and woman in this country has the RIGHT TO PURSUE HAPPINESS. After all that is the reason why we want our GC here. There are many people in this forum who are just FOB's and there are many who have just given up after years of waiting .. but people like you can keep the flame alive. Salute and good luck my friend.





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  • hoolahoous
    03-16 12:37 AM
    And, please, gimme a break. H1B = high skilled? .....Most H1Bs, according to PUBLISHED research, earn less than $50,000.
    Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.


    wow.. u disciple of lou dobb ?? 50k !!!! in our company average salary of h1b is 125k (meaning some get much more than that, including me)!!
    IT and software is low skill ?? now I am not sure what YOU are smelling . h1b requires minimum 4 year engg. degree (what do u have ?? maybe you got it using some non academic skills)


    Yes i AM selfish..........

    exactly.. i agree



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  • sweet_jungle
    10-26 10:11 PM
    bump, action item, please notarize and mail. Please keep this thread active!

    please send the link and doc.





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  • SunnySurya
    07-28 11:39 AM
    Obviously, you are trying to incite religious feelings. What are getting at , take up arms and start hurting our neighbors.
    It is not the need of the hour, nor this forum is the place to express those needs.
    By the way, I also heard about the blast in Turkey, Iraq , a shoting in TN etc..
    If everyone start following your advice, soon instead of asking for a green card, we would need to ask for a ration card.

    I think this blog is stating fact. You did not hear 23 blasts in 24 hrs 50 killed. If not, then God Bless You. It is a need of hour for Hindus to wake up from there deep slumber.



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  • feedfront
    09-17 09:58 AM
    Anyone received RFE letter? I've not received it yet.





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  • Macaca
    06-11 08:29 AM
    Dear Colleague:

    With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.


    Sincerely,


    ____________________ ____________________

    BERNARD SANDERS CHARLES E. GRASSLEY

    UNITED STATES SENATOR UNITED STATES SENATOR

    ************************************************** ***************

    Where the Job Openings Are Now (http://online.wsj.com/article/SB10001424052748704575304575296692796660262.html) By JOE LIGHT | Wall Street Journal, Jun 10 2010

    The number of job openings grew in April, indicating a continued loosening of the job market after the worst downturn in decades. Employers had a seasonally-adjusted 3.1 million openings on the last business day of April, up about 300,000 from March and about 800,000 from last summer's trough.

    Industries seeing the most growth included education and health services, which saw openings rise 7% from last month, and professional and business services, which grew about 24%. Government job openings saw the largest contraction--about 8.5% fewer public sector jobs were available in April than were available in March.

    The slowest growing region in April was the South, which saw openings rise by about 6%, while the Northeast, Midwest, and West saw increases of between 12% and 16%.

    "We're definitely seeing a brighter outlook, but not near a rubber-band snap back," says Rich Milgram, CEO of Beyond.com, a network of 15,000 niche career websites.

    Entry-level jobs posted on Beyond.com's network increased 80% between the first quarter of last year and this year, with engineering, healthcare, and information technology industries faring the best. High-paying, managerial roles saw more tepid increases, indicating that employers are choosing to fill cheap positions first, Mr. Milgram says.

    Even though the number of openings has grown, it can take three to four months before increases in openings start to translate to increases in actual hires, Mr. Milgram says.

    Soliant Health, a staffing firm for the health care industry, has seen requests from companies for nurse practitioners and physician assistants triple in the last year, says president David Alexander. Retailers, many of which have opened clinics inside their stores, and companies conducting in-home clinical trials have been among employers showing the most demand, while pharmacy technicians and licensed practical nurses, who don't need as much training as registered nurses, have been hard to place.

    "We're just starting to see pockets of demand pick up after the layoffs last year, but employers are still having no trouble finding candidates," Mr. Alexander says.



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  • neoneo
    09-26 09:31 PM
    ---
    Hi,

    Thanks for your feedback:
    "I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."

    Your comment doesn't make sense to me. Please explain.

    The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.

    It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.

    From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.





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  • hebron
    08-10 06:13 PM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile


    Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?



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  • arvindkappula
    01-19 12:19 AM
    Since my statement about making copies of offical US documents is causing confusion, let me rephrase & elaborate -

    I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.

    Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.

    Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?

    The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).





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  • lazycis
    01-18 06:54 PM
    By law, you are not suppose to make copies of an official US document.



    I am not sure what are you talking about here. Is it illegal to make a copy of the approval notice or driver license? Police may not accept it, but it is not illegal. I received that advice from an attorney when I asked whether I have to carry a GC with me all the time.



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  • FucTheGC
    06-06 02:44 PM
    My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.

    Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)





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  • mheggade
    07-14 12:00 PM
    EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.

    Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.

    Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.


    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


    This EB2 movement of 2 and half years is just a first step by DOS.

    vdlrao,

    Can you tell us , Which Crystal ball are you looking in to ?



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  • go_gc_way
    12-26 10:56 PM
    Dear New IV Members ...

    You can GREATLY HELP THIS EFFORT by throwing your ideas and contributing to this effort.

    Please update Web sites in your local areas. I have posted a classified in the following web site ..

    www.desigate.com that can be read at ... http://www.desigate.com/classified.php

    It took me less than 15 minutes to register and post the ad. But as you see it can not be done by one person, with every one's help , we can finish this effort in few days.

    We have approximately 7000 members , if we can post at least in 1000 different web sites/forums/groups , I am sure It will definetly help increase the membership toward 10,000.





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  • psam
    06-11 12:15 AM
    This amendment treats foreign workers like slaves.

    When we need you, we take you in. But when there are layoffs, you are supposed to pack your bags and leave? Even if you are the best performer in your group?
    Layoffs happen at respectable companies like Microsoft as well. And Microsoft indeed has hired some of the brightest brains from all over the world. Why should families of these people take all the heat of layoff?

    I wish that next Microsoft, Apple, Google happens outside of U.S.



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  • BlueSunD
    03-07 10:57 PM
    Hi Sparky! Well a quick google search turned some results, hope you find them usefull,

    Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/

    These seem nice, some of the basics of modeling are shown:
    http://www.vrotvrot.com/xoom/tutorials.html

    And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
    http://www.blender3d.org/Education/index_old.php?sub=

    and another one... almost the same
    http://www.blender3d.org/cms/Using_Blender.80.0.html





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  • needhelp!
    11-25 06:25 PM
    I got the same reply. Its standard when they send you your case number.

    Here's my case Number: NRC2008065126





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  • webm
    12-15 11:48 AM
    Well said Chandu..it's true..





    pitha
    01-28 09:39 AM
    The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don�t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.





    JazzByTheBay
    01-16 10:44 PM
    Any budding film-makers in the crowd thinking of a documentary?



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