Jaime
09-10 09:40 PM
This is the reply I got from a student at my grad alma mater
Dear XXYY
This year most of the students at GATech have come only to study and get back to India, their homeland. So the participation might be grim due to the same. Even I have decided to return once done with my studies. Guess serving the motherland has been more important to us than earning the $$, since we know that only with efforts of an individual a country can progress.
Regards
ZZZZ
Yes, I psted on another thread that I volunteered at my Alma Mater and did practice interviews with international students (2 from China and 2 from India) and none of them want to stay in the U.S. long-term (they just want the education and a couple of years of experience so that they can go back home and make it big) Just a few years ago when I was in school they all wanted to stay here permanently. HUGE CHANGE, thanks to a bad immigration system.
Dear XXYY
This year most of the students at GATech have come only to study and get back to India, their homeland. So the participation might be grim due to the same. Even I have decided to return once done with my studies. Guess serving the motherland has been more important to us than earning the $$, since we know that only with efforts of an individual a country can progress.
Regards
ZZZZ
Yes, I psted on another thread that I volunteered at my Alma Mater and did practice interviews with international students (2 from China and 2 from India) and none of them want to stay in the U.S. long-term (they just want the education and a couple of years of experience so that they can go back home and make it big) Just a few years ago when I was in school they all wanted to stay here permanently. HUGE CHANGE, thanks to a bad immigration system.
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jkays94
07-10 02:39 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.
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.
indianindian2006
07-14 06:29 PM
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
What I have read is that it is critical that his 140 remain valid upto 180 days after filing 485 or the 485 is dead.Correct me if I am wrong.
What I have read is that it is critical that his 140 remain valid upto 180 days after filing 485 or the 485 is dead.Correct me if I am wrong.
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god_bless_you
03-16 01:33 PM
http://www.uscis.gov/files/nativedocuments/TransformationConOps_Mar07.pdf
One more link from USCIS which has more details on the process
Adjudicator's Field Manual - Redacted Public Version from USCIS web site
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
One more link from USCIS which has more details on the process
Adjudicator's Field Manual - Redacted Public Version from USCIS web site
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
more...
ganguteli
02-03 11:00 AM
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
In the current economic envireonment where H1Bs are being blamed in media do you think anything can fly. There is so much anti-India sentiment in the softare industry due to consulting companies. Do you think they will want more Indians as greencard holders? Think about it?
I think the first step should be to do a media campaign and clear all negative publicity H1Bs are getting. Second, all of us working for consulting companies and feel they are exploited need to come out and file lawsuits against employers and clean the system. If there is no exploitation and it is only a misinformation campaign by anti-immigrants then we need to clear that wrong too so that foriegn workers get their due recognition for helping this economy grow.
In the current economic envireonment where H1Bs are being blamed in media do you think anything can fly. There is so much anti-India sentiment in the softare industry due to consulting companies. Do you think they will want more Indians as greencard holders? Think about it?
I think the first step should be to do a media campaign and clear all negative publicity H1Bs are getting. Second, all of us working for consulting companies and feel they are exploited need to come out and file lawsuits against employers and clean the system. If there is no exploitation and it is only a misinformation campaign by anti-immigrants then we need to clear that wrong too so that foriegn workers get their due recognition for helping this economy grow.
yabadaba
09-26 10:53 AM
my email:
Sir/ Ma'am,
Is this article a systematic effort on the part of CNN to propagandize the Dobbs doctrine of immigrant bashing?
We rallied and marched for relief from the permanent residency process (green cards as you call them) and not for an increase in H1B.
Shame on you for these blatant lies and misinformation campaign that seems to be part of your agenda.
Thanks
Sir/ Ma'am,
Is this article a systematic effort on the part of CNN to propagandize the Dobbs doctrine of immigrant bashing?
We rallied and marched for relief from the permanent residency process (green cards as you call them) and not for an increase in H1B.
Shame on you for these blatant lies and misinformation campaign that seems to be part of your agenda.
Thanks
more...
am100
06-28 10:39 PM
Got approval emails yesterday.
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
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santb1975
12-20 07:14 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
more...
crazyghoda
01-30 01:40 PM
Not sure yet...... its not something I expected to happen given the retrogression.
Would the USCIS accept a future dated offer letter? Say a couple of weeks or months from now? Or do I need to have a current job? What about paystubs? If I manage to start somewhere but dont manage to get a paystub by the RFE response date, is that ok?
Would the USCIS accept a future dated offer letter? Say a couple of weeks or months from now? Or do I need to have a current job? What about paystubs? If I manage to start somewhere but dont manage to get a paystub by the RFE response date, is that ok?
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gc28262
12-20 07:18 PM
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
more...
Rajeev
12-14 01:59 PM
I am from Park Ridge NJ. I will join the conference today.
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makemygc
07-16 08:27 PM
The only way to counter this is to fax the senators and reps stating the "real" facts!
Problem is senators or congressmen who support us know the facts and those who do not support us, do not want to know the facts.
Still I think it's a good idea and definitely should be implemented along with few other alternatives too..like educating common mass.
I guess we need to come out with a white paper about "Top 10 Myths about Employment Based Immigration". Any good writer here...?
We can fax these white papers to attorney, media and even number usa too.
Problem is senators or congressmen who support us know the facts and those who do not support us, do not want to know the facts.
Still I think it's a good idea and definitely should be implemented along with few other alternatives too..like educating common mass.
I guess we need to come out with a white paper about "Top 10 Myths about Employment Based Immigration". Any good writer here...?
We can fax these white papers to attorney, media and even number usa too.
more...
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Hinglish
01-08 10:04 PM
May the best man win !
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whiteStallion
09-10 04:48 PM
Talking about horses and your user id WhiteStallion is surreal. Dude looks like they are after all discussing a bill right up your alley :D
No offence. Just Kidding!!
I know! No offence taken!
I wish I could benefit from these lousy discussions(in the senate) about horses or legal immigrants in some way... Seems its now happening today !
No offence. Just Kidding!!
I know! No offence taken!
I wish I could benefit from these lousy discussions(in the senate) about horses or legal immigrants in some way... Seems its now happening today !
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nashim
01-13 02:59 PM
can you please share your views and experiences of Symphony Corp (www.symphony.cc)
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retrohatao
02-08 04:28 PM
Description of the process:
When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
receives a reply. FBI after doing the security checks ( the process involves checking the name against
potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
is "YES" USCIS clears the case and if it is NO your case would be rejected.
After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
It is just like a blackhole and no one is there for you to provide the status/answer queries.
Here is the thread one needs to look at if you would like to know more about the problem:
http://boards.immigration.com/showthread.php?t=174845
Solution:
1.Its an interagency issue. USCIS need to follow up at constant intervals.
2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
of the cases.
3. There should be a definite time line for clearing the cases.
4. There should be a grievance addressing system for the cases delayed indefinitely.
Ultimately it is in the interest of the country. If you think someone is dangerous, you would
not want him/her to be in the country freely roaming on a EAD. Right?
I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
more
When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
receives a reply. FBI after doing the security checks ( the process involves checking the name against
potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
is "YES" USCIS clears the case and if it is NO your case would be rejected.
After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
It is just like a blackhole and no one is there for you to provide the status/answer queries.
Here is the thread one needs to look at if you would like to know more about the problem:
http://boards.immigration.com/showthread.php?t=174845
Solution:
1.Its an interagency issue. USCIS need to follow up at constant intervals.
2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
of the cases.
3. There should be a definite time line for clearing the cases.
4. There should be a grievance addressing system for the cases delayed indefinitely.
Ultimately it is in the interest of the country. If you think someone is dangerous, you would
not want him/her to be in the country freely roaming on a EAD. Right?
I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
more
more...
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tooclose
07-13 10:20 AM
you seem to be right - the doc does say that ! - you made my day - MORE SOUP FOR YOU !
Great ! Now atleast my application has a slim chance of getting in.
:)
Great ! Now atleast my application has a slim chance of getting in.
:)
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trueguy
04-06 05:55 PM
Do you know the POE?
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vkotval
12-28 03:01 PM
Just wanted to share this link with you all
http://www.murthy.com/news/n_analys.html
http://www.murthy.com/news/n_analys.html
nyte_crawler
04-08 11:53 PM
What was his visa status ?
pd_recapturing
12-10 03:49 PM
Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.
you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US
you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US
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