Sunday, June 12, 2011

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  • horscorp
    05-17 02:02 PM
    Nice Interface.




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  • SEP03NY
    07-11 01:20 PM
    Hi - Does anyone work with Vaman Kidambi, bridgeport, CT. Please let me know the feedback on this lawyer.




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  • VSS2007
    06-27 01:13 PM
    Hi

    OUCH, my EAD appln. approved today. USCIS is really working really hard hard.

    It took 40 days from NSC

    Thanks




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  • LongWait2005
    06-30 02:22 PM
    Yes, USCIS works on a weekend if they need money, not when you need them.



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  • grupak
    06-24 11:35 AM
    Time taken for the calls; a few minutes
    Cost to make these calls; a few cents
    The feeling afterwards................PRICELESS!! :)

    That's the beauty of working together. Individual efforts and contributions are small but adds up.

    Participate. Also there is a funding drive. Contribute what you feel comfortable.




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  • mundada
    01-12 04:53 PM
    Here is the history of derivative acts under 14th amendment related to employement:

    14th Amendment of the United States Constitution: guarantees due process and equal protection under the laws.

    The Civil Rights Act of 1866, Section 1981: covers race-based discrimination by employers. Individuals may sue to assert their rights under this Act; which, unlike Title VII, has no limitation on back-pay liability.

    The Civil rights Act of 1871, Section 1983: provides persons who believe they have been deprived of rights, privileges or immunities secured by the Constitution and laws to redress and holds those responsible for the deprivation liable to the person injured.

    Equal Pay Act of 1963: forbids pay differentials based on sex. It covers all employees who come under the Fair Labor Standards Act, plus executive, administrative, professional employees and outside sales people. Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.

    Title VII of the 1964 Civil Rights Act: bans discrimination in employment because of race, color, religion, sex, or national origin. It covers all terms and conditions of employment; and, it holds employers responsible for any discrimination that goes on within the employer's organization. Title VII is administered by the EEOC and covers employers with 15 or more employees.
    Age Discrimination in Employment Act (ADEA): bans employment discrimination because of age against anyone 40 years of age and older, (also know as ADEA). Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.

    Executive Order 11246: requires Federal contractors to include a nondiscrimination clause in all contracts and subcontracts in excess of $110.000 and all construction projects financed, even in part, with Federal funds. Revised Order No. 4 requires a written affirmative action program from contractors with 50 or more employees and contracts of $50,000 or more. This order is enforced by the U.S. Department of Labor.

    Rehabilitation Act of 1973: Section 503 requires employers with government contracts and subcontracts of $2,500 or more to take affirmative action for qualified handicapped individuals. The regulations implementing the Act require "reasonable accommodation" to the physical and mental limitations of handicapped employees and applicants. Section 504 covers the employment practices of all recipients of Federal financial assistance, a broad spectrum of agencies and institutions from private employers operating under a Federal grant, to public schools, colleges and universities. Both Sections 503 and 504 are enforced by the OFCCP.

    Pregnancy Discrimination Act: amends Title VII and states that employment discrimination based on pregnancy, childbirth, and related medical conditions is prohibited under Title VII. According to EEOC, the amendment, which affects those employers under the jurisdiction of Title VII, requires that "persons affected by pregnancy, childbirth, and related medical conditions be treated the same as persons affected by other temporary disabilities."

    South Carolina Human Affairs Law: prohibits discrimination based on race, religion, color, age, sex, disability and national origin.

    Americans With Disabilities Act of 1990 (ADA): gives protections to qualified individuals with disabilities that are like those provided under Title VII. It also guarantees equal opportunity in employment, public accommodations, transportation, state/local government services and telecommunication. ADA is enforced by EEOC.

    1991 Civl Rights Act of 1991: allows employees to seek compensatory and punitive damages and for trial-by-jury. (this amends Title VII.)

    =====

    Now the way I interpret it, the requirement to not discriminate based on place of birth is protected by constitution under 14th amendment.

    The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the proposition that "all men are created equal" by empowering the judiciary to enforce that principle against the states.

    Furthermore, the precedent rulings related to The Civil Rights Act of 1964 indicate how strictly this is interpreted and enforced. For example, in 1974, the Supreme Court ruled that the San Francisco school district was violating non-English speaking students' rights under the 1964 act by placing them in regular classes rather than providing some sort of accommodation for them.

    I therefore believe there is a good chance at the Supreme Court ruling that because of long wait times of more than 3 years for a Green Card plus requirement of same or similar job during that long wait until the green card is received plus country quota affecting people born only in few countries leads to disadvantage for people of these few countries at work.

    And yes, even I took law course and gave a seminar during my MBA. But even you would concur that this course at best is basic and does not make a person authority of the US legal system.

    Finally, forget me or you, even a lawyer cannot say for sure what the final ruling will be in any case. And hence the best a person can do is give an educated opinion. In addition by human nature, the way I would interpret laws would be to my advantage while the way you would interpret them would be to your advantage. And hence I can understand your biases (and mine as well) because in case the country quota is found illegal by the US Supreme Court, it is the ROW that is going to be affected the most.



    Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.



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  • vdlrao
    07-14 11:13 AM
    So far there have been around 100k approvals in EB3 category out of about 170k (unused family visas made available to emploment based category) approvals in employment based category. Out of that EB2 approvals are around 50k only. Now the scenario would be like 100k approvals in EB2 and out of that 50k would be exclusively for EB2 India, leaving very little share to china. Now you could presume how fast EB2 runs.




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  • randomness
    03-20 07:11 PM
    In my case it was a new H1B ... for Company B.

    I hope it is the same with him.

    Thanks for clarifying.



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  • grupak
    06-27 02:15 PM
    ^^^^




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  • vbkris77
    03-05 10:01 AM
    I don't know if we stand a chance to define anything here. But if it is requested, I guess, they should give it. But help with Sorting, Are we asking them the actual list or just aggregate numbers?



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  • new_horizon
    05-20 06:36 AM
    thanks Raj...I am the one you spoke to on the phone from westland.


    Thank you so much guys for your hardwork . I wont be able to make it But just sent a cheque of 250 to local members who are coming to D.C . Thanks again guys




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  • gapala
    03-20 08:14 PM
    Can someone explain me how can i find a H1b is new or transferred?

    I got all my H1B photocopies. Does it(new or transferred) show on H1B Document?

    Thank you

    If its a transfer, your I-94 "number" will be same. Check to see if you have same I-94 number on any or all or atleast 2 of your I-94's including the one which they provided you at POE "across" any of your employers (1, 2 and X).

    You can also check the application receipt date on them.. see if they are around April of those years? Most probably they will be new filings if the receipt date is around April oppose to September or November.

    Hope this helps.



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  • unseenguy
    06-11 06:25 PM
    Totally agree with you. I know guys who worked in production support and QA applied in EB2. At the same time people like me in positions such as Architect went with the ill-fated EB3. It is sad, but is the truth.

    Hate to burst your bubble. But you have an attitude problem. What makes you think that you are in architect position due to your superiority over others? I am also an architect but if the QA guys didnt fix your shit, your bridge would collapse on inauguration.

    Also depends, what are you really doing as an architect? Building a supply chain infrastrucuture for your company?




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  • h1techSlave
    01-13 10:30 AM
    Contact ACLU for this.

    MM Singh daughter is a big shot in it.

    our prime minister wants us to come back to India. So his daughter may not be a good candidate for our GC issues.

    Don't get me wrong, as the prime minister, he is interested in India progressing and using our talent for that purpose, not the US taking advantage of us.



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  • chmur
    11-17 04:32 PM
    a

    please be constructive in your role, we can use your energy and enthusiasm, but an attitude of engagement is critical rather than asking why iv core is not doing this or that.....

    Thanks Paskal,

    I will....and get some work done like setting up the IV-NE yahoogroups, crafting the initial pitch for nebraska members , and get some members recruited etc and will take it from there.


    My only point is, this 1% of active members can politely direct others to state chapters , notwithstanding the frustrating attitude of some of the "Highly skilled"- arm chair critics.




    Thanks




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  • rajuram
    11-14 10:04 PM
    It is 200% certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.

    One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.

    Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.



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  • sanju
    09-12 12:59 AM
    Just reporting what I saw on CNN. During the Sen. McCain interview with Judy Judy Woodruff & Richard Stengel, Richard asked something like - what about the green cards for the highly skilled immigrants educated by American Universities. To this Sen. McCain replied implying - they should be given green cards sooner, I am not sure if they could be given automatic green cards but the process should be faster.....

    He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....




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  • factoryman
    02-13 02:52 PM
    Thanks GCard_Dream.
    Sleuths. Bring out your magnifying glasses, pen-torches. Search the bill and look for 'unused', 'visa' and 'Sch A'.

    This vote is a test only and so no time to relax.

    There goes the supplemental bill and any hopes of getting any relief by Feb 15th.

    http://news.yahoo.com/s/ap/20070213/ap_on_go_co/congress_spending;_ylt=AmFxyhCYs5och8xea1qWeR3MWM0 F

    However, logiclife has indicated that there is a very good chance of CIR being debated in the Senate sometime in March so we should get ready for that now. Folks who were opposed to I-485 provision must be having a great day today. :)




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  • dirtyfellaw2
    06-14 03:11 PM
    The persons have to be in the USA to file 485




    gauravster
    02-25 10:11 AM
    No immigrant Visa is available until the thing is current. From my understanding, Adavnce Parole is not a visa. Quoting from the net.

    "Advance Parole is permission for certain foreign nationals, who do not have a valid immigrant visa, to reenter the U.S. after traveling abroad"




    Canadian_Dream
    02-11 02:37 PM
    Pappu,
    This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?


    Here is an update on Visa recapture from Aman:
    "I know some people ask for achievements of Immigration Voice and comment, sometimes ridicule, that Immigration Voice has not been able to get even one provision in last one year. There are many other organizations working on behalf of various groups. If no immigration provision has passed in more than last one year, does it mean that all those organizations are also ineffective? We all know that this is a world of instant gratification but please understand that there are groups who go to DC to get their issues addressed and they wait for 2, 3 -5 years before anybody would start listening to their issues. You see, just to explain using an analogy, Microsoft is working to get H-1b numbers increased long before Immigration Voice started. If Microsoft has not been able to get Congress to increase H-1B numbers, does it mean that Microsoft is no longer an effective corporation? Likewise, Immigration Voice has made significant progress but due to the political climate and statistical discussion about the undocumented, which of�course is different but an important issue, our provisions are clubbed in the comprehensive bill. If it would have been any other year when Congress was not considering the issue of undocumented or comprehensive immigration reform, advocacy effort of Immigration Voice would have definitely translated all our provisions into law six months back.

    If you want us to get Visa recapture as interim fix, allow me to share with you that as it stands today, it will not happen outside of Comprehensive bill. Infact as it stands right now, even H-1B increase will also not happen outside of comprehensive bill. Reason? Most of the groups and companies have stopped pushing for temporary relief because any kind of temporary relief or interim relief chips away support from CIR and the offices of Senate and House Leadership along with other proponents of CIR have made it clear that any immigration relief has to be a part of CIR and not outside of it. Other companies/coalitions have stopped pushing for temporary H-1B increase as they do not want to be in the bad books of committee chairmen and the leadership offices by trying to sneak temporary relief that divides the supporters of CIR. Leadership wants support for CIR and want all sides to wait for CIR. And not doing so and trying to get interim relief before CIR would put them in bad books of Senate and House leadership, which no one wants coz if CIR fails, then after CIR, these offices will not co-operate with any group that tried to take away support from CIR. So it would be counter-productive politically to do things that take away good stuff from CIR. Also, if you think that any effort in the final week could help in anyway, then let me to share with you that most provisions and their language are decided much in advance and last minute efforts almost never yield any result on the Hill."



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