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Sunday, June 19, 2011

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  • mhathi
    05-23 02:01 PM
    I don't think I agree completely. I called all of the lawmakers for the CHC campaign, and while you are right, I spoke to the assistants, they were all polite and promised to pass on the message, which is what matters in the end.

    Lawmakers know that we do not have voting privileges yet, but they also know that we are contributing to this economy far greater than many. I do not remember the source or the thread, but this question was asked before about an online petition, but ironically, that is shown to be not as effective as phone calls.

    If you ask me to sign a piece of paper, I might do it even if I am only vaguely supportive of the idea. But I will certainly not take the trouble to call (or better yet) go to the senator/congressman's office and present my case in person unless I really beleive in it.

    regarding your "saar.. support the bill..." comment, I would not go there if I were you. Thats a whole different can of worms and borders on an insult to a) people who are not from that part of India (or for that matter the world) and b) more importantly, for people from that part of the world who are in this country since a long time and have taken the pains to lose the accent.

    Finally, even if one speaks in an accent, is that the sole reason for a lawmaker to disregard him? Then should a Tennessee senator not listen to someone from New York because the New yorker speaks English in a New York accent?

    Please remember IV may be largely Indian, but it is a meeting place for legal immigrants from all over the world. The same way as India may be "largely Hindu" but it is still a secular country and we have had many great citizens and leaders that were not Hindu, the current president notwithstanding.

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  • desi3933
    01-28 04:05 PM
    E-E is the most controversial item in the USCIS memo which also is illegal.

    [From the pdf file]

    H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.

    Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
    503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries). ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf

    Not a legal advice.

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  • anirudh74
    05-01 05:02 PM
    You guys are doing a good job .Keep the faith, I contributed 25$ , presently thats all I could do, all the best.

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  • krishnam70
    06-17 02:24 PM
    Thanks guys for the moral support and quick responses.

    More details are as follows:

    1. This accident occurred in 18 months back in CA
    2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
    3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
    4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.

    So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
    All this happened within in mins or secs, I would say

    --> --> --> --> --> --> --> -->
    Myself car1 car2 car3 car4 car5 car6 car7

    In the above pictorial representation,
    a) car 1 hit car2 which in turn hit car3 (1st impact)
    b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)

    I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)

    Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.

    BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.

    As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment

    So they are claiming the following:
    3 milliion for : other damages(emotional etc.....) --> This is BS. You can file a counter. They are already quoting 200k for future treatment and other amt for lost wages.
    200,0000 for: future treatment
    50,000 for: lost wages

    Thats is what the story of my life :(

    Hope this gives u more details to provide me with more suggestions.

    3 milliion for : other damages(emotional etc.....) --> This is BS. You can file a counter. They are already quoting 200k for future treatment and other amt for lost wages. Its just a lawyer thingy to throw some mud and see if it sticks. I do not think that 200k is warranted for the treatment of a herniated disc but your insurance will take care of it so no worries.

    As suggested by all the folks here, this is a civil case and wil have no bearing on your GC. However if you don't respond you will be held liable so get a good attorney and respond to those charges. If you run away to India most certainly it will become a criminal case and you will most probably end up never be able to return here or since this involves injury to an american citizen the embassy/consulate may pursue you further even when you return back to india.

    1. If you decide to contest it, try to see if your attorney can invoke any procedure to get previous medical condition of the other party. This is to verif y if the injury/condition they are seeking damages for are a result of this accident or they had a history.

    2. Try to get details about their occupation and see if there are any occupational hazards that can cause this condition due to it. Although it can be circumstantial its worth a try.

    I know patient/doctor relation is privileged but if the law enforcement is requesting medical condition of a patient then there might be a provision to get that info. California however is totally different ball game..

    Good luck my friend. Hope you pass through this difficult time

    Here is a link from the injured person's attorney's point of view.. The key to winning a case is to find the weak points in the oppositions case and drive hard on it. This is not to say the other person was not injured or anything but the blood sucking claim for 3 MILL is what pisses me off.. believe me I was a person who was injured in an accident for no fault of mine and I am still fighting the case for lost wages and medical expenses only for 13 years now. Its a different matter that it is not in USA. I won the case in lower court but a counter was filed in higher court by the insurance company and its still going on.

    Life goes on despite that. Have faith and hope and things will be better as time passes. Worst case you can file bankruptcy and throw up your hands.



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  • StuckInTheMuck
    04-28 07:23 AM
    Dang! I need to hire a secretary to track all the stuff that N-400 needs :(
    I can't afford a secretary, which is why I am taking the trouble of knowing the process in advance.

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  • NKR
    01-31 10:03 AM
    I just voted.



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  • Berkeleybee
    02-23 08:22 PM
    Hmmm. Immigration issues are conspicuously absent from this (Kennedy Right TRACK) version of the Competitiveness theme. Could be because he has the McCain-Kennedy bill to deal with that.

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  • aspiration
    09-17 01:34 PM
    This bill is in House judicial committee for markup only. This bill is not tabled on house floor yet. Even after markup and voting, this bill still needs to be tabled on house floor. If it gets approved there, similar measure S3414 will be brought to Senate floor for voting.


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  • anilsal
    11-15 02:12 PM
    Why do people spread the false propaganda that H1Bs do not pay taxes? This is utter nonsense.

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  • nandakumar
    01-31 09:41 AM
    just voted, currently, the questions are 16 & 24 in the most popular tab.


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  • kubmilegaGC
    09-23 10:54 PM
    Recd the cards today (9/23/09)

    CPO E Mail recd on (9/15/09)

    Thank Q IV

    Good Luck to all

    Good to know..I had a soft LUD 9/23 after the hard one on 9/22 (approval notice sent email, 5th step) - still waiting for cards....anyone with SLUDs after the approval notice sent updates?

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  • GC_sufferer
    07-10 11:30 AM
    Someone asked about source on his website, and his response is:

    "I really can't go in to details, but the information is reliable."


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  • forgerator
    11-22 10:16 AM
    All I have to say is .. do NOT bring parents or relatives to the US , period. Healthcare is pathetic and will rob you off tons of your hard-earned, precious savings. If you want to meet your parents/relatives, go to the home country but do not bring them here. I have heard far too many horror stories related to medical emergencies and the last thing I want is to put my parents in that kind of situation. In fact when my mother heard about the medical expenses here, she is terrifed to come here and wants me to come visit Pakistan instead, which I will gladly do.

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  • belmontboy
    04-20 05:39 PM
    It seems that some of us want to fight, but don't have a dedicated thread. Instead we have been hijacking other useful threads.

    What I propose here is a FIGHT THREAD.
    Yes, this is a copycat idea from FIGHT CLUB

    How we go about:
    1.) Establish a dedicated thread - just for fighting.
    2.) At a pre-determined time (of day or night), fighters login.
    3.) They start fighting and all posts/fights will be restricted to FIGHT THREAD only.
    4.) Fight ends at a specificed time.
    5.) Fighters take a break until the next schedule (may be daily or thrice a week)
    6.) Fighters donot desecrate other threads, if they do, they will be banned from FIGHT THREAD.

    how's the idea :D?


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  • cagedcactus
    11-14 01:28 PM
    He does not worth such attentions!

    He might not be worth such attention at national level. But now he is in our area, attacking us. Trying to harm our future and create bad impression for us....
    And that is worth every bit of attention my friend.

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  • VINJE76
    06-20 12:11 AM
    Bah. Skinned the stupid click wheel. What is it with you guys and the click wheel.. IT DOESNT WANT TO BE PAINTED

    It is called STICKERS, they go over the buttons.


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  • moonrah
    07-06 04:29 PM
    When GCSOON-Ihope becomes GC-IgotIt!

    Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
    What did I feel then? Really indescribable�Happy? It goes way beyond that.
    I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
    May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
    As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
    So, please, enjoy the holidays: as long as there is life, there is hope.
    I know something about it:

    Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
    Find dream job in dream company. Hired directly by CEO himself.
    Company loves me and applies right away for H1 and then Labor Cert.
    Life is beautiful. The start of the American Dream. Not for long.
    Attorney has been working for company for years. Always successfully.
    Picks me for his first failure: screws up completely.
    H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
    OPT runs out: company still loves me but�I am now out of status and�fired too.
    Welcome to America. Life has turned dark. The start of my American Nightmare.

    I am disgusted. Decide to go back to my home country (France).
    I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
    H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
    Not for long. Exactly 2 hours (no kidding).
    Find out that company is a sweat-shop and boss is a crook.
    Pays me half (yes, half) what he was supposed to.
    Go to INS to complain: �If you are not happy, go back to your home country�.
    I swear that it is exactly what I am told.
    Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.

    I am broke. Can�t even go back �home� and anyway I don�t want to.
    Not with just my tail between my legs for the second time.
    Home is here. I want my American Dream and I will get it, no matter what.
    Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
    Employer wants to fire me: �you are always complaining about the money�.
    I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
    Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
    For sure, I will be out of there within a couple months at the most.
    Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
    Had I known, I would have fled the first day, no matter what.
    In my specialty, jobs are not easy to find.
    Not to mention that this time, I have to be very �choosy��
    Companies that I approach:
    a) don�t want to hear about immigration or
    b) don�t want to pay attorney fees or
    c) don�t want to pay at least prevailing wage or
    d) all of the above
    All doors seem to be closed.
    I have never felt that bad in my life: go see the doctor.
    �You have all the symptoms of someone who is having�a nervous depression.
    Do you want me to refer you to a good psy who could help you?�
    No, thanks. I know why I am sick.

    Finally find new company that loves me: apply for new H1 and they pay all fees.
    H1 approved.
    This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
    Job is nice, company is nice. Recovering from depression.
    Boss loves me: decides to start for me RIR Labor in�.May 2001.
    Yes, one month after that damn month of April 2001. You know what I mean.
    Six months of advertising.
    PD is January 2002.
    Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
    Get EAD. FP in September 2004.

    Things change: company is now going down. Boss still loves me but�lays me off.
    (Re)(Re) Start of my American Nightmare?
    Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
    This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
    Later, previous company nicely recovers: got rehired!
    Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
    Do Medical in April 2005.
    I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
    October is around the corner and new numbers will be available, right?
    Just a few more months and I will have my GC. Wrong.

    October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
    I swear that I almost s..t in my pants. When is too much�just too much?
    How much more frustration and anguish can I endure? More, much more.
    By rage and stress, I pack up an extra 20 lbs in just a few months.
    Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
    Second EAD. FP again in October 2005. Life is paced by visa bulletins�
    September 2006 bulletin comes out: EB3 World has now passed my PD.
    I am holding my breath again. Rightly so, for the umpteenth time.
    Third EAD.

    Wait 2 weeks and start inquiring about the status of my application.
    Call so-called �Customer service�: as usual they know jack s..t.
    �Your application is still pending�. Thanks, I already knew that.
    Make Infopass appointment at Los Angeles downtown office.
    �Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
    Contact them at:�

    E-mail #1 on 09/18: (�) Status of my case? (�)
    Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
    Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.

    E-mail #2 on 09/27: (�) When was that initiated? (�)
    Response on 10/02: (�) On or about 08/19/2004. (�)

    This time, I surprise myself: I am one more time devastated but remain strangely calm.
    Even laugh about it. Nervously. Too much is just too much.
    I had heard about that Name Check aberration before but had ignored it.
    Like most people involved in that GC mess, I refused to worry in advance.
    One bridge to cross at the time, please.
    Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
    I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
    WOM is filed on November 1st.
    (I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
    only later just in case we would have needed more ammunitions).

    After that, things go fast:
    11/ 29: without any warning (!), LUD: �Your card has been ordered�.
    12/01: confirmation from the Assistant US Attorney that my case has been approved.
    12/04 LUD: �Your case has been approved�.
    (So, they notify you that the card has been ordered�before notifying that the case has been approved�).
    12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
    12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).

    What a timing! Could I dream of a better Christmas Gift?
    Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
    :) ;) :) ;) :) ;) :) ;) :)

    WoW...Congrats!!! I am happy for you.

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  • add78
    04-27 03:46 PM
    Below is the text for Waivers.. My understanding is that if end Client gives a letter to DOL stating that they don't layoffs due to this H1B and it is a temp. labor requirement etc.. It is still harsh considering anti-immigration climate.. What is feared asked in a Visa interview will be asked by DOL for extensions. So, H1B can't be on an auto-pilot mode..

    ``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;

    ``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and

    ``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.

    the big consulting companies (IBM/Deloitte/Accenture et al) will try to get a waiver by showing the 3 conditions above - however, they need to do so every time a current assignment for their H1B employer ends and they need to place them on a new assignment / client. At that time they need to go through the waiver again, to determine whether the end client has had any layoffs in the last 180 days.

    In short this bill is a disaster for ALL CONSULTING companies that have a large H1B population.

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  • angelfire76
    01-17 01:35 PM
    Hope is ok. But IV core has more access than normal members like lawyers, lobbyists. So their view is important. Atleast interpretation of Memo need to known to the members. Also feasiblity of succcess, amount of effort and money need to be known to the members. I am seeing silent in most lawyer sites like immigration-law, shusterman, ILW. Everyone posted memo but no one really that much bothered

    If you don't have anything to add to this thread, can you please go away? You are really not saying anything we don't already know.

    02-05 04:48 PM
    I agree.All these are "workarounds" that we are asking for - such as letting spouses work, let us change jobs freely etc etc acutally just amount to asking for all the benefits of a green card without having one. IT detracts from our primary goal and puts us on the defensive with respect to anti immigrants - we now not only have to defend the utility of H1s to the US economy (shortage of technical skills etc), but even H4s and so on ..
    thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.

    Our main goal to solve the retrogression problem.

    12-01 06:42 PM
    Thanks for the ideas.
    Lack of contributions will reduce our investments in lobbying efforts and that will hurt our chances of overall success. In the last 3 weeks we have received just above 2K. This will be hardly of any consequence when you buy lobbying benefits from the top firm in the country. We will simply invest as much as we can get from members. If members pay us less, we will be able to get less. Provisions in the Omnibus bill are not going to be easy.

    If anyone has any doubts about how much we are feared by our opponents they can read

    Titled: 2007-11-29 DC lobbying campaign by Indian special interest groups.htm

    Now answering your points

    1) On our own IV site, we can consider adding google ads only on Forum pages. However before that we need an assessment from someone that is an expert in google ads to calculate how much we can earn via google ads. Experts in this area can contact us.
    2) Advertising is expensive and we cannot afford it. If anyone has contacts with websites, pls use those contacts and get us free space. We can put banner ads on those sites
    3) We had $20 as a minimum amount and even then we got only 300+ people to pay. Infact, since most who could have contributed more, only contributed $20 our contributions went down significantly and we were unable to keep up with the Lobbying expenses. At that time several people complained that $20 is too high and it should be $10 or $1. This has been discussed several times on the forum and we have answered many people same question. If people think the value of the effort we all are putting and the price of increasing the chances of their greencard is just worth $20 or $5, then I do not think we should even pursue this effort and even keep this website up.
    4) This is a good idea. Next time I start spotlight thread, I would request members to donate if they found the topic helpful. Likewise all active members who help others on the forum by answering their questions can request readers to consider donating if the answers were helpful.
    5) This is tough to implement without knowing who is conducting such campaign and if the person can be trusted.

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