pappu
07-01 10:23 PM
QUESTIONNAIRE FOR POTENTIAL PLAINTIFFS
USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
Please be sure to include a copy of the following with this questionnaire:
• Completed I-485 as submitted to USCIS, and any cover letter sent with it;
• Evidence of method and date of mailing (USPS, Fed Ex, etc)
• A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
• USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
Date questionnaire is completed:
Completed by:
Attorney Contact Information:
Name
Email
Firm
Address
Telephone
Fax
Adjustment Applicant Information:
Name
Address
Phone
Email
Nationality or citizenship
Adjustment Application Filing Information:
Date adjustment application was submitted to USCIS and method of submission:
Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
What was the employment-based immigrant category under which the adjustment application applied?
USCIS rejection of the adjustment application:
Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
If yes, please explain in detail:
Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
2
Harm to adjustment applicant:
Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
Please return this form and documents by email or fax to:
visabulletin@ailf.org
or fax (202) 742-5619 attn. AILF LAC
USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
Please be sure to include a copy of the following with this questionnaire:
• Completed I-485 as submitted to USCIS, and any cover letter sent with it;
• Evidence of method and date of mailing (USPS, Fed Ex, etc)
• A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
• USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
Date questionnaire is completed:
Completed by:
Attorney Contact Information:
Name
Firm
Address
Telephone
Fax
Adjustment Applicant Information:
Name
Address
Phone
Nationality or citizenship
Adjustment Application Filing Information:
Date adjustment application was submitted to USCIS and method of submission:
Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
What was the employment-based immigrant category under which the adjustment application applied?
USCIS rejection of the adjustment application:
Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
If yes, please explain in detail:
Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
2
Harm to adjustment applicant:
Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
Please return this form and documents by email or fax to:
visabulletin@ailf.org
or fax (202) 742-5619 attn. AILF LAC
wallpaper Fly.
GCanyMinute
08-02 02:42 PM
Hey BumbleBee ! Thanks a lot!!
Now I clearly understand even though it is not good news :( since people from the backlogs centers are getting their LC approved with a PD prior than mine !!!
Anyways I can't complain right? i still can renew my EAD and travel documents so I guess my turn will come soon...hopefully!! :D
Thanks for helping me.
Now I clearly understand even though it is not good news :( since people from the backlogs centers are getting their LC approved with a PD prior than mine !!!
Anyways I can't complain right? i still can renew my EAD and travel documents so I guess my turn will come soon...hopefully!! :D
Thanks for helping me.
smartboy75
07-11 12:47 PM
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
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vine93
03-18 02:14 PM
I booked for myself . Need sufficient miles for one person .He has participated last year too.
more...
Abhinaym
09-10 11:22 AM
This is taken from the chat page:
To access this area you must have: a.) Over 50 posts b.) Over 30 reputation points
Right! Then it means 30 reputation points and not dots!
Thanks for that.
To access this area you must have: a.) Over 50 posts b.) Over 30 reputation points
Right! Then it means 30 reputation points and not dots!
Thanks for that.
chanduv23
11-22 01:33 PM
I dont think that is correct - as per my lawyer this is what she says -
In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:
1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job
If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.
So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".
Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.
Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.
In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:
1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job
If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.
So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".
Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.
Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.
more...
Lasantha
03-19 01:30 PM
Thanks for the info!!
I called USCIS this morning and the lady took 3 mnute to explain me why the delay was happening. She mentioned that they will conduct a sweep on Fri Apr 4th to determine the I-485 cases in light of new visa bulletin and that cases will be assigned to IOs by Mon Apr 14th.
Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
I will call again on Apr 4th and keep the forum updated.
I called USCIS this morning and the lady took 3 mnute to explain me why the delay was happening. She mentioned that they will conduct a sweep on Fri Apr 4th to determine the I-485 cases in light of new visa bulletin and that cases will be assigned to IOs by Mon Apr 14th.
Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
I will call again on Apr 4th and keep the forum updated.
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sugaur
08-22 09:50 AM
This person is a racist who thinks we are all "Middle Eastern" who want to blow things up here. She prefers we all go back "where we came from". Read her previous post. She feels she is "owed" a green card even though she broke all the rules. Why are you guys trying to help this person? Isnt it a crime to try and help a person evade immigration laws?
more...
swede
09-19 02:33 AM
Thank you IV and all volunteers that made this rally happen. It was very well organized and I really enjoyed being part of it!!
I really liked Murthy's speech. Short and to the point. "Legal" is the key.
I also liked Mark's little comedy act.
(Wish more would have shown up to show their support, but I guess some people are content waiting 10 or more years for their GC.)
Suggestions for improvement to next time:
1. I liked that the Chinese group joined the rally, but I didn't like their speaker. He was only talking about Chinese and Indian joining forces, and then making some kind of joke about IC chips are only made by Indians and Chinese. It's ok if you want to be an Indian/Chinese-only group, it is your choice. But if you want to change something about your green cards, you will fail with that attitude. You need to attract and change things for EVERYONE, or no one will listen to you. (If you want IV to be for everyone, IV needs to be more clear on that. There are so many Indians on the forums that ppl might think it is only for Indians.)
2. Minor things... Good job on the signs(!), but there were too many of them. Half would be enough. People had trouble focus on them.
Also, keep the message short. Max a few words. No one can, in a few seconds, read a moving sign containing 4 lines of text with 5 words on each, on an unknown subject. The poor people who tried to read them looked like near-sighted old men. Short and big letters is better. "Shorter wait for legals"
rather than
"Reduce the backlog for highly-skilled legal immigrants so we can live the American dream and not wait for 10 years"
But all in all, I was amazed how well everything was planned. The state flags was a nice touch. Flowers too. Water for the participants. Great! Even the nice DC cops blocking the roads for us seemed very happy with us. Following the law is what legals do...
I really liked Murthy's speech. Short and to the point. "Legal" is the key.
I also liked Mark's little comedy act.
(Wish more would have shown up to show their support, but I guess some people are content waiting 10 or more years for their GC.)
Suggestions for improvement to next time:
1. I liked that the Chinese group joined the rally, but I didn't like their speaker. He was only talking about Chinese and Indian joining forces, and then making some kind of joke about IC chips are only made by Indians and Chinese. It's ok if you want to be an Indian/Chinese-only group, it is your choice. But if you want to change something about your green cards, you will fail with that attitude. You need to attract and change things for EVERYONE, or no one will listen to you. (If you want IV to be for everyone, IV needs to be more clear on that. There are so many Indians on the forums that ppl might think it is only for Indians.)
2. Minor things... Good job on the signs(!), but there were too many of them. Half would be enough. People had trouble focus on them.
Also, keep the message short. Max a few words. No one can, in a few seconds, read a moving sign containing 4 lines of text with 5 words on each, on an unknown subject. The poor people who tried to read them looked like near-sighted old men. Short and big letters is better. "Shorter wait for legals"
rather than
"Reduce the backlog for highly-skilled legal immigrants so we can live the American dream and not wait for 10 years"
But all in all, I was amazed how well everything was planned. The state flags was a nice touch. Flowers too. Water for the participants. Great! Even the nice DC cops blocking the roads for us seemed very happy with us. Following the law is what legals do...
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uma001
03-20 09:13 PM
Send me I'm. My prev post was deleted by mod becos they won't allow other websites to be published here
more...
nomi
12-12 07:13 PM
nomi,
I am very surprised that there is not as much interest in this thread as I had expected but you are doing great in trying to explore this avenue. I wish I had some of the answers. Keep up the good work.
I will look into it. I think everyone should look into it and try to find some solution. All IV member sends so many fax to US Senate and called all Senators which was good effort from all of us. Now if we send six thousands fax to USCIS same day...Don`t you guy think that USCIS will notice our problems and discuss them in their enternal meeting and ask US Senate or Congress to discuss this issue as early as possible. I know IV is doing great job and I am with IV but all I am saying we should put some pressure on USCIS too so they can see we are in pain and they do their job to get us some relief.
If we do this then , USCIS will also support us too since we are right and we are asking some relief about green card.
Guys come on ...Think about it too. We can do it if IV approve it and everyone help. We should bother USCIS too about our issue so they can contact lawmakers and tell them about our pain. No body care if we don`t speak up.
Please tell me if we send 6000 fax same day don`t you think we will be in IV will be in headline and if we keeping doing same thing then some one will listen our issues and give us some temp. relief.
Please come and Take the lead in this regard and Request USCIS to give us some temp relief because there are lot of people and families suffering coz of this.
Please stop predicting Visa number everyone and deal with reality and stand up and speak about ou issue.
Tell me what don`t you guys think ??
thx.
I am very surprised that there is not as much interest in this thread as I had expected but you are doing great in trying to explore this avenue. I wish I had some of the answers. Keep up the good work.
I will look into it. I think everyone should look into it and try to find some solution. All IV member sends so many fax to US Senate and called all Senators which was good effort from all of us. Now if we send six thousands fax to USCIS same day...Don`t you guy think that USCIS will notice our problems and discuss them in their enternal meeting and ask US Senate or Congress to discuss this issue as early as possible. I know IV is doing great job and I am with IV but all I am saying we should put some pressure on USCIS too so they can see we are in pain and they do their job to get us some relief.
If we do this then , USCIS will also support us too since we are right and we are asking some relief about green card.
Guys come on ...Think about it too. We can do it if IV approve it and everyone help. We should bother USCIS too about our issue so they can contact lawmakers and tell them about our pain. No body care if we don`t speak up.
Please tell me if we send 6000 fax same day don`t you think we will be in IV will be in headline and if we keeping doing same thing then some one will listen our issues and give us some temp. relief.
Please come and Take the lead in this regard and Request USCIS to give us some temp relief because there are lot of people and families suffering coz of this.
Please stop predicting Visa number everyone and deal with reality and stand up and speak about ou issue.
Tell me what don`t you guys think ??
thx.
hot chobits wallpaper.
wizpal
08-15 09:52 PM
Guys,
Dont get too excited..All the statistics are pointing to a painful wait if your PD is 2004 or later for EB3 and 2005 or later for EB2. I have been in this mess for enough time(5+ years). July 2 fiasco(Flower compaign, San Jose rally, and class action suit) did wonders for us. Our issues got a lot of attention with some prominent congressman(Zoe, Cornyn, Spector, etc..). and media.
I have a hunch..if the turnout for DC rally(SEP 18) is huge, we could get a lot more attention from congress and we may get some immediate relief. We have the momentum. Keep up the spirit and show up in huge numbers. Lest..believe me, u r in for a long wait and uncertainities like tracking receipts, name check, h1/EAD renewals and so on
--------------------------------------
Be the change u want to see in this world.. Mahatma Gandhi.
Dont get too excited..All the statistics are pointing to a painful wait if your PD is 2004 or later for EB3 and 2005 or later for EB2. I have been in this mess for enough time(5+ years). July 2 fiasco(Flower compaign, San Jose rally, and class action suit) did wonders for us. Our issues got a lot of attention with some prominent congressman(Zoe, Cornyn, Spector, etc..). and media.
I have a hunch..if the turnout for DC rally(SEP 18) is huge, we could get a lot more attention from congress and we may get some immediate relief. We have the momentum. Keep up the spirit and show up in huge numbers. Lest..believe me, u r in for a long wait and uncertainities like tracking receipts, name check, h1/EAD renewals and so on
--------------------------------------
Be the change u want to see in this world.. Mahatma Gandhi.
more...
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va_dude
03-19 08:44 AM
Guys... can we drop the whole discussion about this guy's name.
It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.
It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.
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uma001
07-29 05:11 AM
A sure invitation for defamation suit. Good luck.
There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.
There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.
more...
pictures Chobits Wallpaper
sri1234
05-27 11:44 AM
I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?
I think American Citizens Drivers Licence do not have "Status Check" date where as Non-Immigrants have it.
I think American Citizens Drivers Licence do not have "Status Check" date where as Non-Immigrants have it.
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thesparky007
02-14 07:24 PM
i dont even have a 3d application to try
i would if i had 1
sorry
hehe
i would if i had 1
sorry
hehe
more...
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reddy_h
08-15 02:41 PM
I don't think anybody would be interested in Sep visa bulletin as everything is expected to be 'U' for EB categories. The Oct bulletin would be more interesting. There are some predictions already that it would be similar to visa bulletin for Jan 2007.
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BECsufferer
02-13 06:52 PM
FYI .. This post is what I received in e-mail few days back.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
Dude;
This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!
So thank God this is happening and hope USCIS does good job this time.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
Dude;
This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!
So thank God this is happening and hope USCIS does good job this time.
hairstyles Chobits Wallpaper at 800x600
pitha
06-30 10:05 PM
I think fedex does some same day delivery service from some cities, I called they had that service from my city, you might have to give the package very early like 4 or 5 am on monday, call 1800-go-fedex for details
i don't think they accept anything on sunday to deliver on Monday. You can call fedex cust rep and find more.
i don't think they accept anything on sunday to deliver on Monday. You can call fedex cust rep and find more.
coolmanasip
03-10 01:05 PM
Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....
SunnySurya
07-28 12:21 PM
No, you won't be banned from IV. You just will be banned from this country.
And by the way, the thing you were trying to do is not protected by "the first amendment"
So I cannot even speak on IV and even little I defended my religion, I will be banned from IV? Freedom Of Speech
And by the way, the thing you were trying to do is not protected by "the first amendment"
So I cannot even speak on IV and even little I defended my religion, I will be banned from IV? Freedom Of Speech
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