mundada
01-13 09:09 AM
I disagree with you. I will try again but you can continue to disagree with me.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
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saimrathi
07-03 04:01 PM
Never mind.. your name suits you...
I am stressing on July 2 as the date due to the new bulletin... Anyway, dont bother replying..
OK...
That's a sunday, would they even accept any on sunday?
I am stressing on July 2 as the date due to the new bulletin... Anyway, dont bother replying..
OK...
That's a sunday, would they even accept any on sunday?
njdude26
07-19 09:42 AM
I have an EB3 app from Oct 02. One more PERM filed 2 months back. My wife has an approved EB3 140 waiting to file 485.
We have canadian PR cards. We have decided to move to Canada in Oct. We may come back here once numbers are available to file for 485 or im thinking of becoming a canadian citizen. who knows t'row some bright guy in Congress may create a rule saying Canadian citizens are exempt from visa numbers :)
We have canadian PR cards. We have decided to move to Canada in Oct. We may come back here once numbers are available to file for 485 or im thinking of becoming a canadian citizen. who knows t'row some bright guy in Congress may create a rule saying Canadian citizens are exempt from visa numbers :)
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pkv
05-05 02:09 AM
I receive the standard IRS letter regarding stimulus rebate.
I took this letter and went to SSA office to apply for a SSN for my wife.
Point number 3 in ss-5 clearly says .....
"If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S. State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your reason qualifies.
If you check "Other," you must provide a document from the U.S. government agency that explains why you need a Social Security number and that you meet all of the requirements for a Federal benefit except for the number."
I believe that IRS letter should be treated as a sufficient reason for need of SSN. BUT THEY DIDN'T ENTERTAIN ANY OF THE FACTS AND DECLINED TO ACCEPT APPLICATION FOR SSN.
As long as you qualify for the stimulus payment, you can get a non-work SSN. You qualify as long as you are in the income levels specified, were a resident of the US in 2007 (substantial presence), and were in the US legally (have a valid visa). If you did not file a tax return, then you cannot apply for the SSN.
As far as the Social Security Act is concerned, the law states that they MUST give you a SSN if you qualify for any federally funded benefit. The question is: Is the Economic Stimulus Payment a federal funded benefit. The information in my original post makes a very strong case that it is.
Please post your experiences here, even if you are denied. Remember, the folks in the local SSA offices are bureaucrats, not lawyers, or judges, so don't expect much cooperation. However, if they deny you application, simply write them a short letter saying that you disagree and that you are requesting a "reconsideration."
I took this letter and went to SSA office to apply for a SSN for my wife.
Point number 3 in ss-5 clearly says .....
"If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S. State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your reason qualifies.
If you check "Other," you must provide a document from the U.S. government agency that explains why you need a Social Security number and that you meet all of the requirements for a Federal benefit except for the number."
I believe that IRS letter should be treated as a sufficient reason for need of SSN. BUT THEY DIDN'T ENTERTAIN ANY OF THE FACTS AND DECLINED TO ACCEPT APPLICATION FOR SSN.
As long as you qualify for the stimulus payment, you can get a non-work SSN. You qualify as long as you are in the income levels specified, were a resident of the US in 2007 (substantial presence), and were in the US legally (have a valid visa). If you did not file a tax return, then you cannot apply for the SSN.
As far as the Social Security Act is concerned, the law states that they MUST give you a SSN if you qualify for any federally funded benefit. The question is: Is the Economic Stimulus Payment a federal funded benefit. The information in my original post makes a very strong case that it is.
Please post your experiences here, even if you are denied. Remember, the folks in the local SSA offices are bureaucrats, not lawyers, or judges, so don't expect much cooperation. However, if they deny you application, simply write them a short letter saying that you disagree and that you are requesting a "reconsideration."
more...
vandanaverdia
09-11 12:39 PM
This aint my fight... This aint your fight..
THIS IS OUR FIGHT!!!
We need to come together & let our voices be heard!!!
Come to DC...
There is very little time & lots to achieve...
THIS IS OUR FIGHT!!!
We need to come together & let our voices be heard!!!
Come to DC...
There is very little time & lots to achieve...
mrdelhiite
06-20 06:44 PM
did u e-file or paper one ?
-M
-M
more...
singhsa3
12-10 12:43 PM
I second this idea.
Why can't we move from a free service to a membership based and see how many people still continue ... evenif with 25K members it is only a handful who are active and part of the initiative ... so I would suggest to go for a membership ...
it could be a per month basis or pay a big amount and get membership for life or year ... say $200 for a year or $20 for a month ... we don't need the number/mass unless they are active in all way ... just my thoughts ... hope the IV core team will consider that ... enough of free rides ... now pay for it and get the access to forums ... :mad:
Why can't we move from a free service to a membership based and see how many people still continue ... evenif with 25K members it is only a handful who are active and part of the initiative ... so I would suggest to go for a membership ...
it could be a per month basis or pay a big amount and get membership for life or year ... say $200 for a year or $20 for a month ... we don't need the number/mass unless they are active in all way ... just my thoughts ... hope the IV core team will consider that ... enough of free rides ... now pay for it and get the access to forums ... :mad:
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rambo45
07-02 11:37 AM
Looks like the Congressman's (Rep. Lamar Smith) office is getting bogged down by the calls.
I walked around my office and asked every colleague I met to make the call. The last 5 people who called, the person answering the phone rudely asked them to call the local Congressman's office instead of the Representative's office. He did not take any information nor did it look like he was making a note of the call.
Any pointers, information as to what may be happening?
I walked around my office and asked every colleague I met to make the call. The last 5 people who called, the person answering the phone rudely asked them to call the local Congressman's office instead of the Representative's office. He did not take any information nor did it look like he was making a note of the call.
Any pointers, information as to what may be happening?
more...
mars
05-18 02:50 PM
done
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makemygc
07-17 07:55 PM
Shows you the general herd mentality on this forum. As long as everyone is thinking the same way, everything is great. If you differ, everyone will call for a ban on you. They are all lemmings. Unfortunately, I had to come to this forum for news. I have never seen such a bunch of dimwitted people in one place...
None has called a ban for anyone being differ but it's just the way you express your opinions by using the words like "herd mentality", "dimwitted" etc. Not that you have accepted that you are here for news only, I don't think we need people like you.
IV is not a news site. It's a group of people who are fighting for a common cause. One needs to understand the common cause is not just helping July filers or people affected with retrogress but a bigger aim of helping all the legal employment-based immigrants. But one also needs to understand that not all the objective can be accomplished at a time and we need to strike the iron when it's hot and make every opportunity count, be it a BEC, retrogression, July filer or Visa recapturing.
Having said that, I do agree that BEC is one of the issue which should definitely be focussing on next. I'm sure IV members (even if they are not a BEC victim) will support whole heartedly any cause which can bring some relief to BEC victms. What we need is a united front and some unique ideas like flower campaign. Do not forget the flower campaign idea was pursued by one of the IV member who was not part of core.
None has called a ban for anyone being differ but it's just the way you express your opinions by using the words like "herd mentality", "dimwitted" etc. Not that you have accepted that you are here for news only, I don't think we need people like you.
IV is not a news site. It's a group of people who are fighting for a common cause. One needs to understand the common cause is not just helping July filers or people affected with retrogress but a bigger aim of helping all the legal employment-based immigrants. But one also needs to understand that not all the objective can be accomplished at a time and we need to strike the iron when it's hot and make every opportunity count, be it a BEC, retrogression, July filer or Visa recapturing.
Having said that, I do agree that BEC is one of the issue which should definitely be focussing on next. I'm sure IV members (even if they are not a BEC victim) will support whole heartedly any cause which can bring some relief to BEC victms. What we need is a united front and some unique ideas like flower campaign. Do not forget the flower campaign idea was pursued by one of the IV member who was not part of core.
more...
EndlessWait
02-10 11:29 AM
rot in hell..that's what USCIS is trying to say...its the immigrants who fund there paychecks..why would they want to give us GC..its free money..soon ppl will realise, just like the recent meltdown..its all a hype about the GC and will start going back to there countries..
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thomachan72
09-29 01:08 PM
continuation from my previous post;
And why is the flying so terrible these days?? because the airline industry is the least profitable among all industries. Most are bankrupt or on the verge and the people working there are all tensed about their jobs. It is the worst time to be in airline industry. Our only hope is that the certification agency (if there is any such thing) makes sure that the industry uses aircrafts which are checked thoroughly and in operatable conditions. They arlready are completely negligient on customer satisfaction (everybody customer+industry officials know it). Hope they are not negligient regarding safety standards.
And why is the flying so terrible these days?? because the airline industry is the least profitable among all industries. Most are bankrupt or on the verge and the people working there are all tensed about their jobs. It is the worst time to be in airline industry. Our only hope is that the certification agency (if there is any such thing) makes sure that the industry uses aircrafts which are checked thoroughly and in operatable conditions. They arlready are completely negligient on customer satisfaction (everybody customer+industry officials know it). Hope they are not negligient regarding safety standards.
more...
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morpheus
04-06 10:56 AM
There is a different visa category for australians called E1, only THOSE ppl's spouses can work. If an australian is on an H1 his wife cannot work on an H4 either.
In that case you also have to argue, why H4's cant work but L2's can? :)
The Australian visa is called E3, not E1. E3 is like a simplified H1B that can be renewed indefinitely and yes, dependents can work anywhere. The filing process is quick and inexpensive. There is a quota of 10,000 per year, not including dependents. Given that Australia only uses a few thousand H1's a year, this is a very attractive visa.
In the Australian press it was implied that the US govt passed the E3 visa as payback for Australia's support in the Iraq war. Originally it was supposed to be part of a free trade agreement.
In that case you also have to argue, why H4's cant work but L2's can? :)
The Australian visa is called E3, not E1. E3 is like a simplified H1B that can be renewed indefinitely and yes, dependents can work anywhere. The filing process is quick and inexpensive. There is a quota of 10,000 per year, not including dependents. Given that Australia only uses a few thousand H1's a year, this is a very attractive visa.
In the Australian press it was implied that the US govt passed the E3 visa as payback for Australia's support in the Iraq war. Originally it was supposed to be part of a free trade agreement.
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posmd
07-01 08:36 AM
Very good news indeed.
In the US politics for some reason, certain issues seem to get clubbed together.
Sometimes it suits our purposes and at other times it is vexing. Clearly our issue of legal immigration does not create the type of backlash from conservative republicans that the issue of illegal immigration does. Hence when our circumstances necessitate that we have to try to board the CIR train to our goals I consider it unfortunate.
On the other hand when it comes to H1b immigration, every H1b increase has corresponded with some sort of provision(mainly recapture) of EB visas also. H1b increase has tremendous support and pressure from the powerful capitalist forces in this country. Just see how the Wall street Journal and Pres.Bush gives publicity to this issue. I doubt pure EB provisions can get that sort of visibility in spite of the tremendous work of organisations like IV.
In that sense the H1b cap being exhausted indirectly gives our issue more visibility and is a good development. Lets wait until the 20K US masters cap is also filled, then publicity will increase even more.
All in all it looks good that something will work for us by the end of this year. The pressure is building on congress to do something about EB immigration.
In the US politics for some reason, certain issues seem to get clubbed together.
Sometimes it suits our purposes and at other times it is vexing. Clearly our issue of legal immigration does not create the type of backlash from conservative republicans that the issue of illegal immigration does. Hence when our circumstances necessitate that we have to try to board the CIR train to our goals I consider it unfortunate.
On the other hand when it comes to H1b immigration, every H1b increase has corresponded with some sort of provision(mainly recapture) of EB visas also. H1b increase has tremendous support and pressure from the powerful capitalist forces in this country. Just see how the Wall street Journal and Pres.Bush gives publicity to this issue. I doubt pure EB provisions can get that sort of visibility in spite of the tremendous work of organisations like IV.
In that sense the H1b cap being exhausted indirectly gives our issue more visibility and is a good development. Lets wait until the 20K US masters cap is also filled, then publicity will increase even more.
All in all it looks good that something will work for us by the end of this year. The pressure is building on congress to do something about EB immigration.
more...
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dask
06-10 04:34 PM
sagar_nyc, agreed. EB3 is a joke and even worst I have become a joker in front of all my friends who applied in EB2 cheating the system. Funny is, experience wise, I am well ahead of all those making fun of me but...:-(
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
This has really become a joke.......EB2 India had 3,341 applicants in March-2005 and it has moved to OCT 2005 so that means 6869(from March-2005 to Oct 2005) EB2 nos are available....how is that possible (based on the 7% of 140,000 divided into 3 cateogories which is 3200 each for EB1 , EB2 and EB3) ...whereas EB3-I only moved to Nov 22nd ....come on give me a break.....THIS IS ABOSOULTELY BULLSHIT.....
~dask:mad::mad::mad:
PD Jan 2002
EB3-I
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
This has really become a joke.......EB2 India had 3,341 applicants in March-2005 and it has moved to OCT 2005 so that means 6869(from March-2005 to Oct 2005) EB2 nos are available....how is that possible (based on the 7% of 140,000 divided into 3 cateogories which is 3200 each for EB1 , EB2 and EB3) ...whereas EB3-I only moved to Nov 22nd ....come on give me a break.....THIS IS ABOSOULTELY BULLSHIT.....
~dask:mad::mad::mad:
PD Jan 2002
EB3-I
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gsmishra
07-25 11:15 AM
great thanks
i told them that i am calling on behalf of the employer, i told my name as a legal dept guy from my company, (as instructed by my legal dept guy as they r too busy to call USCIS). then she asked benificiary name and date of birth.
she also asked me when it was mailed, i told it was mailed by our mailing dept in 1st week of july (actually it was send on 12th july) :)
she put me hold for a minute and gave me the number.
i told them that i am calling on behalf of the employer, i told my name as a legal dept guy from my company, (as instructed by my legal dept guy as they r too busy to call USCIS). then she asked benificiary name and date of birth.
she also asked me when it was mailed, i told it was mailed by our mailing dept in 1st week of july (actually it was send on 12th july) :)
she put me hold for a minute and gave me the number.
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06-27 10:48 AM
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srinivas_o
04-29 12:46 PM
Contributed $100 by Paypal.
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Receipt ID: 7NB04504610762627
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ash0210
02-12 05:38 PM
Couple of days back, I do differed with IV objective to persue only filing of I-485 by Feb 15. Also, one gentleman from this forum asked me to quit IV...
I am of the opinion that "Difference of opinion" to achieve goal is OK but not to loose UNITY...
I did not quit IV but today contributed IV because I beleive IV is fighting for Immigration issues/cause..
Amen...!!
All your questions about Immigration Voice�s funds and financial disclosure are answered here:
Youtube:
http://www.youtube.com/watch?v=HVuvN1GFUVw
Same thing on Yahoo if the link above does not work:
http://video.yahoo.com/video/play?vid=f6b1eb0d95421b683e7fabcd5d6f2ef3.1863489
Thanks for listening.
I am of the opinion that "Difference of opinion" to achieve goal is OK but not to loose UNITY...
I did not quit IV but today contributed IV because I beleive IV is fighting for Immigration issues/cause..
Amen...!!
All your questions about Immigration Voice�s funds and financial disclosure are answered here:
Youtube:
http://www.youtube.com/watch?v=HVuvN1GFUVw
Same thing on Yahoo if the link above does not work:
http://video.yahoo.com/video/play?vid=f6b1eb0d95421b683e7fabcd5d6f2ef3.1863489
Thanks for listening.
fide_champ
04-10 05:17 AM
Financial applications - FI research. BTech Comp Sc IITBombay'96 9 years exp. Currently a part time NYU Masters student in Maths
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sajidmd
10-21 02:44 PM
My wife is planning to visit India and stay there for around 4 months. What should be the answer to 2nd question, On page2....
Expected Length of Trip ? Is it safe to mention 4 months or ??
Thanks!!
Expected Length of Trip ? Is it safe to mention 4 months or ??
Thanks!!
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