Thursday, June 16, 2011

chicken coop plans

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  • msgrewal81
    02-18 04:45 PM
    Sorry guys, I misread somewhere.:D

    What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.





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  • crazyghoda
    01-30 01:40 PM
    Not sure yet...... its not something I expected to happen given the retrogression.

    Would the USCIS accept a future dated offer letter? Say a couple of weeks or months from now? Or do I need to have a current job? What about paystubs? If I manage to start somewhere but dont manage to get a paystub by the RFE response date, is that ok?





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  • hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....





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  • meridiani.planum
    03-07 05:32 PM
    Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.

    When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.

    This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.

    Employer still has two incentives to revoke I-140:
    * outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
    * leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.



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  • bala50
    12-20 06:02 PM
    I was under the impression that 10 - 15 days gap or 1 month gap can be justified as vacation or sick leave as long as "employer - employee " relations exists (not terminated by the employer). One whole year cannot be justified under this.





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  • gsc999
    04-23 10:44 AM
    This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this.
    Many thanks to gsc999 for bringing a banner and wearing IV T shirt
    ---
    Pappu, thank you for your kind words. I just had the T-shirt. Canadian_Dream brought the banner. Canadian_dream has been a very active member behind the scenes. Both of us coordinated this effort so that we could share the work. Next time we promise to be better prepared.

    Go Northern California Group, Go IV!



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  • logiclife
    12-20 05:50 PM
    If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.

    If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.


    Relax !

    Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

    Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.

    Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?





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  • obviously
    07-13 10:17 AM
    Permit me to call out the grossly misguided emotions I've seen in this thread.

    We have a co-alum of the DHS Secy sending a detailed, cogent and EASY TO READY letter pleading for our cause and yet we diss her.

    Sheela Murthy might be different things to different people. Reality is that she is agent of capitalism JUST AS WE ARE. Then, why take a holier than thou attitude and arbitrarily attribute nefarious intentions to her actions?

    This shallowness illustrates the deep void in vision and a decidedly insular world view.

    I would urge IV members to THANK Sheela Murthy for her cogent articulation of the human impact of this disastrous situation and ask her to continue to support the cause through various means.

    And by the way, I am NOT a client and that should make no difference in the quest for objective realization that there are shared interests at play.

    However, I AM a trained negotiator and conflict mediator (apart from being a co-author of a mediation model) and hence from that perspective would aver that such realization of shared gains are what ADD VALUE to a discussion.

    Cheers!



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  • gc28262
    08-11 05:07 PM
    August 15th being Independence day.

    In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is

    Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)

    I will be there and make sure the voice is heard. Do we have any standard document or something.

    I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...

    Just my thoughts...

    Contact Starsun
    ivcoordinator @ gmail.com





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  • slowwin
    02-18 04:26 PM
    this bill would allow to adjust status to GC, if you lived for the last 5 years continuously except for casual absence. It does not eliminate H1B, but makes it tougher at advertisement stage for EB.



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  • retrohatao
    02-18 11:58 PM
    WaldenPond,
    It is an interesting post.
    I am quite sure you by this time know that "the security clearnce" has become the most secretive processes in the GC process. You were right when you have mentioned people would like to get to the next process. Yes, I was of the opinion that the labour clearance was the only hurdle in the GC process. When my I-485 was current and my case was not cleared than I realized how serious the "security clearance process" was. Interestingly many people have been stuck in the process. (Please take a look at the link I have posted.) None of the people could successfully find a way out. Comparing the "Name check process" as a "case to case" process is bit a "over-statement". In the cases you have mentioned, atleast you have an option to contact USCIS. USCIS has an obligation to respond with in a specified time period. But in case of "Name Check process" as you might have already found , one may not expect a response from FBI. Its plain and simple. If my name is stuck in the "security clearane", I would like to know what for ( just like the RFE sent by USCIS). I may provide some information that could clarify their doubts or atleas can provide them to check certain facts to check the veracity

    As related to working on the issue, yes I can definitely work on the issue to the best of my ability.There are some constraints due to the Job I am in, however I am willing to do whatever possibly can be done.





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  • ajju
    01-18 08:01 PM
    Based on your state law, you may be required to carry your original DL and not copies.


    I was talking about copy of EAD instead of original card.. But you made a valid point that EAD is not proof of immigration status... But then what is proof of Legal Status?? If you are on EAD.. you may not've H1...

    Also carrying original EAD all the time is not a good idea... If you lose it.. it will take months to replace it... Not sure if during this.. you can work or not... Personally I was asked to show passport only once.. when driving through Texas by US Army... Within your state it may be okay if your DL is close to real ID... But still this is a confusing topic...



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  • jelo
    04-09 11:11 AM
    I spoke to the lawyer about IOs at POE calling the employers whether the H1bs can be replaced by citizens. His explanation made sense and this calling business looks suspicious.
    As he said, we do not prove anywhere in H1b process that we are not going to replace citizens. we do prove that the job will be paid the prevailing wage at the location. So I dont know how the IO can call and ask that unless they have other strong reason to do so. I do here such news but not from any one I know and travelled.





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  • go_gc_way
    01-15 11:13 PM
    Bumping /\/\/\/\/\/\/\/\/\/\/\/\



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  • pd_recapturing
    01-17 10:30 AM
    I read your story (every line and every word) and portray my self in that but few small changes.

    Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...

    but I would certainly pray for you to get a job ASAP. I know the pain.
    I thought, Slumdog was able to save his job !!





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  • uma001
    10-01 09:58 AM
    I work at one of these companies & they applied for my GC.

    1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
    2. You must complete x years of service.
    3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.

    I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)

    So just saying - these companies don't apply - is not right.

    Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.

    Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .



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  • nojoke
    02-27 08:22 PM
    Noway it is normal..
    When was the last "normal" economic cycle when so many big banks failed...

    Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.

    Citi, BofA,Wells etc are all in trouble..
    Would you believe Citi stock at 3 Bucks?

    And it all started with Housing.

    House prices never go down! Oh yeah.

    "No way. House prices will never go down in California. Certainly not in bay area. Government will do all the magic to stop the crash... Not affordable, doesn't matter. Google stocks will make a lot of rich guys. BTW renting is throwing money away.":D:D:D:rolleyes:
    I love the guys making those arguments.
    Now it is India's turn.
    "No way, India's real estate will crash. It has a huge population and a huge demand for 70 lakh apartments( even though there are only few people who can afford it)".:rolleyes:





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  • alisa
    01-23 06:33 AM
    I agree, at some point, things break even, because people will frankly get fed up and leave. That point will be somewhere between 10-20 years. And we will then be congratulating the two or three Indians who wait this out.

    This was just an attempt to model in the absence of reliable information, and to try and get as reliable information as can possible be got. I wish we could get more data and links here than we currently have (just one I think.)

    The modelling on this thread shows wait times of 15-20 years for India, about 5 years for ROW, and somewhere in between for China (I think China will be closer to ROW than India just because their backlogs for 2001 and 2002 were one fourth that of India.)

    The purpose of the exercise was to estimate wait times based on some solid data. Who is getting screwed, and by how much. (Looks like, the answer to 'who' is Indians, and the answer to 'how much' is 'A lot'.)

    People will naturally not wait for 20 years to get a greencard. Either things will be fixed, or people will start leaving.



    I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
    You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.

    Nothing wrong in trying to change the course though.





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  • McGuffin
    03-06 04:25 PM
    I don't think I'll be able to make this one, I'll give it a shot though.





    h1bmajdoor
    07-13 09:47 PM
    Well said GCBY3000. Since something is going to happen, she wants to project herself as though she put in some effort. A few months back when I made a phone appointment with her, she was not at all helpfull. All she kept saying was, we can do it for you for so many $$$. It was all about money, money and money. I honestly doubt her intentions.

    this whole US immigration system is to screw you and make them happy and rich. The thinking of US is zero-sum. For them to be rich and happy, they have to screw someone. They screwed slaves for hundreds of years. Now your turn.

    You know what the sailors used to say to the slaves on the journey from Africa? "Land of the free".

    And why did the africans not rebel? Firstly because they sold other africans into slavery. Secondly no africans brought back news of the situation from america to africa.

    Both these tricks are used on h1bs from india. Sadly, one of the major accomplices in this are Indian companies.





    ek_bechara
    04-06 08:43 PM
    Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.

    POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.

    Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.

    So all this is dino-dung. Stop wasting time at your desk and do something productive.

    Let the red-dots rain.



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