eastindia
01-12 01:14 PM
Sorry eastindia but you are plain wrong. The US is not East India Company.
Here are the facts about the US checks and balances:
1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
3. The Supreme court can overrule its own rulings.
4. Congress can rewrite a law to conform with Constitutional standards.
5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).
If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?
There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?
This talk about lawsuit is all gas.
Here are the facts about the US checks and balances:
1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
3. The Supreme court can overrule its own rulings.
4. Congress can rewrite a law to conform with Constitutional standards.
5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).
If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?
There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?
This talk about lawsuit is all gas.
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DesiPardesi
08-29 05:09 PM
Guys, any idea on what happens to GC Process and H1 in case your employer is acquired by another company willing to do similar job.
My company sold my business unit to another company. I filed my 485 3 weeks ago. I'm on my 7th year H1 which is already extended to Nov 2008.
Both companies are willing to cooperate.
Help!
My company sold my business unit to another company. I filed my 485 3 weeks ago. I'm on my 7th year H1 which is already extended to Nov 2008.
Both companies are willing to cooperate.
Help!
485_se_dukhi
09-21 08:34 AM
How about meeting all our local congressmen and lawmakers in the next few weeks??
Since one of our key issues is educating people about our plight, it would be good to meet some of our local senators/representatives and explain our side to them.
Many of them are equally clueless about the difference between green card backlogs and H1 B visa limits (my local rep for example), legal and illegal immigration etc.
So instead of holding a rally so close to this one, why not have a few more lobby days or meetings with our reps??
Incidentally I like the idea of sending doughnuts/pizzas to the media people specially CNN...:) for obscuring our rally and misrepresenting it as "Amnesty demands"...:rolleyes:
Since one of our key issues is educating people about our plight, it would be good to meet some of our local senators/representatives and explain our side to them.
Many of them are equally clueless about the difference between green card backlogs and H1 B visa limits (my local rep for example), legal and illegal immigration etc.
So instead of holding a rally so close to this one, why not have a few more lobby days or meetings with our reps??
Incidentally I like the idea of sending doughnuts/pizzas to the media people specially CNN...:) for obscuring our rally and misrepresenting it as "Amnesty demands"...:rolleyes:
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rajuram
06-09 12:44 AM
Well, it is all politics. All they can see right now is 12 million ill-legal people who will some day vote for some party. That is a big and growing vote bank which they can not ignore. Who cares for people like us? NO ONE. We are less than 0.5 million, most will probably never show to vote if granted citizenship. No one gives a dam for taxes we pay etc. The only chance that we could have is with the big corporations, but they too are quite for now. Jobs will simply move to other parts of the world.
Current generation of politicians here simply do not have the foresight. Reminds me of back home where politicians use to give out blankets to the poor before the elections to win votes.
May be it is the best for us that this bill has stalled, may be IV will have better luck next time. Let us all wait and see.
Current generation of politicians here simply do not have the foresight. Reminds me of back home where politicians use to give out blankets to the poor before the elections to win votes.
May be it is the best for us that this bill has stalled, may be IV will have better luck next time. Let us all wait and see.
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vin13
01-15 10:12 AM
This is a basic supply and demand issue.
When H1-B yearly cap is getting used up within days, what is the reason for allowing H-4 to work.
The only way you would see a change in the rule is when there are not many H1-B takers, and they need to attract more families.
Don't get me wrong, i am not trying to say H-4s should not be given the oppertunity. Just think in terms of the need for this country. Not our personal needs.
When H1-B yearly cap is getting used up within days, what is the reason for allowing H-4 to work.
The only way you would see a change in the rule is when there are not many H1-B takers, and they need to attract more families.
Don't get me wrong, i am not trying to say H-4s should not be given the oppertunity. Just think in terms of the need for this country. Not our personal needs.
grupak
06-23 05:10 PM
Thank you for the participation everyone.
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GCSOON-Ihope
02-08 04:03 PM
Transfer H1-b (dont have to apply for a new one)
: THIS IS COMPLETELY WRONG
I already posted this in another thread and I will post it again:
I am wondering when people will understand that H1B Transfer does not exist!
Everytime you want to switch employers, a whole new H1 must be filed.
People are always under the impression that because they already hold an H1, then it is easy to get "transferred" to another company.
In this case, the only thing you actually "transfer" is ...yourself and nothing else. The only advantage of already having an H1 is that you don't have to worry about the quota anymore, you are exempted from it.
Since you have to file a new case, approval can never be guaranteed and it is therefore always risky to switch employers (as soon as the new H1 is filed), without waiting for approval. Tricky stuff...
Check this from Murthy.com:
" Among the questions that often reach us, are those regarding H1B status and changing employers that refer to "transferring" the H1B. This term is frequently used, even by some immigration attorneys. The H1B is not actually "transferred" from one employer to another when an individual changes a job, however. We understand what people mean when they refer to an H1B transfer. We take this opportunity to explain the concept, though. This should help our readers to avoid misunderstandings as to procedure and requirements based upon the mistaken belief that the H1B is somehow transferable from one employer to the next.
�MurthyDotCom
When a person is on an H1B and plans to change employers, what technically is filed with the USCIS is a new H1B petition, reflecting a change in employment, generally with a request to extend H1B status. Again, with the exception of the foreign national employee, there is nothing that transfers from one employer to the other."
: THIS IS COMPLETELY WRONG
I already posted this in another thread and I will post it again:
I am wondering when people will understand that H1B Transfer does not exist!
Everytime you want to switch employers, a whole new H1 must be filed.
People are always under the impression that because they already hold an H1, then it is easy to get "transferred" to another company.
In this case, the only thing you actually "transfer" is ...yourself and nothing else. The only advantage of already having an H1 is that you don't have to worry about the quota anymore, you are exempted from it.
Since you have to file a new case, approval can never be guaranteed and it is therefore always risky to switch employers (as soon as the new H1 is filed), without waiting for approval. Tricky stuff...
Check this from Murthy.com:
" Among the questions that often reach us, are those regarding H1B status and changing employers that refer to "transferring" the H1B. This term is frequently used, even by some immigration attorneys. The H1B is not actually "transferred" from one employer to another when an individual changes a job, however. We understand what people mean when they refer to an H1B transfer. We take this opportunity to explain the concept, though. This should help our readers to avoid misunderstandings as to procedure and requirements based upon the mistaken belief that the H1B is somehow transferable from one employer to the next.
�MurthyDotCom
When a person is on an H1B and plans to change employers, what technically is filed with the USCIS is a new H1B petition, reflecting a change in employment, generally with a request to extend H1B status. Again, with the exception of the foreign national employee, there is nothing that transfers from one employer to the other."
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NolaIndian32
04-28 10:17 AM
Contributed through paypal and Receipt ID: 5WU062607T926773U
Thanks Sonaliak!!!
GO IV
Thanks Sonaliak!!!
GO IV
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eastindia
01-13 11:14 AM
I see a lot of boiling blood and nice thoughts, If we can find out How much it would cost to pull out a Half page or Full Page AD on prominent news paper like NY Times or WSJ etc. Work on and create a fullpage/half page ad that would be a good start in opening eyes of congress/common people.
Any thoughts.
Read
http://www.nytimes.com/2007/09/26/us/26moveon.html?_r=1
Full page is for $65000 in section A New York Times.
If you want for specific day, it is for $142,083
Now, How much do you want to contribute to this amount?
People on this thread think this is some joke. By pledging 1K you cannot even get a mosquito out of country cap. You need million dollar first to start.
Any thoughts.
Read
http://www.nytimes.com/2007/09/26/us/26moveon.html?_r=1
Full page is for $65000 in section A New York Times.
If you want for specific day, it is for $142,083
Now, How much do you want to contribute to this amount?
People on this thread think this is some joke. By pledging 1K you cannot even get a mosquito out of country cap. You need million dollar first to start.
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angelfire76
02-15 02:32 AM
You have a great plan, come to US on H1 and within 6 months get EAD and you are free from H1b crackdown by jumping to EAD. You think USCIS, Grasley, sanders, and anti eb folks are a bunch of idiots, they will send you and me packing with the same rfe they are hitting h1 folks with if everybody gets to pre file AOS and get EAD. that is why you need to strengthen ac21 by removing same\semilar job condition and other potential h1 like rfe's, otherwise you will drag us down along with you and turn ead into h1.
How tough it is to get PERM approval nowadays with the economy being what it is. Previously we had some reasonable times, but now every application is being scrutinized closely. It's not as easy as 6 months after landing in the US to get PERM approval and be able to file for EAD.
Your arguments have a flavor of "Let me in and shut the door". So please go away and start your own thread for reforming AC21.
How tough it is to get PERM approval nowadays with the economy being what it is. Previously we had some reasonable times, but now every application is being scrutinized closely. It's not as easy as 6 months after landing in the US to get PERM approval and be able to file for EAD.
Your arguments have a flavor of "Let me in and shut the door". So please go away and start your own thread for reforming AC21.
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gc28262
03-21 04:57 PM
.................................................. ........................
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
If you want to hear from Murthy, see the link I posted earlier
Here it is
http://www.murthy.com/news/n_immrum.html
Relevant part from the link
"
Each H1B Employer Must File a New H1B Petition
.................................................. ............................................... When an H1B employee wants to change employers in the United States, the prospective new employer must first file a new H1B petition. Although many people refer to this as an H1B "transfer," there is no separate transfer procedure under law. Each H1B is employer-specific and requires the filing of a new H1B petition and an approval from the USCIS to work for the new H1B employer.
.................................................. .................................................. ....
"
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
If you want to hear from Murthy, see the link I posted earlier
Here it is
http://www.murthy.com/news/n_immrum.html
Relevant part from the link
"
Each H1B Employer Must File a New H1B Petition
.................................................. ............................................... When an H1B employee wants to change employers in the United States, the prospective new employer must first file a new H1B petition. Although many people refer to this as an H1B "transfer," there is no separate transfer procedure under law. Each H1B is employer-specific and requires the filing of a new H1B petition and an approval from the USCIS to work for the new H1B employer.
.................................................. .................................................. ....
"
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santb1975
04-28 10:49 PM
Thanks a lot for your generosity
Good deal m306m.
Ok. Here's my pledge. Every time m306m contributes $50 for every $10000 collected, I'll match it with another $50.
Good deal m306m.
Ok. Here's my pledge. Every time m306m contributes $50 for every $10000 collected, I'll match it with another $50.
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nonimmi
03-20 03:30 PM
Considering a new labor is approved in EB2 (through same or different employer), can another I-140 be filed with older EB3 PD? In that case what happens to already filed I-485 application (EB3)? Can it be adjusted with new I-140 in EB2? I was wondering if anyone has done that.
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wellwishergc
07-10 04:45 PM
Thank you, logiclife for the update. It will require patience and perseverance from all of us, to get through this retrogression.
Updates:
The updates are provided periodically on forums from IV core. We are currently working on the House side for pushing SKIL forward. There are a few things missing in SKIL bill that we would like to get introduced. Mainly its the 3-year extensions of EAD and AP and 3- year ext of H1 for labor applicants that is missing.
We are also trying to assess of SKIL in house is gonig to go forward, and in the event it doesnt, what other bills can be vehicles for putting our provisions like the S 1932 style.
We try not to restrict free voice and opinion from members on forums however, if it gets downright nasty we will edit posts and censor. But in principle we try to avoid it as much as possible.
If you have questions, and if you think that IV core is not up to the job and needs help or needs to pace up, or if you think you have questions for IV core, please pick up the phone and call the 281 number listed on the website's "Contact Us" and call us. We will answer ALL your questions as to what we are doing.
That would be much more productive way of finding answers to your questions.
Updates:
The updates are provided periodically on forums from IV core. We are currently working on the House side for pushing SKIL forward. There are a few things missing in SKIL bill that we would like to get introduced. Mainly its the 3-year extensions of EAD and AP and 3- year ext of H1 for labor applicants that is missing.
We are also trying to assess of SKIL in house is gonig to go forward, and in the event it doesnt, what other bills can be vehicles for putting our provisions like the S 1932 style.
We try not to restrict free voice and opinion from members on forums however, if it gets downright nasty we will edit posts and censor. But in principle we try to avoid it as much as possible.
If you have questions, and if you think that IV core is not up to the job and needs help or needs to pace up, or if you think you have questions for IV core, please pick up the phone and call the 281 number listed on the website's "Contact Us" and call us. We will answer ALL your questions as to what we are doing.
That would be much more productive way of finding answers to your questions.
more...
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ArkBird
06-15 11:07 PM
Thanks AskBird, My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?
If your employer is willing and able to do it, why not? You have nothing to lose!
If your employer is willing and able to do it, why not? You have nothing to lose!
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bestofall
07-02 10:24 AM
I just called again asking support these bills..I was told he hasn't made any decission yet
more calls can only make the difference !
2 minutes call , alot of relief :)
more calls can only make the difference !
2 minutes call , alot of relief :)
more...
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JunRN
09-12 11:47 AM
Republicans are generally more amenable to legal immigration fixes than Dems. While not all of the Dems are bad, most of them dont care about legal immigration -- they just want the illegals. If it were not for these Dems, 5882 would have sailed through by now
I am sure NoBama will say CIR. illegals first. etc. etc.
So, did you know how many Democrats and Republicans vote for and against HR 5882 at the sub-committee level?
I am sure NoBama will say CIR. illegals first. etc. etc.
So, did you know how many Democrats and Republicans vote for and against HR 5882 at the sub-committee level?
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mygc2006
04-10 09:28 AM
Hi All,
I have been laid off today. Please help me with any resources you might have to find a job on H1B. Will send my resume if you ask for.
Will appreciate anything.
-----------------------
PD Mar 2003.
Labor approved and I-140 cleared.
Hello Optimist,
I just sent a PM to you. Please reply and I will try my level best to look out some openings for you . Good luck to you in advance :)
Thanks
I have been laid off today. Please help me with any resources you might have to find a job on H1B. Will send my resume if you ask for.
Will appreciate anything.
-----------------------
PD Mar 2003.
Labor approved and I-140 cleared.
Hello Optimist,
I just sent a PM to you. Please reply and I will try my level best to look out some openings for you . Good luck to you in advance :)
Thanks
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harsh
03-17 09:45 AM
The link is not working dude. IS anyone able to access the link?
pavish
06-13 08:01 PM
I flew Air France several years ago.
Had a bad experience. They had not issued a Paris-Delhi boarding pass to me in Atlanta. They said that I would have to get that boarding pass in Paris itself.
In Paris- they refused to give me the boarding pass- stating the flight was overbooked and that I am checking in 'late'. Acknowledged that the boarding agent was wrong in Atlanta. Bumped me to the next flight several hours later.
They have lost all my business since then. I have not flown Air France since then (and likely never will)
Had a bad experience. They had not issued a Paris-Delhi boarding pass to me in Atlanta. They said that I would have to get that boarding pass in Paris itself.
In Paris- they refused to give me the boarding pass- stating the flight was overbooked and that I am checking in 'late'. Acknowledged that the boarding agent was wrong in Atlanta. Bumped me to the next flight several hours later.
They have lost all my business since then. I have not flown Air France since then (and likely never will)
andy garcia
11-08 06:54 AM
With Sen. Pelosi in charge of the House, you can expect a leverage for sure. More corrupt than ever, a Democrat powered senate should push hard for illegal alien amnesty. If you are lucky enough to get your case processed before those 20 million+ people, yes, that can work well.
I agree 100% with you. If you do not get your GC approved before those 25+ million people get in the line ahead of you. Remember they will have to send those 25 million names for namecheck and the government will do theirs before everybody else's.
I agree 100% with you. If you do not get your GC approved before those 25+ million people get in the line ahead of you. Remember they will have to send those 25 million names for namecheck and the government will do theirs before everybody else's.
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