FraudGultee
04-19 10:09 AM
Love your sense of humor (based on your handle)! :D
nice to see that post. believe me most people here lack it and i get flames and red just because of the handle :)
nice to see that post. believe me most people here lack it and i get flames and red just because of the handle :)
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Praveen20
09-17 02:00 PM
I guess republicans have devised this strategy to proposing different amendments as a delaying tactics so that none of these bills will be get approved.
Thanks,
Thanks,
bugsbunny
04-17 12:00 AM
You should not have gotton H1B visa in the first place, as H1b visas are for professionals and there are many professionals stuggle to get an h1b visas even after engineering degrees. In your case, IGNOU is a shame. Its worse than University of Pheonix. If you get a greencard in EB2, it will be a biggest mockery of the USCIS and department of labor.
If you believe IGNOU or Univ of Pheonix are fraudulent, Please provide proof of this and also report to USCIS.
Its not purely education that will get you H1 or GC. You also need to be skilled in your field.
You might look down on certain universities or degrees but in the end employers care more about skill and experience and so does USCIS
If you believe IGNOU or Univ of Pheonix are fraudulent, Please provide proof of this and also report to USCIS.
Its not purely education that will get you H1 or GC. You also need to be skilled in your field.
You might look down on certain universities or degrees but in the end employers care more about skill and experience and so does USCIS
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walking_dude
04-26 11:56 PM
Newer version is - as should've been expected - more protectionist than before.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?
3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!
4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.
If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.
Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.
This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
Please stop H1 Vs L1 discussion and do not support those who aim to divide this community on various visa types, categories, nationalities etc. Any further attempts by any member in this direction will result in ban. We would appreciate if you read the bill posted by IV and provide some analysis on its content on this thread.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?
3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!
4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.
If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.
Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.
This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
Please stop H1 Vs L1 discussion and do not support those who aim to divide this community on various visa types, categories, nationalities etc. Any further attempts by any member in this direction will result in ban. We would appreciate if you read the bill posted by IV and provide some analysis on its content on this thread.
more...
satishku_2000
09-12 01:43 PM
I got a ref today the reason ability not to pay. They state that in line 21ordinary business income is less than what it should be according to PW and based on that employer was not able to PW in those years like from 2001 to 2006but the gross income was always in between 600000-1000000 each year. but can they relate your old returns with new PW. I mean does it matter based on your last 5 returns ability not to pay but currently I am drawing more than PW and my employer never filed tax`return with loss. pl. advice Does I need good CPA
40k+ in 2006
35k+ in 2005
33k+ in 2004
EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007
The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.
If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.
Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.
Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.
Just curious if your case is a labor substution case?
40k+ in 2006
35k+ in 2005
33k+ in 2004
EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007
The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.
If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.
Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.
Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.
Just curious if your case is a labor substution case?
gk_2000
04-22 05:19 PM
Well per=country limit is part of the iNS law. So its legal.
From an immigration perspective, green card is a privelege extended to "aliens" and it is the prerogative of the law to ensure a formula thats best for the country.
INS family based immigration law was the one that conjured up the per-country limit to prevent folks from one country from flooding in. Unfortunately, this formula made its way into EB immigration and we are stuck with the consequences today.
So if anything, we should bring up the fallacies in per-country limit as far as skill-based immigration is concerned and get the law changed.
A lawsuit isnt the answer to everything. The chinese EB folks learnt that after spending thousands of dollars and few years on their lawsuit, the judgement they got back was that 'the law is being followed'.
And the comment below about the constitution forbiding anything, with respect to immigration law, is pure nonsense.
1. Constitution overrules any law and has the power to render any law invalid. No nonsense here (which means all that you said about INS,INA etc etc is nonsense)
2. The last para is just your OPINION, so I let it pass
3. Pls refer to my answer to Bugs Bunny, and let me know if you can extend the discussion from that point
From an immigration perspective, green card is a privelege extended to "aliens" and it is the prerogative of the law to ensure a formula thats best for the country.
INS family based immigration law was the one that conjured up the per-country limit to prevent folks from one country from flooding in. Unfortunately, this formula made its way into EB immigration and we are stuck with the consequences today.
So if anything, we should bring up the fallacies in per-country limit as far as skill-based immigration is concerned and get the law changed.
A lawsuit isnt the answer to everything. The chinese EB folks learnt that after spending thousands of dollars and few years on their lawsuit, the judgement they got back was that 'the law is being followed'.
And the comment below about the constitution forbiding anything, with respect to immigration law, is pure nonsense.
1. Constitution overrules any law and has the power to render any law invalid. No nonsense here (which means all that you said about INS,INA etc etc is nonsense)
2. The last para is just your OPINION, so I let it pass
3. Pls refer to my answer to Bugs Bunny, and let me know if you can extend the discussion from that point
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bkarnik
03-09 01:27 PM
We absolutely must make all forums accseible to registered members only and,
- Non paying members will see a pop-up screen reminding them that they must contribute.
- Pop ups reappear every so many minutes to discourgae (or encourage) non paying idle members
- Maintaining registarion requires logging in every x days
I enforce upon me a rule that every time I open my mouth here, I will contribute 20$ beginign with this mail.
Hypersphere: Although your rule is admirable, please consider an exception and feel free to post any information that have that you feel is important for IV members to know. Even being diligent about informing IV about any information that you may have which may impact the end result is as good as $20 (perhaps more :)) of your money.
- Non paying members will see a pop-up screen reminding them that they must contribute.
- Pop ups reappear every so many minutes to discourgae (or encourage) non paying idle members
- Maintaining registarion requires logging in every x days
I enforce upon me a rule that every time I open my mouth here, I will contribute 20$ beginign with this mail.
Hypersphere: Although your rule is admirable, please consider an exception and feel free to post any information that have that you feel is important for IV members to know. Even being diligent about informing IV about any information that you may have which may impact the end result is as good as $20 (perhaps more :)) of your money.
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add78
04-27 03:46 PM
Below is the text for Waivers.. My understanding is that if end Client gives a letter to DOL stating that they don't layoffs due to this H1B and it is a temp. labor requirement etc.. It is still harsh considering anti-immigration climate.. What is feared asked in a Visa interview will be asked by DOL for extensions. So, H1B can't be on an auto-pilot mode..
``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;
``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and
``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.
the big consulting companies (IBM/Deloitte/Accenture et al) will try to get a waiver by showing the 3 conditions above - however, they need to do so every time a current assignment for their H1B employer ends and they need to place them on a new assignment / client. At that time they need to go through the waiver again, to determine whether the end client has had any layoffs in the last 180 days.
In short this bill is a disaster for ALL CONSULTING companies that have a large H1B population.
``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;
``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and
``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.
the big consulting companies (IBM/Deloitte/Accenture et al) will try to get a waiver by showing the 3 conditions above - however, they need to do so every time a current assignment for their H1B employer ends and they need to place them on a new assignment / client. At that time they need to go through the waiver again, to determine whether the end client has had any layoffs in the last 180 days.
In short this bill is a disaster for ALL CONSULTING companies that have a large H1B population.
more...
desi3933
07-11 10:50 AM
Now that USCIS / DOS know that they have made mistake and also aware that this is exposed to the entire country. So this is what they are doing.
1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.
Incorrect.
2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.
How does it matter?
3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.
Highly unlikely. The lawsuit could take one and half year (or more).
Even if judge rules on July 29th, usually a reasonable time is given. How did you come up with 2 days.
4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.
I feel, this is what is going to happen. So better prepare your papers and keep it ready.
The big question is, how you define "ELIGIBLE applicants"?
Any lawsuit needs lot of time and patience. And none of emotions.
_______________________
Not a legal advice.
1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.
Incorrect.
2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.
How does it matter?
3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.
Highly unlikely. The lawsuit could take one and half year (or more).
Even if judge rules on July 29th, usually a reasonable time is given. How did you come up with 2 days.
4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.
I feel, this is what is going to happen. So better prepare your papers and keep it ready.
The big question is, how you define "ELIGIBLE applicants"?
Any lawsuit needs lot of time and patience. And none of emotions.
_______________________
Not a legal advice.
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Juan28210
04-19 01:42 PM
Hi Folks,
I hope you could share your experiences if you belong to the same situation.
I have an approved EB2 labor cert thru PERM, and I belong to ROW. I am now preparing to file I-140 and I-485 concurrently.
I just saw my petitioner's(S-corporation) federal tax return. Gross revenue is $700,000; Net income is $20,000 which is only a quarter of my current wage. The offered wage per my labor cert is $80,000.
Do I have a big chance of denial in the I-140 stage due to employer's inability to pay? Please advise.
Thanks!
I hope you could share your experiences if you belong to the same situation.
I have an approved EB2 labor cert thru PERM, and I belong to ROW. I am now preparing to file I-140 and I-485 concurrently.
I just saw my petitioner's(S-corporation) federal tax return. Gross revenue is $700,000; Net income is $20,000 which is only a quarter of my current wage. The offered wage per my labor cert is $80,000.
Do I have a big chance of denial in the I-140 stage due to employer's inability to pay? Please advise.
Thanks!
more...
nitinboston
05-14 11:04 AM
bringing bk the discussion to more serious point. We can all agree that on the surface immigration system here is seems unfair towards Indian, Chinese and Mexicans. Whats the reason behind it? why only three countries which suffers from long waits. Its demand and supply. If there were no country caps, all the visa's will be absorbed by these three countries. Even though it has cost me time and money, i think its the right policy. for a moment imagine there was no country limit, can you imagine for few years to come immigration will be from only these three countries. i think its only fair to limit how many people can come from one specific country.
and one more point, we are never going to get treated with respect and equality, just get used to it. every American knows we left our country to come to his. he is always gonna look down upon us. Immigrants are never treated with love, respect and dignity, no matter which country they go to. Case in point, Bangladeshi and Nepali migrant workers in India. We treat them like dirt back home, so discrimination against immigrants is part of immigration process. hopefully our ABCD offspring's will face less of it :)
and one more point, we are never going to get treated with respect and equality, just get used to it. every American knows we left our country to come to his. he is always gonna look down upon us. Immigrants are never treated with love, respect and dignity, no matter which country they go to. Case in point, Bangladeshi and Nepali migrant workers in India. We treat them like dirt back home, so discrimination against immigrants is part of immigration process. hopefully our ABCD offspring's will face less of it :)
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$eeGrEeN
01-30 10:36 AM
alipac FAIR.
SteinReport
SteinReport
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saileshdude
03-30 10:14 PM
More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status?
AILA should file a lawsuit regarding these denials. They expect people to follow all H/LCA/PERM and target employers/lawyers to send a message to other people but fail to follow their own laws themselves. A lawsuit causing hardship needs to be filed. I dont know why AILA has not taken any action against this practice.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status?
AILA should file a lawsuit regarding these denials. They expect people to follow all H/LCA/PERM and target employers/lawyers to send a message to other people but fail to follow their own laws themselves. A lawsuit causing hardship needs to be filed. I dont know why AILA has not taken any action against this practice.
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gcbikari
06-11 09:58 AM
MOST Important things:
1. DO NOT talk to the party or attorney who sued you directly. If they call take the contact info, tell that ur attorney will call them.
2. Talk to your insurance company
3. Talk to an attorney
4. Gather all documentation that you have
Sorry about wat happened to you. Looks like there are considerable injuries . You might not win the case since you are at 80% fault. Like others said you can not go back to India like nothing happened. You have to consult an attorney, ask if he can work on contigency basis. They will get all med records to decide if other party is faking or claiming too much. If you loose the case, then it depends howmuch you have to pay. If damages awarded are less than 500K, you can file bankrupcy. But you end up paying like mortgage forever. Once you file bankrupcy, I think you can leave the contry legally. If you loose and wish to stay, Your payments will be reduced if you have kids and a house payment.
1. DO NOT talk to the party or attorney who sued you directly. If they call take the contact info, tell that ur attorney will call them.
2. Talk to your insurance company
3. Talk to an attorney
4. Gather all documentation that you have
Sorry about wat happened to you. Looks like there are considerable injuries . You might not win the case since you are at 80% fault. Like others said you can not go back to India like nothing happened. You have to consult an attorney, ask if he can work on contigency basis. They will get all med records to decide if other party is faking or claiming too much. If you loose the case, then it depends howmuch you have to pay. If damages awarded are less than 500K, you can file bankrupcy. But you end up paying like mortgage forever. Once you file bankrupcy, I think you can leave the contry legally. If you loose and wish to stay, Your payments will be reduced if you have kids and a house payment.
more...
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fasterthanlight�
06-22 07:31 PM
wow it's just a stupid poll on a friggin PS battle guys, you sound so desperate...
Thats because I want to win dammit.
Thats because I want to win dammit.
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ganguteli
04-27 12:19 PM
Did you mean the India on Earth? :D I dont think people laid off from IT companies in India even get severence.
Senthil1 is an anti-immigrant and should have been banned long time back.
Senthil1 is an anti-immigrant and should have been banned long time back.
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extra_mint
04-18 08:13 PM
Congrats man...and thanks for sharing the details.
This helps a lot of ppl.
This helps a lot of ppl.
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freedom_fighter
11-02 12:27 PM
For all of you who have send me a pvt. message asking me how to reach IO @ TSC, here are the steps:
1) Call Customer Service @ 1 800 375 5283
2) Continue in english, hit 1
3) To check the status, hit 2
4) Know your receipt number, hit 1
5) Enter Receipt number, and then for SRC, hit 1
6) Confirm Receipt Number, hit 1
7) You will now hear the status of your case. At this point, hit 3 to "Report a problem".
Here is the trick - now you will hear 4 options. I believe # 3 is "If your case is outside the processing time..." and # 4 is for "If you have filed several cases and have received a decision on....". You want to hit # 4 and you will be connected to an IO at TSC.
Just a word of caution: You will be talking to an Immigration Officer @ TSC so please be very polite. Some officers will tell you that they cannot give you any information, or you should be calling Customer Service number, simply say 'Thank You' and hang up. It might take days/weeks before you reach an IO who would be willing to help.
Again, the sequence is:
Call the customer service number.
Press 1, 2, 1, Enter Receipt Number, Hit 1 for SRC, Hit 1 to confirm RN, 3 to report a problem, 4 to connect to an officer @ TSC.
Can you tell me how ? pls
1) Call Customer Service @ 1 800 375 5283
2) Continue in english, hit 1
3) To check the status, hit 2
4) Know your receipt number, hit 1
5) Enter Receipt number, and then for SRC, hit 1
6) Confirm Receipt Number, hit 1
7) You will now hear the status of your case. At this point, hit 3 to "Report a problem".
Here is the trick - now you will hear 4 options. I believe # 3 is "If your case is outside the processing time..." and # 4 is for "If you have filed several cases and have received a decision on....". You want to hit # 4 and you will be connected to an IO at TSC.
Just a word of caution: You will be talking to an Immigration Officer @ TSC so please be very polite. Some officers will tell you that they cannot give you any information, or you should be calling Customer Service number, simply say 'Thank You' and hang up. It might take days/weeks before you reach an IO who would be willing to help.
Again, the sequence is:
Call the customer service number.
Press 1, 2, 1, Enter Receipt Number, Hit 1 for SRC, Hit 1 to confirm RN, 3 to report a problem, 4 to connect to an officer @ TSC.
Can you tell me how ? pls
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bklog_sufferer
06-07 08:59 AM
Well said logiclife, I can't agree with you anymore and must say that I thoroughly enjoy reading your posts.:)
Is immigration a right? ABSOLUTELY.
Well, over the past few months we have heard a lot of sound bites like �Immigration is a privilege, not a right�. �We are a country of immigrants but we are also a country of laws.� We will see about that in moment when we look at history and find out how lawful immigration has historically been.
Let�s focus on one thing sorely missing from our community: The sense of entitlement.
A lot of employment based immigrants in this country, legally here, on H1, L1, J1 etc. have asked themselves, �What right do I have to ask for change in laws or relief from congress? I am not even a citizen. Lobby congress? As an alien? Are you kidding me? Do you want to get deported? Do you realize you are going �against� the Government?�
Therein comes the lack of sense of entitlement.
First of all, legally speaking, there is no distinction between the constitutional rights of citizens and the constitutional rights of those who are non-citizens � legal or illegal. (Non-citizens are also called �aliens�, but I refrain from using that word whenever I remember coz none of us look like characters of Star Wars and we are not green-headed animals with 6 limbs, so I don�t consider myself an alien just because I was born somewhere else on the same planet).
Second of all, as a person within the jurisdiction of the United States, the first amendment actually prohibits the congress from making any laws against stated rights � one of which is the right to petition the Government for redress of grievances. So not only its legal to do what we are doing, it unconstitutional to pass a law to make it illegal for us to petition (or lobby, advocate, litigate) government for a redress of grievances. And that first amendment isn�t changing, coz to change it, its going to need two-thirds of US congress and three-fourths of states to back it. And we all know, how lucky we are to have 51 senators agree on the fact that sun rises from the east.
Earned Right or Birthright?
The fact that you are here and you are here legally and working with the system to earn immigration is something you should be proud of. Not guilty of. If you treat yourself as guests, the government will treat you like a guest. I would rather treat myself two times the citizen. Why, coz it simply much harder to earn a citizenship than to be born into it. I believe that not only we deserve fair and speedy immigration, but also when we do become citizens we should have the privilege to give two votes in elections. Now, I am not trying to display chutzpah here. I am going to back up my claim with reason. See, a lot of us came here 5-10 years ago with almost no money. Many of us never received any formal education in America. However, we have been able to survive and keep a job in this country, even during the stock market crash of 2001 and the economic recession after that. No small feat. We are the last ones to leave the office at night (Actually, that is true for both legal and illegal workers, coz the legal computer programmer is still coding Java at 7:00 PM while the illegal janitor starts vacuuming the office). We relocate across states as-if its relocating 2 traffic lights away. We adapt to different employers, we adapt to all employers. And all these without driving down the wages. Yes, it�s true. We don�t depress the wages and we don�t steal jobs and the labor certification is designed to prevent that and it�s working. We all know how great its working and how intense the process is, especially those who are stuck in Philly and Dallas backlog creation centers.
So, to sum it up, we have twice to right to petition the government for a redress of grievances, twice the right to everything. It�s an earned right, not a birthright. Our natural instinct should be to exercise the rights we have earned. If we cannot do it now, we are not going to really make anything out of citizenship of Greencard that we are pursuing.
And coming back to the sound bites about privileges and �Nation of laws� coming out of Washington today, let me say this: The pilgrims, who dropped anchor near Cape Cod in 1620 didn�t go through a port of entry and get their passports stamped and their I-94s stapled. I don�t think the Indians were waiting at the coast of Virginia to stop immigrants. They just came. And they settled. And they called it home. No priority dates. No visa bulletins.
So you see, what really matters here is whether you feel you are entitled to something or not. If you don�t feel entitled to a fair immigration process that does justice to those who seek legal ways to immigration, then you probably aren�t entitled. To ask for something, you must first believe that you deserve it. And to show that you deserve it, you must ask it loudly and clearly from rooftops. Don�t predict visa bulletins, but work to change and influence the visa bulletin 6 months from now. And no, you wont be deported for exercising that constitutional right.
�Our ancestors ... possessed a right, which nature has given to all men, of departing from the country in which chance, not choice has placed them.�
� Thomas Jefferson (1743�1826, 3d President of the United States, author of the Declaration of Independence)
Is immigration a right? ABSOLUTELY.
Well, over the past few months we have heard a lot of sound bites like �Immigration is a privilege, not a right�. �We are a country of immigrants but we are also a country of laws.� We will see about that in moment when we look at history and find out how lawful immigration has historically been.
Let�s focus on one thing sorely missing from our community: The sense of entitlement.
A lot of employment based immigrants in this country, legally here, on H1, L1, J1 etc. have asked themselves, �What right do I have to ask for change in laws or relief from congress? I am not even a citizen. Lobby congress? As an alien? Are you kidding me? Do you want to get deported? Do you realize you are going �against� the Government?�
Therein comes the lack of sense of entitlement.
First of all, legally speaking, there is no distinction between the constitutional rights of citizens and the constitutional rights of those who are non-citizens � legal or illegal. (Non-citizens are also called �aliens�, but I refrain from using that word whenever I remember coz none of us look like characters of Star Wars and we are not green-headed animals with 6 limbs, so I don�t consider myself an alien just because I was born somewhere else on the same planet).
Second of all, as a person within the jurisdiction of the United States, the first amendment actually prohibits the congress from making any laws against stated rights � one of which is the right to petition the Government for redress of grievances. So not only its legal to do what we are doing, it unconstitutional to pass a law to make it illegal for us to petition (or lobby, advocate, litigate) government for a redress of grievances. And that first amendment isn�t changing, coz to change it, its going to need two-thirds of US congress and three-fourths of states to back it. And we all know, how lucky we are to have 51 senators agree on the fact that sun rises from the east.
Earned Right or Birthright?
The fact that you are here and you are here legally and working with the system to earn immigration is something you should be proud of. Not guilty of. If you treat yourself as guests, the government will treat you like a guest. I would rather treat myself two times the citizen. Why, coz it simply much harder to earn a citizenship than to be born into it. I believe that not only we deserve fair and speedy immigration, but also when we do become citizens we should have the privilege to give two votes in elections. Now, I am not trying to display chutzpah here. I am going to back up my claim with reason. See, a lot of us came here 5-10 years ago with almost no money. Many of us never received any formal education in America. However, we have been able to survive and keep a job in this country, even during the stock market crash of 2001 and the economic recession after that. No small feat. We are the last ones to leave the office at night (Actually, that is true for both legal and illegal workers, coz the legal computer programmer is still coding Java at 7:00 PM while the illegal janitor starts vacuuming the office). We relocate across states as-if its relocating 2 traffic lights away. We adapt to different employers, we adapt to all employers. And all these without driving down the wages. Yes, it�s true. We don�t depress the wages and we don�t steal jobs and the labor certification is designed to prevent that and it�s working. We all know how great its working and how intense the process is, especially those who are stuck in Philly and Dallas backlog creation centers.
So, to sum it up, we have twice to right to petition the government for a redress of grievances, twice the right to everything. It�s an earned right, not a birthright. Our natural instinct should be to exercise the rights we have earned. If we cannot do it now, we are not going to really make anything out of citizenship of Greencard that we are pursuing.
And coming back to the sound bites about privileges and �Nation of laws� coming out of Washington today, let me say this: The pilgrims, who dropped anchor near Cape Cod in 1620 didn�t go through a port of entry and get their passports stamped and their I-94s stapled. I don�t think the Indians were waiting at the coast of Virginia to stop immigrants. They just came. And they settled. And they called it home. No priority dates. No visa bulletins.
So you see, what really matters here is whether you feel you are entitled to something or not. If you don�t feel entitled to a fair immigration process that does justice to those who seek legal ways to immigration, then you probably aren�t entitled. To ask for something, you must first believe that you deserve it. And to show that you deserve it, you must ask it loudly and clearly from rooftops. Don�t predict visa bulletins, but work to change and influence the visa bulletin 6 months from now. And no, you wont be deported for exercising that constitutional right.
�Our ancestors ... possessed a right, which nature has given to all men, of departing from the country in which chance, not choice has placed them.�
� Thomas Jefferson (1743�1826, 3d President of the United States, author of the Declaration of Independence)
pansworld
12-02 01:43 AM
We can always convey that the amounts can and will be adjusted based on need. But let's set a target. Disclose the goals. Not the exact dates and times and the kinds of meetings being attended nor do we need a detailed daily report of how the money will be spent. That is micro reporting and I think we all trust IV enough to know that the money is being well spent. All targeted funding drives help us do is plan better and focus better.
Let's be vigilant and worry about the things we can worry about.
Getting a little philosophical:
I agree with you that the outside world is cruel. But the journey's been alright till now hasn't it. I was a huge supporter of the Gandhigiri campaign and was one of the primary reasons why I got involved with IV in the first place and am proud of it. We need more voices and more participation.
Let's be vigilant and worry about the things we can worry about.
Getting a little philosophical:
I agree with you that the outside world is cruel. But the journey's been alright till now hasn't it. I was a huge supporter of the Gandhigiri campaign and was one of the primary reasons why I got involved with IV in the first place and am proud of it. We need more voices and more participation.
apt29
09-25 05:07 PM
those who are defending IV has more green dots coz, they are the ones who do all the volunteer work and involve actively.
get it! now can u rest for a while not ur case :-)
Got it. Point taken. btw good joke about case.
get it! now can u rest for a while not ur case :-)
Got it. Point taken. btw good joke about case.
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