Philadelphia Backlog Elimination Center Tracking

Come on, don't take incompetence for consipracy ;)

300K people is just too small a group to actually affect anything, and they (we) cannot even vote, so whatever services we need (LC, I-*, etc.) won't ever be neither properly financed, nor staffed with the brightest employees.
 
CarolVA said:
the way things are going now, I do not think a law suit will stand in court, because foreigners are in the US as will. But it is a just idea, but I don't think it will hold in court.
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Judges are separate from Administration. They can think and act based on that fact and they can determin if any particular process is wrong and unjust.

Depending on the presentation of the case, law suite can make a difference.
 
Days_go_by said:
sorry gp, but for once i have to disagree with u
by definition:
capitalism: an economic system characterized by by definition capitalism: private or corporate ownership of capital goods, by investments that are determined by private decision, and by prices, production, and the distribution of goods that are determined mainly by competition in a free marketree with u, i don't think that's capitalism,

on the other hand definition of exlpoting:
1 : to make productive use of : UTILIZE <exploiting your talents> <exploit your opponent's weakness>
2 : to make use of meanly or unjustly for one's own advantage <exploiting migrant farm workers>

from m-w.com
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Thanks.
Thats how its defined in BOOKS.. Not in Real Life In US ( as always US can twist any definition).

US believes in simple principle of Supply Vs. Demand. We are here at our own choice ( People say that WE PAY TAXES ! Everybody who earns pays taxes, Everywhere in the World, Does not make them any special).. If US needs Us We will be given PR otherwise we will be kicked out.
 
Conf.call with Rajiv

Friends, I'm not able to attend this conf. call today. If somebody could minute the discussion and post it here, it would be really helpful for all of us. I sincerely hope we find some solution to this chronic pain. Thanks much.
 
orissa said:
Rajiv will host a conference call at 1 PM Eastern Time Today (Wednesday, 18 May). The discussion will be limited for the most part to litigation against the government for delays and related matters.

Dial 641-985-0100
Access Code: 318388#
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That number did not get connected.
Guess I was too late..

Please update in the forum the sunnary of the discussion
 
Conf. call with Rajiv.

Hello Friends,
same here. I'm not able to attend this conf. too. could someone update the meeting minutes will be appreciated.
Thank you in advance.
Srini.G
 
Sorry GP still do not agree with you,
If that's the way people would have thought, there would be no end to slavery, there be no rights for women, and Britishers would still be ruling us.
Just to leave it to "the law of land" or "policy" is not right. What is wrong is wrong.
Accepted that we are in US by choice, we could go back, but we are legally "invited" here. Companies here need us, we are not a burden on the economy here. If we for once were not accepted here we would have all gone back. We all realize that we can do well here, companies need us, we are not taking away work from Americans, but the Govt is playing politics.
How about just abolish GC, let's see how many of us still work here.
We are being exploited and let's not just accept it as a policy. We too have rights. At least as per the law we are able to file for GC and be adjudicated fairly. Once we prove that we are not displacing any worker, we should get PR here. Are we not able to prove that? we can prove that. But they are the ones who are in a sense breaking the law by delaying this indefinitely. If Bush and co. were so sure that they don't need us, noone would have stopped them from banning us at all. No GC for Indians. Simple, but they won't do it. They can't do it.
Being aware of the fact that we are being exploted is the first step, if we were organized, things would be different.

I don't mind paying taxes. In fact it was suggested by Amartya Sen that part of our taxes should go back to india, because that's the country who invested in our education when we were not productive.
But why should we pay for social security? I don't think that is fair, but that's the law.
 
well put

Days_go_by said:
Sorry GP still do not agree with you,
If that's the way people would have thought, there would be no end to slavery, there be no rights for women, and Britishers would still be ruling us.
Just to leave it to "the law of land" or "policy" is not right. What is wrong is wrong.
Accepted that we are in US by choice, we could go back, but we are legally "invited" here. Companies here need us, we are not a burden on the economy here. If we for once were not accepted here we would have all gone back. We all realize that we can do well here, companies need us, we are not taking away work from Americans, but the Govt is playing politics.
How about just abolish GC, let's see how many of us still work here.
We are being exploited and let's not just accept it as a policy. We too have rights. At least as per the law we are able to file for GC and be adjudicated fairly. Once we prove that we are not displacing any worker, we should get PR here. Are we not able to prove that? we can prove that. But they are the ones who are in a sense breaking the law by delaying this indefinitely. If Bush and co. were so sure that they don't need us, noone would have stopped them from banning us at all. No GC for Indians. Simple, but they won't do it. They can't do it.
Being aware of the fact that we are being exploted is the first step, if we were organized, things would be different.

I don't mind paying taxes. In fact it was suggested by Amartya Sen that part of our taxes should go back to india, because that's the country who invested in our education when we were not productive.
But why should we pay for social security? I don't think that is fair, but that's the law.
Click to expand...


Take example of my company. It is a true southern american company. My company is more than $2 biln market cap, and doesn't even has a immigration lawyer. Their first policy is to hire, US citizen or GC holder. Recently they wanted to hired few IT people of specific experience. After 3 months of search, didn't get any local or GC holder. So was forced to hire 2 java guys and giving them internal training. One of them is GC holder. The third guy, they have to process H1 to get from India. 90% of all IT guys my company hire is GC holder.

This country still needs people like us. But don't want to give us GC. As this is hurting us, if this continuens, in long run it will hurt US. Atleast as it is predicted by few big CAPITALIST. Two of them are Microsoft Cheif and Intell Chief.
 
05/18/2005: Visa Number Backlog and I-140 Portability

The USCIS Memorandum of May 12, 2005 stipulates that the 180-day of I-485 filing will continue to run even during the period of visa number unavailability for him/her and the alien may change employment during the period of visa number unavailability inasmuch as the I-140 portability is satisfied and EB-485 is pending.


05/18/2005: Definition of "Same or Similar" Occupation Classification for I-140 Porting

The USCIS Memorandum of May 12, 2005 clarifies that the "same or similar" will be determined on the basis of DOT or OES Codes. Accordingly, the new job must fall under the same DOT or OES with the labor certification job.
The same rule will apply to the labor certification waived I-140/EB-485 cases. They will use the DOL's DOT or OES Codes to determine this requirement.
Inasmuch as this requirement is met, the aliens in EB-1 cases like Multinational Corporate Executive/Manager petitions can port after 180 day of EB-485 filing taking a same or similar job with another employer.
Alien can take new employment anywhere in the U.S. inasmuch as the new job falls under the same or similar occupational classification standards.
05/18/2005: USCIS Reverses Policy on I-140 Portability After EB-485 Pending 180 Days

AILA has reported a new USCIS Memorandum of May 12, 2005 on AC 21 issues which have either been answered or unanswered. In the answered issues, the USCIS is amending its policies. One of these key issues which it reverses by this new memorandum is I-140 portability after 180 days of filing of EB-485 applications.
When the alien beneficiary changes employment before I-140 petition is approved but I-485 application has been pending 180 days or longer, the USCIS field offices have been instructed not to automatically deny such I-140 petition and I-485 applications unless they first take the following steps:
First determine whether the preponderance of the evidence establishes that the I-140 petition is approvable or would have been approvable, had it been adjudicated within 180 days.
If the I-140 petition is approvable but for an ability to pay or any other issues relating to a time after the filing of the petition, the USCIS should approve the I-140 petition on its merits.
The adjudicator should determine whether the new employment is "same or similar" occupational classification.
If the answer is yes, the adjudicator should approve EB-485 applications.
In taking the foregoing steps, should the adjudicator has an issue of RFE, particularly the issue of employer's ability to pay the proffered salay, the adjudicator should issue RFE, and upon receiving the RFE responses, if the evidence meets the approvable thresholds, the adjudicator should perform the foregoing procedure and conclude the adjudication of I-140 petition and I-485 application.
In the context of RFE, if the response is not received or even if the response is received and the reponse does not adequately address the issues or the response is simply that the beneficiary no longer works for the petitioner, the petition is considered unapprovable and consequently the I-140 will be denied and at the same time, I-485 will also be denied.


05/18/2005: Change of Employment Before Reaching 180-day of EB-485 Filing and Its Affect on Pending I-140 Petition and EB-485 Application

The USCIS AC 21 Memorandum of May 12, 2005 addresses the issue of changing of employment for the alien who filed concurrent I-140/EB-485 and changed employment before reaching 180 days. It states that the I-140 and EB-485 should not be denied solely on this basis inasmuch as it is established that the I-140 was filed concurrently with the I-485, the I-140 petition had the intent to employ the alien beneficairy, and the alien must also have intended to under the employment upon approval of I-485 application. Accordingly, the memo warns the adjudicators that they should not presume absence of such intent and take the I-140 and supporting documents themselves as prima facie evidence of such intent. They should rather issue RFE in appropriate cases or investigate the issue when it is warranted.
However, following final decision of the USCIS prior to reaching 180 days of EB-485 application will lead to denial of the concurrently filed EB-485 applications:
The petitioner withdraws the I-140 petition before reaching 180 days of EB-485 filing, or
USCIS denies or revokes the I-140 petition. The same will apply even after 180 days of EB-485 filing. However, the petitioner's withdrawal of petition after 180 days of EB-485 filing will have no effect on the portability of I-140 petition and no effect on the adjudication of EB-485 applications.


05/18/2005: I-140 Portability and New Employer's Financial Ability to Pay Proffered Salary

The USCIS AC 21 Memorandum of May 12, 2005 clarifies the policy that when the alien changes employer using AC 21 I-140 portability rule, the new employer does not have to prove anything but "same or similar occupational classification" and the adjudcators should not request or deny I-485 applications based on the new employer's financial ability to pay issue.
 
Days_go_by said:
Sorry GP still do not agree with you,
I don't mind paying taxes. In fact it was suggested by Amartya Sen that part of our taxes should go back to india, because that's the country who invested in our education when we were not productive.
But why should we pay for social security? I don't think that is fair, but that's the law.
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Days_go_by & sk0902

First,
I am 100% agree with your views & Not At All Agree with DOL/USCIS Policy At All.

But, Sometime we may have to accept something we don't believe in. For example, I don't agree with "Shipping Jobs Overseas" & I support that Locals Should get the Jobs first, But That is benificial to US Companies & also Advantage to our 3rd world homelands,, SO I go with It. Similarly If a company prefers US Citizen/GC holder over Me, I go with.

About paying SS. We have to force out country to get on board with US SS admin. Many countries have already been in that arrangement, why don't we do that ?

Lets not bore other people with our arguments.
 
my prediction..

Next thing comming is "even after GC is approved, benificiary has to stay in the company for next 5 years."
 
build your country OR...

suck it up...
No seriously, I am as tired of waiting as the next guy (or gal in case IG is reading ;) ) but unless you want to do something about this besides pontificate here.... all you can do is suck it up.

And I dont mean that to come across as offensively as it does. There's just no better way to say it.... all of us, we come here we discuss how wrong this is and dream up conspiracy theories around it but the fact is... think about it in the context of the lives of the people who are working (or not really working) on our applications.
For them, we are people who have no powers and no voice. Whats more, we dont have the committment to do anything as one group.

I have seen 2 strong endeavors here.. one that was started by USISisMockery and one by yours truly that are not getting the kind of support that this portal can muster... sad but we are a divided bunch and all we can do is pontificate !!
 
Unite please!

spidey said:
suck it up...
No seriously, I am as tired of waiting as the next guy (or gal in case IG is reading ;) ) but unless you want to do something about this besides pontificate here.... all you can do is suck it up.

And I dont mean that to come across as offensively as it does. There's just no better way to say it.... all of us, we come here we discuss how wrong this is and dream up conspiracy theories around it but the fact is... think about it in the context of the lives of the people who are working (or not really working) on our applications.
For them, we are people who have no powers and no voice. Whats more, we dont have the committment to do anything as one group.

I have seen 2 strong endeavors here.. one that was started by USISisMockery and one by yours truly that are not getting the kind of support that this portal can muster... sad but we are a divided bunch and all we can do is pontificate !!
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...and that is why Britishers ruled us!
 
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