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All other Green Card Issues I-140/I-485, Family Based Green Card

View Poll Results: Are you in H1, getting affected and ready to fight?
Yes, I am in H1 and ready to contribute 89 74.79%
Yes I am in H1. But not ready to contribute 7 5.88%
Not in H1 and not affected. 23 19.33%
Voters: 119. You may not vote on this poll

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  #1  
Old 01-17-2010, 11:30 AM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
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:
I-140
I485 Mailed Date
:
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Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default H1B discrimination - Fighting it legally

This is a developing story. I am sure there are lots of IV members in H1 and getting/going to be affected. one of the option I am trying to explore is to take the USCIS and CBP to the court. They do not have the authority to decide the employer-employee relationship.

First they came for the communists, and I did not speak outóbecause I was not a communist;
Then they came for the trade unionists, and I did not speak outóbecause I was not a trade unionist;
Then they came for the Jews, and I did not speak outóbecause I was not a Jew;
Then they came for meóand there was no one left to speak out."

The Insightful Immigration Blog Ė Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT?

http://www.uscis.gov/USCIS/Laws/Memo...Memo010810.pdf

Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.

So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.

Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.

Last edited by snathan; 01-17-2010 at 03:15 PM.
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  #2  
Old 01-17-2010, 12:14 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
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:
India
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I-140+I-485
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:
08/14/2007
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gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
Default

I am not impacted by this law. However you can count me in fighting this non-sense.
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  #3  
Old 01-17-2010, 12:54 PM
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Pappu, aman and other IV core members...please guide us this fight..
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  #4  
Old 01-17-2010, 01:00 PM
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kcforgc is just really nice kcforgc is just really nice kcforgc is just really nice kcforgc is just really nice
Default

Please count me in.
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  #5  
Old 01-17-2010, 01:01 PM
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Mar-07
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02/15/2008
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red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts
Default every one may be effected

What if they start screening EAD or GC guys and decide applications on the fact that at one point of time one has not maintained this rule and start denying.
I dont think one would get any lead time to figure this out. if they(USCIS) decide to do so, Example is where the H1's were turned back at newark airport(Did they get any lead time. i dont think so)
So the better thing is to understand first what the exact implications of this memo are and act now peace fully. atleast call ,send emails or some thing similar .
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  #6  
Old 01-17-2010, 01:01 PM
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common1 is infamous around these parts common1 is infamous around these parts common1 is infamous around these parts common1 is infamous around these parts common1 is infamous around these parts common1 is infamous around these parts common1 is infamous around these parts
Default

Count me in as well. This memo is completely discriminatory and will do more harm than good. It is surprising that very few are willing to come forward and fight this abuse. I am sure that there are hundreds of affected members and a collective effort will help us all.
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  #7  
Old 01-17-2010, 01:02 PM
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Mar-05
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fanaah is on a distinguished road
Default

COunt me in ....
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  #8  
Old 01-17-2010, 01:03 PM
Member
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Mar-06
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arkrish68 has a brilliant future arkrish68 has a brilliant future arkrish68 has a brilliant future arkrish68 has a brilliant future arkrish68 has a brilliant future arkrish68 has a brilliant future arkrish68 has a brilliant future arkrish68 has a brilliant future arkrish68 has a brilliant future arkrish68 has a brilliant future arkrish68 has a brilliant future
Default Count on me

Though I am not affected, but count on me
__________________
I-485 sent to NSC on : 07/29/2007

Receipts received from CSC and case transferred back to NSC

1485, AP, EAD - Receipts for self and spouse : Receipt Date 07/02/2007 Notice Date 08/24/2007

GC Approved on 9/22/2010 and received the physical card on 9/27/2010
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  #9  
Old 01-17-2010, 01:05 PM
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Oct-05
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06/10/2007
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sonia_sd is infamous around these parts sonia_sd is infamous around these parts sonia_sd is infamous around these parts sonia_sd is infamous around these parts sonia_sd is infamous around these parts sonia_sd is infamous around these parts sonia_sd is infamous around these parts sonia_sd is infamous around these parts
Default This is not the law but Interpretation of law by USCIS

First of all everyone should understand that this is an Interpretation of law by USCIS, and in memo at the bottom it has been clearly stated that this only applies to case workers at USCIS processing centers not for others. I think based on this memo they decide each case whether to approve/reject. However I see this as "targetting only perticular group of people".

Also he mentioned that they arrived the "Employee-Employer" relationship based on 2 distinct supreme court judgments, I am not really sure what judgments the mean there.

Please correct me if I am wrong.
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  #10  
Old 01-17-2010, 01:08 PM
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09/10/2008
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India
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snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Generally there are lots of people getting affected. But there is no one to lead the fight. I am sure once we start people will come and join. I am in the process of contacting the attorneys and consulting companies to fight together. I am also hoping for IV core to come forward and give us direction on this. I am ready to lead and fight. Are you ready to join me. We ARE FIGHTING FOR US.
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  #11  
Old 01-17-2010, 01:14 PM
Donor
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:
N/A
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EB2
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:
09/10/2008
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:
India
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:
I-140
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Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by snram4 View Post
The response is expected. Unless IV core members support nothing will move. Many similar threads came and go in past. IV is giving critical updates only to Donor members. So only donor members will know what is happening. Others will not know anything and will not have any direction. That may be one of the reason for poor response for these kinds of polls. If majority of the members are donors then that will be effective.
I request you not to deviate from the topic. Lets hope IV core come up and support in this struggle.

Last edited by snathan; 01-17-2010 at 03:24 PM.
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  #12  
Old 01-17-2010, 01:18 PM
Senior Member
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Jan-07
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:
EB2
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06/01/2007
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:
07/17/2007
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srini1976 is a name known to all srini1976 is a name known to all srini1976 is a name known to all srini1976 is a name known to all srini1976 is a name known to all srini1976 is a name known to all
Default Count me in.

Please count me in.

Not only is this memo discriminatory this kind of news (some folks call it rumour) has been going on for almost an year and no one bothered to believe it until this memo was released and few good attorneys like Ron Gotcher (followed by others recently) have openly posted news on Newark aiport and openly condemned the memo

Please stop arguing and lets all work together for all H1Bs(remember most of the folks entered the US on this specific visa type and now its pay back time). Do not fight I am L1 or EAD etc. Sooner or later it will affect all...Its coming ..so act faster now. If this continues for a while - majority of the smart folks will prefer to move on.

This is just my interpretation - US is no more the US it used be and attitude towards potential future immigrants (specifically for one country) is certainly changing..

One more to add - I do not want to deviate from the main topic but would like to share my comments. Stop/Delete all threads on compaints from H1B/EAD folks on public forums(example: employer not paying what should I do, No paystubs what to do, how to enter the US with status issues) we are actually feeding the beast with all these topics..hope everyone understands..As the situation is changing we need to change accordingly.

Last edited by srini1976; 01-17-2010 at 01:23 PM.
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  #13  
Old 01-17-2010, 01:47 PM
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N/A
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India
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Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

^^^^^^^^^^^^
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  #14  
Old 01-17-2010, 01:59 PM
Donor
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Dec-03
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:
EB2
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:
India
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:
I-485
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:
08/15/2007
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Posts: 97
cinqsit is just really nice cinqsit is just really nice cinqsit is just really nice cinqsit is just really nice cinqsit is just really nice
Default

count me in. I can provide monetary support - this is all wrong!

cinqsit
__________________
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  #15  
Old 01-17-2010, 02:02 PM
Donor
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:
Jul-07
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:
EB2
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:
11/16/2007
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:
India
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:
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Posts: 23
99mutd08 has much to be proud of 99mutd08 has much to be proud of 99mutd08 has much to be proud of 99mutd08 has much to be proud of 99mutd08 has much to be proud of 99mutd08 has much to be proud of 99mutd08 has much to be proud of 99mutd08 has much to be proud of 99mutd08 has much to be proud of 99mutd08 has much to be proud of
Default

Count me in for all the efforts and contributions.It's time we stand up for ourseleves.
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