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  #16 (permalink)  
Old 10-29-2015, 07:45 PM
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Appreciate IV for bringing this out at this right time - guess IV also learnt such hard lessons from past .
This should make this very crystal clear so that folks who still dont get it can understand the sheer duplicity played by such creatures . Its not for IV , not for lawyer but for you and all those who just are not able to see things beyond those nicest and sweet words from that legal community .
Time and again , we agreed that lawyers are not bad people per say .. they are just doing their profession which is what anyone would do -i.e to do best in your profession and look for their own interests ...their profession profits by keeping ppl backlogged and get more H1/L1s.. nothing wrong here .

But problem comes when these legal community start pretending to represent immigrants or try to be sympathetic to backlogged plights ... This sheer hypocrisy and duplicity by these *** need to be exposed . They are the ones who created such a complex system and yet have such an audacity to claim being pro-immigrant ??

That guy was point out IV's credibility taking a hit and lookslike he is himself trying all he can to save his credibility . Let him try his best - all power to him .. after all he is master of how to market on internet ... The book he authored - http://www.amazon.com/Lawyers-Market.../dp/1590318765 )
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  #17 (permalink)  
Old 10-29-2015, 09:35 PM
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Originally Posted by Bhishma View Post
Poor Siskind is trying so hard to make a fool out of himself.
I think we should send him some flowers for trying and may be
A book on how not to get carried away
Don't feel bad for Greg. He knows exactly what he is doing. Him and his friends at AILA are perfectly capable of taking care of themselves. Reserve your sympathy for fellow H1-B's making 30-40% of their potential while being screwed by abusive employers.

Cracking down on precisely that kind of abuse is what made Siskind and AILA oppose HR.3012 (UPDATE/ACTION ITEM:HR3012: Ask your employer to sign this petition supporting HR3012). "High Skilled Immigration" has essentially become a human trafficking operation for many people - feel bad for the victims - not the perpetrators and their defenders.

The only reason we have any credibility on the Hill is because we unflinchingly and unfailingly speak the truth - regardless of how unpalatable it might be - and people respect that. Our bill has 59 sponsors (today), AILA and the companies are held in such low esteem on the Hill, they can't even find a Congressman to introduce their bill.

Please don't feel bad for Siskind, AILA or any of those crooks. When IV is done with them, they will be better off when the find an honest way to make a living.
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Last edited by hil3182; 10-29-2015 at 10:03 PM.
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  #18 (permalink)  
Old 10-29-2015, 10:32 PM
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Quote:
Originally Posted by hil3182 View Post
Don't feel bad for Greg.
My apologies. For a few minutes, I forgot that he was an immigration lawyer. Thank you for pointing it out.

But, I must say, it was fun to get the definition of 'shortly' from Greg
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  #19 (permalink)  
Old 10-29-2015, 11:39 PM
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Originally Posted by hil3182 View Post


If you read between the lines, they are very careful to reiterate over and over again that only people with pending AoS should benefit from this. This submission happened in late May of this year. At this time everyone and his dog know that I140-EAD was in the works and the sole reason USCIS was going through the AC-21 rule-making process was to consider the intent of Congress and issue I140-EAD.

I.
I read it again it is again filled twisted reasoning.

Truth: The benificiary has an interest in I-140 decision from the day it is filed.

AILA Twisted Truth: But according to the perfect interpreters of the original congressional intent (AILA), that interest by the beneficiary only surfaces after filing 485 filing.

I found this series of atricles for those like me who are now into learning immigration law.
ILW.COM - "A Moveable Feast": New and Old Portability under AC21 105 (Finale)
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  #20 (permalink)  
Old 10-30-2015, 10:21 AM
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Gentlemen, I did read through the submission. Maybe I am being extra dense, so please bear with me. I want to get this right.

In my reading of the document, it speaks about the beneficiary being an interested party equal to a petitioner and it makes a case for them to be informed of any actions after the Adjustment of Status is filed.

What it does not do is make a strong case that beneficiaries with an approved I-140 have an equally strong interest in the outcome of the visa application.

Is that statement correct?

Also, while it does not request for I-140 EAD, the document itself does not seem the correct place to request that.

I tried searching through the forum for context, but could not
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  #21 (permalink)  
Old 10-30-2015, 10:25 AM
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Ah.. This is interesting.. The document is worded extremely well..

This is where they define the beneficiary

"AC21 stands in stark contrast to the present interpretation of the "affected
party" regulation. Once a beneficiary triggers AC21 by filing an adjustment of status
application that remains pending for 180 days, the beneficiary has a right to change
employment without risking the automatic revocation of the visa petition"

In the rest of the document, they go on to discuss the rights of AC21 beneficiary WITHOUT the fact that the beneficiary is an interested party THROUGHOUT the entire application.

Let me read through this again.
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  #22 (permalink)  
Old 10-30-2015, 10:38 AM
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Quote:
Originally Posted by legalexpat View Post
Let me read through this again.
Please do.

And when you do, please keep the following points in mind:
  • If you are not an "Interested Party" in your I-140, you cannot get EAD.
  • AILA is saying you are in "Interested Party" 180 days AFTER I-485 submission - when you presumably are already enjoying I-485 EAD
  • What use is being an "Interested Party" in a presumably approved I-140 application AFTER you have I-1485 EAD? Its like "owning" your F1 visa after you get on an H1-B.
  • All this talk of ownership is shaddow boxing around I-140 EAD.
  • There is an edge case where AILA's submission makes sense - concurrent I-140 and I-485 filing, but USCIS isn't going through the rulemaking process for this edge case - they are going through rule making for I-140 EAD i.e. "Job Mobility" which President Obama himself announced. By ignoring this elephant in the room, AILA is acting in bad faith.
  • Don't hold me to this, but I think concurrent I-140 and I-485 submissions were stopped before AILA sent those comments in - making even the edge case moot.
  • Why then did AILA tie themselves in knots trying desperately to limit the scope of AC21 rule-making to people who are 180 days AFTER I-485 approval and completely ignoring the elephant in the room? Is is called acting in good faith?
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Last edited by hil3182; 10-30-2015 at 10:52 AM.
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  #23 (permalink)  
Old 10-30-2015, 12:01 PM
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Good points Hil.

Here is another old post from you on the same letter:
Immigration Voice - View Single Post - Questions and Answers on How to file Adjustment Of Status

That AILA letter was a great opportunity to at the least "show" support, but they did not because what if the support really translated into reality? They would have been screwed by losing this indenture servitude "Feast".

And it should be noted again that when writing in response to VB reversal, AILA took the time to highlight irrelevant issues (except the I-140 EAD/AP). In fact, I-140 EAD/AP is the only relevant issue which could have been in that AILA letter. Just like yesterday's letter by House Democrats letter did.
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  #24 (permalink)  
Old 10-30-2015, 12:44 PM
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Let me ask folks a few rhetorical questions.

Why do you think the AC21 was written in such a way that you needed to file AoS to get Job Mobility?

Is it not obvious that there are only 140K GC's given out every year - with a per-country cap?

What about everybody else waiting to file for AoS? Don't they need Job Mobility?

Now some of you might say, well - no one foresaw the a scenario where filing AoS was the bottleneck - which is complete bullshit!!! This is because the same AC21 act explicitly lets you file H1 extensions (post 6-years) even before you file AoS - so someone clearly saw the bottleneck!!!


We know the lobbyists who were behind this - by name. These same lobbyists are very upset that IV is finding loopholes in the restrictions they specifically put in AC21 to screw us. They are at war with us right now to stop I-140 EAD.


You may choose to believe it or not - but AILA and Companies have been screwing us for decades - since the H1-B program was first created. Every single tweak to the H1-B program has been done with the end goal of harmonizing the interests of AILA and Companies. AILA's interests are to maximize fees and Companies interests are cheap long-term labor. The current system maximizes both.


Had IV existed when AC21 was written - I guarantee you the bill would have looked very different and we would not be in this mess today.
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Last edited by hil3182; 10-30-2015 at 12:47 PM.
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  #25 (permalink)  
Old 10-30-2015, 03:01 PM
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@hil3182 - I believe you're right.

The piece that was missing for me was that I did not understand that EAD can be given to an "interested" party. Yes, it is obvious on hindsight and common sense.

That submission, on further reading, could be straight out of George Orwell's 1984.

To be honest, my first reading was the whole submission seemed to be advocating for Immigrants. But it's essentially saying that 180 days after SUBMISSION of I-485 is when this needs to happen. That is just INSANE.

I apologize. I thought that AILA/Greg and other lawyer have the interests of immigrants at heart. I was wrong.

Summary:

1. Between this and the other submission where they did not mention I-140 EAD as well, I feel that AILA definitely has not advocated for I-140 EAD and has, as shown in the May 2015 submission, tried to say that the beneficiary is not an interested party till AoS is filed.

2. A common American saying is "Follow the money". Figuring out how AILA is funded is not really difficult. Would anyone work against the interests of your employers ? Then, they need to understand how AILA is funded.

3. I don't know about lawyers, but if someone belongs to AILA, then I would assume they represent their views. I am not saying Greg is a bad guy (to be honest I still think he is genuine), but if he is employed by someone and that someone holds reins on his future employment, then Greg has very limited options on what he can do.
Curiously enough, that is the exact reason why we want I140-EAD :-) .

4. I still think IV's supporters tend to go overboard, but I think they have a very very strong case on why they are so against immigration lawyers. I don't have any background on what undisclosed conversations they have had, but I would not be surprised that they have encountered significant opposition.

5. Lastly, I think it is high time we recognize that beyond the immigration organizations or IV or lawyers are the main contributors to the problem. Those are the organizations that want lower and lower wages and they have deeper pockets than we will ever have. Knowing that, I have a newfound respect for IV who have actually accomplished quite a lot.

A lot of people deride IV for asking donations. Let me rephrase that. They have a donation page. I have not seen anyone solicit donations in all the forum posts I have seen. This is a good thing. AILA does not have a donate page, but they need to pay for the members and they do need to pay for travel, food and meeting with legislators. Once you know where that comes from, you will easily know where their interests lie.
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  #26 (permalink)  
Old 10-30-2015, 03:21 PM
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Quote:
Originally Posted by legalexpat View Post
I apologize. I thought that AILA/Greg and other lawyer have the interests of immigrants at heart. I was wrong.
Its the game of perception my frd . Thats what makes unsuspecting folks think AILA/Greg are working for you whereas these guys are exactly trying to screw you under the bus .. Luckily we now have IV to fight such behind the scene games . There are still nuts who every time peep into IV's forum and then discuss what IV says in lawyers forum and ridicule the same org that is truly standing for them in this world of lies/deceits .. The EB folks can atleast do their bit (if nothing else ) by not following such lawyers when it comes to any relief for backlogged folks . Time and again its been proven and IV has spoken enough on this .

Its high time that we justify that we are high skilled by exercising commonsense to discern facts from fiction and decide who truly stands for us
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  #27 (permalink)  
Old 10-30-2015, 03:53 PM
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Quote:
Originally Posted by legalexpat View Post

A lot of people deride IV for asking donations. Let me rephrase that. They have a donation page. I have not seen anyone solicit donations in all the forum posts I have seen. This is a good thing. AILA does not have a donate page, but they need to pay for the members and they do need to pay for travel, food and meeting with legislators. Once you know where that comes from, you will easily know where their interests lie.
I personally feel bad when people blame IV for everything, which implies they also failed as there is no other mature organization out there representing us.

Following your line of thought, IV' money (and time) comes from "our" contributions and the IV guys are working for us. No one else.

Like Hil said in a recent post, 80% of IV are backlogged and I guess the remaining 20% are already beyond the backlog mess and still providing their time and years of knowledge. I read some of the posts of the old timers and I believe they know what they are talking about.

With that, let me ask the question "How much will the rest of the backlogged class pay for I-140 EAD/AP fix?"*


*(not a donation pitch)
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  #28 (permalink)  
Old 10-31-2015, 03:03 PM
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But at the time AC21 they did recapture also. So it is not entirely true that lawyers are playing villian game. During that period when people were leaving after 6 years of H1b AC 21 was Saviour for employees and employers. Each and every part of the law had meaning. They made immigration more difficult just to give more opportunity to US citizens. Now that is going away by relaxing each and every rule.
And each and every group is working on their own agenda than the global benefit. IV also no exception. Hr 3012 and Hr 213 will benefit Indians at the cost of the other countries. But still IV is working on it. The bill could have included recapture or dependent exemption and IV could have asked all or none. But still it is seeing own agenda but expecting the support from all. When there is a difference in policy division is not unexpected. Even for IV there was a speculation that IV's effort made USCIS to change the policy of spill over(Earlier it was split between Eb3 and Eb2 and then chnaged to EB2). But no acceptance or denial for this. So there will be always big speculation for a very small truth.

Quote:
Originally Posted by hil3182 View Post
Let me ask folks a few rhetorical questions.

Why do you think the AC21 was written in such a way that you needed to file AoS to get Job Mobility?

Is it not obvious that there are only 140K GC's given out every year - with a per-country cap?

What about everybody else waiting to file for AoS? Don't they need Job Mobility?

Now some of you might say, well - no one foresaw the a scenario where filing AoS was the bottleneck - which is complete bullshit!!! This is because the same AC21 act explicitly lets you file H1 extensions (post 6-years) even before you file AoS - so someone clearly saw the bottleneck!!!


We know the lobbyists who were behind this - by name. These same lobbyists are very upset that IV is finding loopholes in the restrictions they specifically put in AC21 to screw us. They are at war with us right now to stop I-140 EAD.


You may choose to believe it or not - but AILA and Companies have been screwing us for decades - since the H1-B program was first created. Every single tweak to the H1-B program has been done with the end goal of harmonizing the interests of AILA and Companies. AILA's interests are to maximize fees and Companies interests are cheap long-term labor. The current system maximizes both.


Had IV existed when AC21 was written - I guarantee you the bill would have looked very different and we would not be in this mess today.
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  #29 (permalink)  
Old 10-31-2015, 04:12 PM
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Quote:
Originally Posted by Ramalingam View Post
But at the time AC21 they did recapture also. So it is not entirely true that lawyers are playing villian game. During that period when people were leaving after 6 years of H1b AC 21 was Saviour for employees and employers. Each and every part of the law had meaning. They made immigration more difficult just to give more opportunity to US citizens. Now that is going away by relaxing each and every rule.
And each and every group is working on their own agenda than the global benefit. IV also no exception. Hr 3012 and Hr 213 will benefit Indians at the cost of the other countries. But still IV is working on it. The bill could have included recapture or dependent exemption and IV could have asked all or none. But still it is seeing own agenda but expecting the support from all. When there is a difference in policy division is not unexpected. Even for IV there was a speculation that IV's effort made USCIS to change the policy of spill over(Earlier it was split between Eb3 and Eb2 and then chnaged to EB2). But no acceptance or denial for this. So there will be always big speculation for a very small truth.
When AC21 passed, Congress wanted to do something about the backlog. They could have done things like dependent-exemption and lifting the per-country cap which would have fixed the problem long-term.

Instead they did recapture and left the system as-is. Recapture was a one-time fix and everyone knew that the backlog will grow. To make sure the backlog will grow, AILA and the companies pushed Congess to increase the H1 visa cap to 195K without increasing Green Cards in AC21. What do you think will happen with to the backlog when they increase H1-B without increasing Green Cards?

The biggest cause for the backlog today is precisely the AC-21 imbalance in H1-B's and Green Cards which just kept rolling on.

This was a deliberate and cynical choice.

The only reason they did recapture was to make AC21 look good, when infact it was a piece of putrefying s**t. This is a common tactic, that is why "LegalExpat" first thought AILA's submission was good for immigrants when infact it was carefully written to reduce the chances of I140-EAD.

As far as "people were leaving" before AC21 - that is true. AILA and the companies made damn sure we could stay - but under their terms, with minimal Job Mobility (that could be ruined by revoking I-140 at any time) and having to pay the "lawyer tax" every three years. Job portability pre filing for AoS is a joke and the reason it is bad is no accident - it is deliberate.

I don't understand why you continue to defend and explain AILA's agenda. The issue here is people think AILA and immigration lawyers are their friends and are working for them -- this misconception hurts everyone stuck in backlog because AILA is telling powerful people that they speak for backlogged -- when they infact don't. AILA's positions actually hurt us - people need to speak up against AILA or people in Washington will listen to AILA thinking they speak for us and we will end up deeper and deeper in this hole.

Reading HR.213, the reason there is no dependent or recapture in there because any net-increase in Green Cards will not pass this Congress. Anyone who wants to add recapture of dependent exemption to HR.213 is trying to make sure HR.213 will not happen - it is called a "poison pill".

Also, IV has nothing to do with EB-2 vs EB-3 overflow politics - if you don't want to believe it, there is nothing we can do.

You might find this hard to understand - because your experience is limited to fourms, we don't speculate - we deal in facts. This is because we have boots on the ground. The people that did the bargaining for AC21 are still around, still doing high skilled lobbying and we talk to them - and bash them in all kinds of meetings regularly. It is precisely because of that kind of bashing I-140 EAD is happening DESPITE AILA's desperate attempts to stop it. People are slowly figuring out AILA is dealing in bad faith.

Administrator2's post bears repeating over and over:
Quote:
Originally Posted by Administrator2 View Post
For those of us who are stuck in backlogs, there is ONLY one side. You may not realize it, some may not understand it, but there is only one side. EVERYONE, that means EVERYONE out their is working to screw you. Lawyers, Employers, Companies, US companies, Indian Companies, you name it. You may not understand it, but that doesn't change the facts
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  #30 (permalink)  
Old 10-31-2015, 04:52 PM
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I have no reason to defend lawyers. When you work with lobbyists and government agencies you should be knowing more information than me or who spend only in forum. But it is difficult to know other's intentions and hidden agenda if any. I surprised to see the comments about lawyers from Admin recently. That became aggressive nowadays and was mild before that. Still there is no question that IV worked on fixes H4-EAD and I140 EAD and VB modernization.

Quote:
Originally Posted by hil3182 View Post
When AC21 passed, Congress wanted to do something about the backlog. They could have done things like dependent-exemption and lifting the per-country cap which would have fixed the problem long-term.

Instead they did recapture and left the system as-is. Recapture was a one-time fix and everyone knew that the backlog will grow. To make sure the backlog will grow, AILA and the companies pushed Congess to increase the H1 visa cap to 195K without increasing Green Cards in AC21. What do you think will happen with to the backlog when they increase H1-B without increasing Green Cards?

The biggest cause for the backlog today is precisely the AC-21 imbalance in H1-B's and Green Cards which just kept rolling on.

This was a deliberate and cynical choice.

The only reason they did recapture was to make AC21 look good, when infact it was a piece of putrefying s**t. This is a common tactic, that is why "LegalExpat" first thought AILA's submission was good for immigrants when infact it was carefully written to reduce the chances of I140-EAD.

As far as "people were leaving" before AC21 - that is true. AILA and the companies made damn sure we could stay - but under their terms, with minimal Job Mobility (that could be ruined by revoking I-140 at any time) and having to pay the "lawyer tax" every three years. Job portability pre filing for AoS is a joke and the reason it is bad is no accident - it is deliberate.

I don't understand why you continue to defend and explain AILA's agenda. The issue here is people think AILA and immigration lawyers are their friends and are working for them -- this misconception hurts everyone stuck in backlog because AILA is telling powerful people that they speak for backlogged -- when they infact don't. AILA's positions actually hurt us - people need to speak up against AILA or people in Washington will listen to AILA thinking they speak for us and we will end up deeper and deeper in this hole.

Reading HR.213, the reason there is no dependent or recapture in there because any net-increase in Green Cards will not pass this Congress. Anyone who wants to add recapture of dependent exemption to HR.213 is trying to make sure HR.213 will not happen - it is called a "poison pill".

Also, IV has nothing to do with EB-2 vs EB-3 overflow politics - if you don't want to believe it, there is nothing we can do.

You might find this hard to understand - because your experience is limited to fourms, we don't speculate - we deal in facts. This is because we have boots on the ground. The people that did the bargaining for AC21 are still around, still doing high skilled lobbying and we talk to them - and bash them in all kinds of meetings regularly. It is precisely because of that kind of bashing I-140 EAD is happening DESPITE AILA's desperate attempts to stop it. People are slowly figuring out AILA is dealing in bad faith.

Administrator2's post bears repeating over and over:
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