solaris27
10-02 11:16 AM
Yes it will be Pending Adjustment for all of you if you use EAD .
But as backup and if not required just be on H1B visa and do job for same company again if possible .
or if you are changing company file H1B extension as backup.
But as backup and if not required just be on H1B visa and do job for same company again if possible .
or if you are changing company file H1B extension as backup.
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amitga
02-10 06:52 PM
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
CRAZYMONK
07-26 09:34 AM
I don't think the 2 question is valid as the GC is for future employment.
Hello,
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
Hello,
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
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Curious_Techie
09-30 12:42 PM
Does the online status change if an RFE is issued? or we just receive the RFE via Postal mail ?
more...
md2003
08-15 09:19 AM
I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
sush
10-03 06:46 PM
The latest one I see is 07/28/2007
more...
Steve Mitchell
March 14th, 2004, 07:56 PM
Obviously we all love cameras, how many of you have or are considering getting a camera phone?
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WeShallOvercome
07-27 03:49 PM
Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.
Not entirely true..
Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.
There are a few things to see if what your lawyer did was correct:
1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf
2) Your company has your facsimile signatures or signature stamps.
Not entirely true..
Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.
There are a few things to see if what your lawyer did was correct:
1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf
2) Your company has your facsimile signatures or signature stamps.
more...
styrum
10-26 10:05 PM
I got this as a real paper letter. The signature is a picture, of course, not real.
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
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eastindia
01-06 09:44 AM
I understand that this bill many not pass or even move any forward. I thought two senior senators from both parties showing interest in this topic is a great opportunity for IV to present our case in a different light. We have been clamoring about the difficulties we are facing because of the present delay in green card processing. Unfortunately this is only our problem and no one else really has to be bothered about it. If we present our case in a mutually beneficial point of view perhaps some of the politicians will have little more interest in our situation. Remember JFK’s famous words…”Ask not what the country can do for you….” If we write to Senators Kerry and Lugar now, even if the bill does not pass, they will consider our situation slightly differently next time CIR or another immigration bill is introduced in the congress. I think IV ought to present our case in all different angles possible rather than the one way approach of expecting mercy in our situation. Most importantly, I think the premise of the proposed Kerry/Lugar bill is very much applicable the folks in IV. Aren’t many people in this forum waiting for an opportunity to do some business on their own? That is how new immigrants in America have always been. We shouldn’t be any different. I am sure we cannot bring in the capital that senators are looking for. But why don’t they view us slightly differently?
If it is a great opportunity, why dont everyone work on it. Start with investing in IV and taking part in it. IV is you and me.
75% of us in this forum do not qualify for the legislation being proposed here!
You are saying we folks cannot even invest 100K into business?
Even if I agree with you for a second. According to you out of 50 thousand IV members 10 thousand members qualify for this legislation. 10 thousand is a very big number.
Where are these ten thousand members? Even if these 10 thousand members invest $25 per month to lobby this bill it will be 250K per month to lobby. This is a huge amount and they can lobby this bill easily. The problem I see in IV is that out of 50 thousand people only 50 people have $25 per month to invest to lobby their own issues. Rest everyone is just sitting here and only contributing opinions.
If it is a great opportunity, why dont everyone work on it. Start with investing in IV and taking part in it. IV is you and me.
75% of us in this forum do not qualify for the legislation being proposed here!
You are saying we folks cannot even invest 100K into business?
Even if I agree with you for a second. According to you out of 50 thousand IV members 10 thousand members qualify for this legislation. 10 thousand is a very big number.
Where are these ten thousand members? Even if these 10 thousand members invest $25 per month to lobby this bill it will be 250K per month to lobby. This is a huge amount and they can lobby this bill easily. The problem I see in IV is that out of 50 thousand people only 50 people have $25 per month to invest to lobby their own issues. Rest everyone is just sitting here and only contributing opinions.
more...
ramakrishna_ram
06-14 07:40 PM
Thank you for your inputs. I really appreciated for your help. We went to Detective office and he allowed my sister only to question. He asked couple of questions regarding that family and theft. My sister explained him that she don't know about that situation. It took about 20 minutes time there. We have below questions still remains in our mind.
1) Do we really required a Lawyer to protect?
2) I believe they should have proper information to arrest or accuse right?
3) We know my sister is innocent but feeling insecure for being happend. so what are all the chances to again question my sister?.
After viewing your messages here, we realized it is wrong to go to Detective office but we went this morning
Please help me in this
1) Do we really required a Lawyer to protect?
2) I believe they should have proper information to arrest or accuse right?
3) We know my sister is innocent but feeling insecure for being happend. so what are all the chances to again question my sister?.
After viewing your messages here, we realized it is wrong to go to Detective office but we went this morning
Please help me in this
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dehradoon
07-17 05:59 PM
Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
You will need to have your spouse back for biometrics, if not then reschedule it early as no show = abondonment of application
You will need to have your spouse back for biometrics, if not then reschedule it early as no show = abondonment of application
more...
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amitjoey
07-13 04:38 PM
Wow!. I did not realise that. I an unknown quantity. What does that mean?
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abhijitp
01-27 11:47 AM
^^
more...
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letstalklc
08-27 05:01 PM
Yes,
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
You are right...There is one case PD of Jan 2008 has been approved....No proper system exist at DOL....it's all fate......thats all I can say....
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waitingnwaiting
01-19 12:32 PM
Let us start a thread to list of EB3 Immigrants that have done well in USA.
We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.
We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.
more...
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reallow23
09-28 05:25 PM
Hello Everyone,
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
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krishgreen
06-01 04:43 PM
Hi All,
I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.
Here is the complete process that I have followed from start to End:
* I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.
* Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
* Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
* On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.
**** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****
*Then he will drop you at US Consulate and stay outside until you pass the security line.
* After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
* After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
*After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.
At the Visa Interview counter:
Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.
VO: Why did you change the company from your Old to New.
ME: Explained the situations.
VO: Do you directly work for the client of your Current Company.
ME: No, I work for a client of another Vendor.
VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
VO: How do we trust that you are really working for the Client.
ME: I pulled out my client letter and Photo ID Card and gave it to VO.
VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
ME: Handed over all the W2's and Payslips.
VO: Can I see your bank statements for last 3 months.
ME: Gave my bank statements.
VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
ME : No.
VO: What is your job description.
ME: Explained.
VO: Is your greencard petition filed.
ME: Yes.
VO: Can I see your Approved labot and I-140.
ME: I have approved labor, but, not approved I-140.
VO: You are supposed to carry all the documents.
ME: Blank face
VO: Okay, your Visa is approved.
ME: Thank you :-)
NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.
We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.
Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.
Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.
Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.
After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.
If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).
If anybody have any questions, please let me know.
Good luck.
I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.
Here is the complete process that I have followed from start to End:
* I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.
* Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
* Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
* On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.
**** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****
*Then he will drop you at US Consulate and stay outside until you pass the security line.
* After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
* After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
*After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.
At the Visa Interview counter:
Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.
VO: Why did you change the company from your Old to New.
ME: Explained the situations.
VO: Do you directly work for the client of your Current Company.
ME: No, I work for a client of another Vendor.
VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
VO: How do we trust that you are really working for the Client.
ME: I pulled out my client letter and Photo ID Card and gave it to VO.
VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
ME: Handed over all the W2's and Payslips.
VO: Can I see your bank statements for last 3 months.
ME: Gave my bank statements.
VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
ME : No.
VO: What is your job description.
ME: Explained.
VO: Is your greencard petition filed.
ME: Yes.
VO: Can I see your Approved labot and I-140.
ME: I have approved labor, but, not approved I-140.
VO: You are supposed to carry all the documents.
ME: Blank face
VO: Okay, your Visa is approved.
ME: Thank you :-)
NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.
We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.
Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.
Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.
Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.
After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.
If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).
If anybody have any questions, please let me know.
Good luck.
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ramus
06-14 10:43 AM
Guys,
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
hopein07
02-09 10:26 AM
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:
From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM
Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.
Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.
The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.
However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.
''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.
''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.
The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.
However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.
But Mathew said BAPIO will not take any further legal action.
''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''
The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.
But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.
Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.
Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.
''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.
The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:
From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM
Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.
Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.
The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.
However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.
''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.
''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.
The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.
However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.
But Mathew said BAPIO will not take any further legal action.
''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''
The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.
But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.
Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.
Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.
''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.
The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.
Maverick1
05-14 01:53 PM
Point taken.
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
New_phd , Just take it easy.
Hope you continue to visit this. :) :)
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
New_phd , Just take it easy.
Hope you continue to visit this. :) :)
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