chanduv23
05-29 03:45 PM
Folks - here is the thing. lets work towards fixing our issues.
If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.
As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.
Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.
Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.
IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.
Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps
Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.
If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.
As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.
Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.
Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.
IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.
Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps
Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.
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Lasantha
12-14 02:43 PM
Yes BP, in that case Britain too will be oversubscribed just like IN,CH,MXa and PH.
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"
Example: Britain, Pakistan.
Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.
Is that allowed?
Same question for Pakistan...
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"
Example: Britain, Pakistan.
Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.
Is that allowed?
Same question for Pakistan...
dilipcr
06-16 02:15 PM
I agree with you. This guy applied his GC in 2001 and got it in 2003. In just 2 years. He made a stupid decision to leave MSFT and then lost 3 jobs in a short span. He is some nut mental case who is happy seeing others getting screwed. Maybe he works his way up by pushing others down.
I dont understand as to why you are so enamoured about MSFT ? Is leaving MSFT a stupid decision ? Why do you jump to conclusions in a public forum without understanding the facts behind a decision ? Let me give you some facts about MSFT and my decision to leave. Draw your conclusions accordingly. As a techie, atleast then, MSFT was among the top notch companies to work for. The work was satisfying and not to mention the pay was rewarding too (atleast in 1994). Back then MSFT's core cash cow products were MS Office and Windows. That is the case even today. MS Office's 2000 release and Windows NT releases were path breakers. In my opinion, if you are in any group other than these 2 groups within MSFT, I dont think the work is truly satisfying. If your concern is a stable paycheck then ignore my opinion.
Back in late 2000, the labor queue in WA, CA, NY and TX states was way too huge and the processing times were long. I surveyed the land for labor certification times and chose to move to MN or IA inorder to get thru this process faster. I chose a dot com company in MN and my labor and I140 flew fast before the 9/11 disaster struck. Oh BTW I was millionaire "on paper" for about 28 days :-). You may think that I went thru the entire GC for just 2 years. You need to check with people who had been GC during that time of the times we were in. In those days, in the immediate aftermath of 9/11, every immigrant in the midwest was scorned with hatred. Google immigrant tales and you will know. I had planned hard, gave up a stable paycheck and went thru 3 layoffs to get my GC. I believe that the long queues atleast in labor and I140 are due to a large number of people applying from NY and CA. I hope you would realize that people think through issues before making decisions. If you have not done the same dont scoff at people who do so.
One last tid bit - MSFT is not the greatest of organizations that you think it is. As I said, if a stable paycheck is all you care for then you are right. If you are looking for real exciting action on the prfessional front, just in my humble opinion, think Hedge funds.
I dont understand as to why you are so enamoured about MSFT ? Is leaving MSFT a stupid decision ? Why do you jump to conclusions in a public forum without understanding the facts behind a decision ? Let me give you some facts about MSFT and my decision to leave. Draw your conclusions accordingly. As a techie, atleast then, MSFT was among the top notch companies to work for. The work was satisfying and not to mention the pay was rewarding too (atleast in 1994). Back then MSFT's core cash cow products were MS Office and Windows. That is the case even today. MS Office's 2000 release and Windows NT releases were path breakers. In my opinion, if you are in any group other than these 2 groups within MSFT, I dont think the work is truly satisfying. If your concern is a stable paycheck then ignore my opinion.
Back in late 2000, the labor queue in WA, CA, NY and TX states was way too huge and the processing times were long. I surveyed the land for labor certification times and chose to move to MN or IA inorder to get thru this process faster. I chose a dot com company in MN and my labor and I140 flew fast before the 9/11 disaster struck. Oh BTW I was millionaire "on paper" for about 28 days :-). You may think that I went thru the entire GC for just 2 years. You need to check with people who had been GC during that time of the times we were in. In those days, in the immediate aftermath of 9/11, every immigrant in the midwest was scorned with hatred. Google immigrant tales and you will know. I had planned hard, gave up a stable paycheck and went thru 3 layoffs to get my GC. I believe that the long queues atleast in labor and I140 are due to a large number of people applying from NY and CA. I hope you would realize that people think through issues before making decisions. If you have not done the same dont scoff at people who do so.
One last tid bit - MSFT is not the greatest of organizations that you think it is. As I said, if a stable paycheck is all you care for then you are right. If you are looking for real exciting action on the prfessional front, just in my humble opinion, think Hedge funds.
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fairman
08-17 01:21 PM
Most of the Bollywood movies are junk ( vulgar dances etc.) . As more and more people mature in the north, the market for stars like SRK will dwindle. I request everybody to follow classic Bengali/Mallu movies.
more...
BharatPremi
07-26 03:58 PM
India of course. I am here for the same reason that you are - India sucks.
At least India gave you the oppertunity to develop "High Skill" which can be accepted by USA and so you are here. If India might not have given you that oppertunity then Would it be able for you to rant on this board?
At least India gave you the oppertunity to develop "High Skill" which can be accepted by USA and so you are here. If India might not have given you that oppertunity then Would it be able for you to rant on this board?
villamonte6100
12-14 02:39 PM
I think you are taking it so personal. I am not opposing this idea. In fact, I suggested to check with your immigration lawyers and share what they say.
All I'm saying is that, in my personal view, I don't see any discrimination on the existing law you are pointing out. I don't see anyone being discriminated. It just so happen that we belong to 4 countries affected by this quota.
If we can ask the US government to probably give exception to us, I think that's one idea. But that's absolutely remote.
My country of origin has got nothing to do with what we are talking here. You are taking so personal because you might have been waiting for your GC for quite sometime. Well, we are just on the same boat.
This is an open forum my friend. So please take it easy.
Villamonte,
Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)
Thanks.
All I'm saying is that, in my personal view, I don't see any discrimination on the existing law you are pointing out. I don't see anyone being discriminated. It just so happen that we belong to 4 countries affected by this quota.
If we can ask the US government to probably give exception to us, I think that's one idea. But that's absolutely remote.
My country of origin has got nothing to do with what we are talking here. You are taking so personal because you might have been waiting for your GC for quite sometime. Well, we are just on the same boat.
This is an open forum my friend. So please take it easy.
Villamonte,
Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)
Thanks.
more...
vjkypally
09-14 03:08 PM
Tere Muh mein:) Ghee Shakkar:D
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NNReddy
09-03 06:06 PM
It's a sad day indeed for India(and AP in particular) to loose a dynamic leader with a vision. Go to every village in Andhra and ask them are they better off now compared to six years ago. YSR did a lot to AP, would have done much more if he lived.
He made money, most of it legally, by establishing companies and getting contracts and positioning them for growth. Everyone had opportunity to do it. He also did a lot for poor people. Show me any other politician in india who had the vision or energy YSR has. Now that he died, it's really sad that we come up with so many things against him.
Look at US media/people, kennedy died last week, did they say everything he got was because he was born as kennedy, he is indeed born into the family and family choose him as a senator when JFK became president. he became senator because of his birth, but he did lot of good, fought for health care, immigration and against war.
It's not how you got the opportunity, but what you did with opportunity. YSR was born in middle class family, he climbed the ladder thru hard work. kennedy was born into wealth/privileage, he used it to further liberty. Yeah, both of them were not perfect, but the good they did outbalances the bad they did. What about all of us, what are we doing, just working in non-descript jobs, are we contributing anything to mankind(apart from our family) or nature?
He made money, most of it legally, by establishing companies and getting contracts and positioning them for growth. Everyone had opportunity to do it. He also did a lot for poor people. Show me any other politician in india who had the vision or energy YSR has. Now that he died, it's really sad that we come up with so many things against him.
Look at US media/people, kennedy died last week, did they say everything he got was because he was born as kennedy, he is indeed born into the family and family choose him as a senator when JFK became president. he became senator because of his birth, but he did lot of good, fought for health care, immigration and against war.
It's not how you got the opportunity, but what you did with opportunity. YSR was born in middle class family, he climbed the ladder thru hard work. kennedy was born into wealth/privileage, he used it to further liberty. Yeah, both of them were not perfect, but the good they did outbalances the bad they did. What about all of us, what are we doing, just working in non-descript jobs, are we contributing anything to mankind(apart from our family) or nature?
more...
gcdreamer05
07-17 11:50 AM
Hi Attorney,
My friend has an I-140 EB3 priority date oct 2005 approved and he had filed for 485 during july 2007.
He also has another approved LC under EB2 category and he has to file I-140 now.
In August 2008, the EB2 priority date becomes current for him since if he interfiles he would get oct 2005 on his new I-140.
Since he would be porting his EB3 PD to EB2 I-140, is it allowed that now in august he can file both I-140 & I-485 along with porting PD request.
or should he only file I-140 with porting request alone.
Does USCIS still allow concurrent filing and in this scenario can he file concurrently.
What happens to his earlier 485, does he need to withdraw it or how does it work. He is still working on his h1b now.
What will happen to the EAD which was recieved but not yet used. For the new 485 will he get a new EAD or how does EAD depend on changes to 485.
Please clarify.
Thanks.
My friend has an I-140 EB3 priority date oct 2005 approved and he had filed for 485 during july 2007.
He also has another approved LC under EB2 category and he has to file I-140 now.
In August 2008, the EB2 priority date becomes current for him since if he interfiles he would get oct 2005 on his new I-140.
Since he would be porting his EB3 PD to EB2 I-140, is it allowed that now in august he can file both I-140 & I-485 along with porting PD request.
or should he only file I-140 with porting request alone.
Does USCIS still allow concurrent filing and in this scenario can he file concurrently.
What happens to his earlier 485, does he need to withdraw it or how does it work. He is still working on his h1b now.
What will happen to the EAD which was recieved but not yet used. For the new 485 will he get a new EAD or how does EAD depend on changes to 485.
Please clarify.
Thanks.
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PlainSpeak
01-14 12:38 PM
PlainSpeak - instead of spending so much time on responding to everyone's criticism of you, why dont you go ahead and detail out the "how" of "what" you think IV should do.
Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.
Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).
For all you know, it might open the eyes of a lot of people here.
PlainSpeak - instead of spending so much time on responding to everyone's criticism of you, why dont you go ahead and detail out the "how" of "what" you think IV should do.
My friend if all you abusive people wil stop criticing and providing abusive comments then we can start on teh actual work. I am not going to jump through hoops just because you have asked me to. First let me see whether the attitude of the people out here (Yes i mean you abusive people) will change becasue without doing that if i start on the implementing what i am talkinbg about all you guys will do is sabotage the talk
Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.
This is a forum right. How what where and when will have to be discussed and worked out (And yes i do not want any credit for it so name it GCHope2001's grand idea for all i care), but ....
If everyone is against the plan from the start (and being vocally abusive about it) how do you think anything will move forward on this
Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).
Only if i think at least 25 % of all you senior abusive member even agree in principle with what is being proposed. Heck my idea is for releif for EB retrogressed persons and all i get from all you senior memebers and donors is oh he is lazy skill less eb3 and he is doing it to get his creen card and other comments and everyone is all about lets bash this person and oh wow she is a gal so lets do some crude women joke (There was a guy ealier who talked about proper up bringing. I do not see you here any more)
And yes my friends please use this as an oppurtunity to start off a new discussion about how he needs help. My friends everyone needs help. Even you. Even core
For all you know, it might open the eyes of a lot of people here. How can some one open up the eyes of the people who bent on keeping it closed. First is there a concensus on this. I do not see any. Any you want me to stand up ubn front of all these people batying for blood and give a detail idea of ho wi wil accomplish. I do not talk to people like that why would i talk about any plan to those who do not agree with even discussing it forget about implementing it
Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.
Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).
For all you know, it might open the eyes of a lot of people here.
PlainSpeak - instead of spending so much time on responding to everyone's criticism of you, why dont you go ahead and detail out the "how" of "what" you think IV should do.
My friend if all you abusive people wil stop criticing and providing abusive comments then we can start on teh actual work. I am not going to jump through hoops just because you have asked me to. First let me see whether the attitude of the people out here (Yes i mean you abusive people) will change becasue without doing that if i start on the implementing what i am talkinbg about all you guys will do is sabotage the talk
Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.
This is a forum right. How what where and when will have to be discussed and worked out (And yes i do not want any credit for it so name it GCHope2001's grand idea for all i care), but ....
If everyone is against the plan from the start (and being vocally abusive about it) how do you think anything will move forward on this
Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).
Only if i think at least 25 % of all you senior abusive member even agree in principle with what is being proposed. Heck my idea is for releif for EB retrogressed persons and all i get from all you senior memebers and donors is oh he is lazy skill less eb3 and he is doing it to get his creen card and other comments and everyone is all about lets bash this person and oh wow she is a gal so lets do some crude women joke (There was a guy ealier who talked about proper up bringing. I do not see you here any more)
And yes my friends please use this as an oppurtunity to start off a new discussion about how he needs help. My friends everyone needs help. Even you. Even core
For all you know, it might open the eyes of a lot of people here. How can some one open up the eyes of the people who bent on keeping it closed. First is there a concensus on this. I do not see any. Any you want me to stand up ubn front of all these people batying for blood and give a detail idea of ho wi wil accomplish. I do not talk to people like that why would i talk about any plan to those who do not agree with even discussing it forget about implementing it
more...
diqingshen
07-04 12:40 PM
Can we also contact compete america for their actions? Their members companies must have suffered a lot as well.
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ramus
07-03 09:24 PM
Please give input to Mecaca on this so he can come with good template that we can use to send email to reporters..
Every one please give your thoughts/input on this.
I am trying an outline for sending to media + lawmakers + ...
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Rejected June filers can not file.
June filers did not file because they thought they will file in July.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
Every one please give your thoughts/input on this.
I am trying an outline for sending to media + lawmakers + ...
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Rejected June filers can not file.
June filers did not file because they thought they will file in July.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
more...
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amitjoey
01-13 04:14 PM
Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
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jayleno
07-27 09:14 AM
Buddy Kushal,
You have guts my friend. A real quickstar indeed. Please PM me. I will join quickstar, I'm really impressed with your speech here. You had me at US Army. I didn't read the rest of it.
P.S. I dont flip channels, my wife does and I watch whatever is playing. I sip beer and burp after. I hope I'm qualified to join.
Its like asking an anti-immigrant, what you think about legal/illegal immigration?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
You have guts my friend. A real quickstar indeed. Please PM me. I will join quickstar, I'm really impressed with your speech here. You had me at US Army. I didn't read the rest of it.
P.S. I dont flip channels, my wife does and I watch whatever is playing. I sip beer and burp after. I hope I'm qualified to join.
Its like asking an anti-immigrant, what you think about legal/illegal immigration?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
more...
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Vishal2007
05-02 01:12 AM
I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
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ksircar
01-28 08:43 AM
We should not discuss this type of advertisements in this forum, we are giving them indirect publicity.
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qvadis
12-13 05:28 PM
Folks,
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
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mundada
12-13 02:00 PM
I think you have made a great argument. The original intention of diversity quota was to prevent people from certain European countries from becoming a dominant race in the US in 1920s.
However, the Civil Rights Act that protects national origin came into effect in 1964.
I am not a lawyer but have been taking business law course. I therefore believe if national origin discrimination is not allowed in the employment then unusually high (5 years) green card delays for certain nationalities is promoting national origin discrimination by detering employers from hiring people born in certain countries.
I think this argument will fly. I am not sure family based restrictions could be lifted but national origin quota restriction on employment and national origin non-discrimination in employment are definitely contradicting each other.
FYI:
TITLE VII of the 1964 CIVIL RIGHTS ACT (1964)
The protected classes: race, color, sex, religion & national origin. Employers with 15 or more employees. The most well known employment discrimination statute. Prohibits employment discrimination against the protected classes - race, color, sex, religion & national origin – in every aspect of employment, i.e. hiring, firing, promotion, training, working conditions, compensation, etc.
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
However, the Civil Rights Act that protects national origin came into effect in 1964.
I am not a lawyer but have been taking business law course. I therefore believe if national origin discrimination is not allowed in the employment then unusually high (5 years) green card delays for certain nationalities is promoting national origin discrimination by detering employers from hiring people born in certain countries.
I think this argument will fly. I am not sure family based restrictions could be lifted but national origin quota restriction on employment and national origin non-discrimination in employment are definitely contradicting each other.
FYI:
TITLE VII of the 1964 CIVIL RIGHTS ACT (1964)
The protected classes: race, color, sex, religion & national origin. Employers with 15 or more employees. The most well known employment discrimination statute. Prohibits employment discrimination against the protected classes - race, color, sex, religion & national origin – in every aspect of employment, i.e. hiring, firing, promotion, training, working conditions, compensation, etc.
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
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ita
03-29 02:12 PM
or is it ignorance? (even if you are responding to someone' post)
Hindus in India have come a long way when it comes to religious tolerance,don't you know that?
Remember we had a Muslim as president(Abdul Kalam) a Sikh for PM(Manmohan Singh) a Italian Roman Catholic as the president of the ruling party(Sonia Gandhi).
But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
If you say so then I think Sonial Gandhi/Rahul Gandhi/(even Priyanka Gandhi would be the front runners in list. Don't forget Sikh riots/Bofors/Oil Scam/the now Missile scam /KGB connection (ref 'State Within State')/ Rahul Gandhi's arrest by FBI and many more...
Here, have fun... enjoy this.( I know if it was written by a Hindu you would come back saying it's biased.But now you can really enjoy it )
To all it's a must read
http://74.125.93.104/search?q=cache:prdjEwwFXSUJ:www.francoisgautier.co m/Written%2520Material/Christian%2520India.doc+ambika+soni+religion&cd=5&hl=en&ct=clnk&gl=us
On a side note:
Kashmir Hindus were ousted by Muslims. Even during the recent Mumbai attacks perpetrators gave a interview to the news channel saying that it is an attack on the Hindu India.
Still Hindus maintained communal harmony even though Antulay, a muslim ,tried to take advantage of the situation.Still people like you carp about Muslim discrimination.
What is this desperation to keep the almost non-existent (Hindus-hate Muslims, Hindus hate Christians)hatred/discrimination alive even though reality time and again proves the harmony of Hindus.
Even after all this I believe the truth that be it Hindus/Muslims/Christians... we are human beings and equal by the very virtue .
US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that
But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
Hindus in India have come a long way when it comes to religious tolerance,don't you know that?
Remember we had a Muslim as president(Abdul Kalam) a Sikh for PM(Manmohan Singh) a Italian Roman Catholic as the president of the ruling party(Sonia Gandhi).
But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
If you say so then I think Sonial Gandhi/Rahul Gandhi/(even Priyanka Gandhi would be the front runners in list. Don't forget Sikh riots/Bofors/Oil Scam/the now Missile scam /KGB connection (ref 'State Within State')/ Rahul Gandhi's arrest by FBI and many more...
Here, have fun... enjoy this.( I know if it was written by a Hindu you would come back saying it's biased.But now you can really enjoy it )
To all it's a must read
http://74.125.93.104/search?q=cache:prdjEwwFXSUJ:www.francoisgautier.co m/Written%2520Material/Christian%2520India.doc+ambika+soni+religion&cd=5&hl=en&ct=clnk&gl=us
On a side note:
Kashmir Hindus were ousted by Muslims. Even during the recent Mumbai attacks perpetrators gave a interview to the news channel saying that it is an attack on the Hindu India.
Still Hindus maintained communal harmony even though Antulay, a muslim ,tried to take advantage of the situation.Still people like you carp about Muslim discrimination.
What is this desperation to keep the almost non-existent (Hindus-hate Muslims, Hindus hate Christians)hatred/discrimination alive even though reality time and again proves the harmony of Hindus.
Even after all this I believe the truth that be it Hindus/Muslims/Christians... we are human beings and equal by the very virtue .
US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that
But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
morchu
06-05 12:52 PM
It is very clear that there is absolutely no meaning for "quota" on 485 applicants.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
srikondoji
06-26 01:16 PM
Bold, blue and big font. I couldnot read your message at all.
Could you retype it with normal font size,color and without any fancy stuff. Please?
EVERYONE ON THIS FORUM :
PLEASE DO NOT SPREAD RUMORS ! WE ARE ALREADY STRESSED AS IT IS. WE DONT NEED ONE MORE RUMOR LIKE THIS RIGHT NOW.
IF YOU ARE TRYING TO COME UP WITH SOME SORT OF LOGIC TO SUPPORT IT, PLEASE KEEP IT TO YOURSELF, FOR GOD'S SAKE !
IF YOU ARE FEELING INSURED, HELPLESS AND WITH NO CONFIDENCE - JUST REMEMBER, ALMOST EVERYONE IS FEELING THE SAME. JUST DONT HIT THE PANIC BUTTON BASED ON NOTHING, PLEASE !
JUST FOLLOW UP WITH YOUR LAWYER AND MAKE ALL THE DOCUMENTS READY TO FILE AS SOON AS YOU CAN. THAT'S THE BEST YOU CAN DO ! IF SOMETHING HAPPENS LET IT HAPPEN. NO NEED TO LIVE IT THRU TWICE, ONCE NOW AND ONCE IT ACTUALLY HAPPENS.
PEACE.:mad:
Could you retype it with normal font size,color and without any fancy stuff. Please?
EVERYONE ON THIS FORUM :
PLEASE DO NOT SPREAD RUMORS ! WE ARE ALREADY STRESSED AS IT IS. WE DONT NEED ONE MORE RUMOR LIKE THIS RIGHT NOW.
IF YOU ARE TRYING TO COME UP WITH SOME SORT OF LOGIC TO SUPPORT IT, PLEASE KEEP IT TO YOURSELF, FOR GOD'S SAKE !
IF YOU ARE FEELING INSURED, HELPLESS AND WITH NO CONFIDENCE - JUST REMEMBER, ALMOST EVERYONE IS FEELING THE SAME. JUST DONT HIT THE PANIC BUTTON BASED ON NOTHING, PLEASE !
JUST FOLLOW UP WITH YOUR LAWYER AND MAKE ALL THE DOCUMENTS READY TO FILE AS SOON AS YOU CAN. THAT'S THE BEST YOU CAN DO ! IF SOMETHING HAPPENS LET IT HAPPEN. NO NEED TO LIVE IT THRU TWICE, ONCE NOW AND ONCE IT ACTUALLY HAPPENS.
PEACE.:mad: