Friday, August 5, 2011

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  • lazycis
    12-13 01:07 PM
    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

    The SC concluded that the statutory discrimination within the class of aliens is permissible.





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  • sundevil
    05-29 12:08 PM
    I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

    BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.


    Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.

    Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.





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  • BharatPremi
    12-13 10:29 PM
    It is surprising to me that some, so called high skilled, folks can be so blinded by their desire to get the green card that they are unable to see right from wrong.

    Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning � an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.

    You seem to be crying out loud - �I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let�s not get distracted. I am different - will you please look at my birth certificate, please?�

    Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you � and yes, that birth certificate will come handy. It is important to be united, and stay united.

    To say that the United States has the right to make any law with respect to immigration doesn�t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education � was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.

    Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.

    I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.

    Lets stay united and open minded, and fight for a fair system.

    Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)





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  • mallu
    02-15 07:00 PM
    ....
    H4 people going to college is just a miniscule compared to the number of desi students who come here with a good GRE and GMAT scores.
    People would like to see India as land of snake charmers, cows blocking roads etc.
    They can't digest IITians coming to MIT, Stanford etc. :-)



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  • villamonte6100
    12-14 01:03 PM
    --Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.

    Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.

    Ofcourse, humor is always welcome.

    Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.

    Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.

    Please don't be upset.





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  • snathan
    08-16 11:28 AM
    I never worship any actor. But now I dont even have any respect for this stupid SRK. If he doesnt like to step on american soil again, I am very glad. This moron thinks american economy will plunge into recession again if he is not coming to america. Atleast salman kahn makes some sensible comment.



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  • Vishal2007
    05-03 06:13 PM
    Tamils are totally discriminated in our so called Home land, I support Prabhakaran to bring Elam that brings relief to Tamils in India, We denounced India long back,, 35 yrs back terrorist Bal Thackeray killed Tamils (for his cheap politics) in Mumbai, then Karnataka (they are incomparable with trash) . Just for every one to know, if you are Singhalese 40% is good for your start College, if not, you need 80% to continue for college.





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  • bitu72
    10-03 05:21 PM
    Write them a letter saying that you were educated in English and you are proficient inEnglish. They dont care for IELTS if you apply for US.


    Good Luck.It is straightforward and easy
    1. You said Original Transcripts( i think you meant notarized copies of my transcripts)

    2. How did you guys get experience letter from current employer, probably by saying we are getting visa for our parent to come here... any other ideas???

    3. There are certain requirement for pictures to be taken, is it possible to get from walgreens or walmart.



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  • a1b2c3
    01-14 12:48 PM
    Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....

    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).





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  • abhijitp
    02-13 01:25 AM
    I am not saying "C" nor am I saying "July 2007 VB". I am talking about "June 2007 VB". It is just a matter of time when we can see the VB back to June 2007 figure again.

    I can assure you that I have done my part without telling anyone. I am a silent doer.

    But even that is not a possibility this year, IMHO.
    Thanks for your efforts!



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  • Googler
    02-14 03:30 PM
    Just wanted to chime in to say that filing a lawsuit will only aid any campaign for admin fixes. The NC changes were done administratively but anyone who tells me that the scathing rulings from the federal courts had nothing to do with current changes is living in denial -- the recent rulings essentially shredded the legal basis for the form of these NC checks and attendant delays.

    There is absolutely no reason not to pursue both options. It would be totally delicious to have USCIS testify in court and explain exactly how they f&$@-ed up badly enough to pervert congressional intent and waste approx 120K EB greencards in 2003-2004.

    Write your letters (what does it take 10 min of your day), you have nothing to lose and something to gain by that. I did. But don't forget suing is the American way of justice.





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  • rajesh_kamisetty
    07-10 11:16 AM
    See below.



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  • eb2_mumbai
    09-25 01:27 PM
    I did a quick DB search and here are my findings for 2005 & 2006 PERM data

    2005 case status -certified = 6133
    Prevailing wage level - level II = 2212


    2006 case status certified 79782

    Prevailing wage level - level II = 32283





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  • acecupid
    08-15 10:22 AM
    Collin Powell incident is America's problem. Even after the civil rights movement and equality to Blacks, they are still having discrimination. Just ask Black people in America and how they feel in their daily life.

    So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?

    The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.

    Why is your profile info empty ? Have you forgotten your motherland or where you came from ?



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  • panky72
    09-24 12:54 PM
    Please paste this into your To , CC or BCC. rest of message is on top of thread.

    Pilar.Falo@mail.house.gov,Markus.Ros...mail.house. gov,
    Philip.Swartzfager@mail.house.gov,Da...mail.house. gov,
    Scott_Hoeflich@Specter.senate.gov,Ji...odd.senate. gov,
    Lori_McGrogan@Dodd.senate.gov,Laura_...lby.senate. gov,
    Chad_Davis@Shelby.senate.gov,Beth_Ja...nyn.senate. gov,
    Tyler_Smith@cornyn.senate.gov,Cynthi...mail.house. gov,
    Ed_Pagano@Leahy.senate.gov,John_Dowd@Leahy.senate. gov,
    Eric_Mogilnicki@Kennedy.senate.gov,J...edy.senate. gov,
    Stacey.Leavandosky@mail.house.gov,Er... il.house.gov
    __________________

    Done !!


    Good job! I wish somebody had done it yesterday to help lazy people like me:D I had to make individual emails to everybody.





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  • panini
    05-17 05:34 PM
    You are partially correct BharatPremi. The Sinhalese migrated to the island long before the time of emeror Ashoka and not from Orissa. According to the written history of Sri Lanka they arrived about 2500 years ago from the region of Bengal (which is refered to as the land of the Vanga people in SL history). The exact kingdom they came from as supposed to be located in present Bangladesh. By the time of Ashoka the Sinhalese had already established their first kingdom with the capital in the ancient city of Anuradhapura. In fact Budhism was first introduced to Sri Lanka by Arahat Mahinda who was the son of emperor Ashoka. By the time he arrived as the head of one of the buddhist missions the emperor Ashoka had sent to the regions around India, he was welcomed by the Sinhalese king Tissa and the whole country embrased Buddhism.

    The SL tamils arrived long after that during the Chola empire as invaders. They occupied the country for a while untl the Sinhalese princes were able to drive most of them back to India. The present SL tamils are the people who stayed behind in the northern regions of the island. Since they were in the island for a relatively shorter time they did not evolve a new language like the Sinhalese did. Sinhalese however evolved a new language and ther own unique culture which is still pretty similar to Indian culture.

    So the Tamils as well as the Sinhalese has lived in the island for a very long time and has every right to live in the island peacefully. This does not however give the SL Tamil the right to claim one part of the island for their exclusive use.

    We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.



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  • msp1976
    02-13 03:42 PM
    If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.

    Out of those 400K ....200K happen to be India/China...

    Today's projection for me EB3/India is 7-10 years to get GC....
    with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....

    Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)

    Reference
    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
    Look at a(3)

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.





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  • yabadaba
    07-04 09:51 AM
    Kitty Eisele

    keisele@npr.org

    two approaches to media coverage

    macaca is trying to make the human element point.

    others are trying make use of the scandal type issue (the way i have written it)

    the main thing is to encourage the reporters to touch on this story. it does not matter what sort of publicity we get.... we need to keep pursuing this with all the energy we can muster.





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  • punjabi
    07-22 10:40 AM
    People in Quixstar and Amway can best be described as organisms who would like to prey on your humble attitude so they can eat away your wallet including your peace of mind. Like FBI, they are supposed to extract all the information about your job, relatives, wife, cousins, friends, and so on. They won't feel bad to ask as personal questions as what time you go to work, what you do on weekends, which movies you watch, what color of underwear you wear, etc. etc.

    Shameless creatures!

    Their bodies still run a blood of human beings (so scientifically they are still classified as among the species of humanoids) but they are left to pest around the people at places like malls and shopping centers to suck the blood out of them, just like the brown-colored-termites in the backyard of my previous house.

    It is run by people with covert personalities. Look at the definition of the word 'covert' and you will understand.

    One day, I was talking to my uncle in punjabi language over the phone at Target store. After the conversation ended, I found a guy standing next to me in the same aisle. He told me "You speak punjabi too? It is hard to find people who speak punjabi here. By the way, I am also from Punjab" and he extends his hands forward. He asked me my orkut id, facebook id, phone number, which company I work for, when I do get off from work, when can I meet him for a cup of coffee. Thankfully, I knew these kind of people before.

    One of my friends told me that Quixstar was first known as Amway in US. And they had to change the name to avoid taxes or some kind of heavy penalty.

    Next time you step out of your house, remember what your mommy told you 20 years ago:

    DON'T TALK TO STRANGERS. IF THEY OFFER YOU A CANDY, JUST SMILE. POLITELY SAY NO AND WALK AWAY.





    Lasantha
    12-14 04:46 PM
    I agree. But the reason for that is not the per country ceiling. It's the fact that the total EB quotas (140,000) is not realistic to the present situation. That needs to be increased and there's your solution.
    (Believe me, I do understnad your fustration. I really do)

    "equal chance to have go at his GC"

    I don't have an issue with equal chance...thats exactly what i am asking for.





    Kodi
    05-12 03:08 PM
    Tamils live the same life as Sinhala and Muslims, if you're visited sri lanka you would see that. Schools are open to everyone within their respective distances, tamils conduct business same as muslims and sinhala. What you're discussing is something that happened when the country was given independance and the sinhala policy came into act. This is not the case anymore in sri lanka, if it was all the tamils in the country would have moved to the north where their so called saviors were fighting.



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