NKR
02-15 06:24 PM
Dingudi,
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
Then pray why people from other countries are not landing IT jobs?. Can I say that NIIT teaching is better than the teachings in the universities of the countries you have mentioned?.
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
Then pray why people from other countries are not landing IT jobs?. Can I say that NIIT teaching is better than the teachings in the universities of the countries you have mentioned?.
wallpaper from Townes Van Zandt#39;s
_TrueFacts
09-03 11:53 PM
With your utmost stupidity!!!!!
Anyway thanks for the Humor from your stupidity...
If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.
Anyway thanks for the Humor from your stupidity...
If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.
Googler
02-15 10:28 PM
My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.
If you really want to have this change, it is the US congress that you can deal with.
As I've said, I work for a law firm.
Why don't ask your immigration lawyer first regarding the "class action" you are talking about.
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
If you really want to have this change, it is the US congress that you can deal with.
As I've said, I work for a law firm.
Why don't ask your immigration lawyer first regarding the "class action" you are talking about.
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
2011 from Townes Van Zandt#39;s
mirage
03-30 01:47 PM
This is a good article, I guess all "Manmohan Singh's degrees" loving Indians should read this..
http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1
http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1
more...
breddy2000
09-03 11:40 PM
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
Wow supporting to your own alias comments... And on top of it creating multiple IDs to increase your reputation.
Is this not how you break the system????....This is called Corruption my friend....
I can't help myself Laugh the hell out your stupid behavior ....LOL
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
Wow supporting to your own alias comments... And on top of it creating multiple IDs to increase your reputation.
Is this not how you break the system????....This is called Corruption my friend....
I can't help myself Laugh the hell out your stupid behavior ....LOL
smuggymba
08-02 03:46 PM
How does one check the comments left along with red and green dots?
I guess PM, correct me guys if I'm wrong
I guess PM, correct me guys if I'm wrong
more...
whoever
02-22 01:52 PM
whatamidoinghere, I am looking forward to hearing the statistics from you. When are you going to work on it? I
2010 Reveals Twee Album Cover
grupak
12-14 01:13 PM
--Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.
I know, I accidently quoted you instead of villamonte6100. Sorry about that.
I know, I accidently quoted you instead of villamonte6100. Sorry about that.
more...
maddipati1
02-13 12:11 PM
its been a while i read the forums..
well... well !! chandubhai finally cooled down and talking wisdom :-)
Thanks for all your wonderful help to the community - people like you inspire others.
Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.
Once again, I respect people's space - it will be great if all of us come together and make this a success
well... well !! chandubhai finally cooled down and talking wisdom :-)
Thanks for all your wonderful help to the community - people like you inspire others.
Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.
Once again, I respect people's space - it will be great if all of us come together and make this a success
hair Know of townes van legendary
weasley
07-30 08:29 PM
Gave you green for making me laugh. I am adding step 8.
8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
even in the worst case they are still trying to sell to you.
There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.
8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
even in the worst case they are still trying to sell to you.
There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.
more...
gc28262
01-13 08:51 PM
Unfortunately some of our members are deriving some sadistic pleasure out of this development. However what we as a community should realize is this is just the first trick under the sleeves of anti-immigrants supported by grassley and co. Once consulting companies are out of the picture, they will target permanent employers with conditions like "the company should not have fired any US citizen in the past 6 months or plan to layoff any citizen in the upcoming 6 months." They could come up with additional restrictions for direct employers as well. At that point none of us will have any consulting companies to fall back on.
Anti-immigrants are bypassing legislative process of the country by writing letters to USCIS director and forcing USCIS to issue an internal memo which is probably illegal.
Those of you deriving sadistic pleasure out of this development, this will affect our entire community irrespective of consulting or permanent/direct at some point.
H1B restrictions for TARP companies shouldn't have faded out from our memory in this short timespan.
Anti-immigrants are bypassing legislative process of the country by writing letters to USCIS director and forcing USCIS to issue an internal memo which is probably illegal.
Those of you deriving sadistic pleasure out of this development, this will affect our entire community irrespective of consulting or permanent/direct at some point.
H1B restrictions for TARP companies shouldn't have faded out from our memory in this short timespan.
hot Townes Van Zandt
johnmcdonald98
03-26 06:47 PM
And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?
thanks,
I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?
thanks,
more...
house Fargo Store
vamsi_poondla
05-13 10:21 AM
Tamil problem is true, relevant and has to be solved within the framework of SL Constitution with all moderate SL Tamil parties sitting across the table.
If Tamil issue == LTTE, no Indian would support (and a significant majority of SL Tamils themselves will not support). Every single LTTE member has to be brought to the court if possible or they should perish in the war. However noble their intention was, their means is called Terrorism, which any civil person should oppose. Now don't draw any arguments about Black July or Sinhalese Only policy of 1960s. I know that and that is what is reflected in the paragraph 1 above.
And dont get hyper if you see TN politicians making ruffle. They already proved that they have no brain. Just want your votes and they know how to provoke. Otherwise offensive started long back and with the same arms approved by Indian Cabinet in which many TN parties are members of.
If Tamil issue == LTTE, no Indian would support (and a significant majority of SL Tamils themselves will not support). Every single LTTE member has to be brought to the court if possible or they should perish in the war. However noble their intention was, their means is called Terrorism, which any civil person should oppose. Now don't draw any arguments about Black July or Sinhalese Only policy of 1960s. I know that and that is what is reflected in the paragraph 1 above.
And dont get hyper if you see TN politicians making ruffle. They already proved that they have no brain. Just want your votes and they know how to provoke. Otherwise offensive started long back and with the same arms approved by Indian Cabinet in which many TN parties are members of.
tattoo Townes Van Zandt: If I Needed
msp1976
02-13 04:04 PM
This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.
So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.
In the first three quarter the 'heavy' countries(India/China) would get numbers until the 7% caps hits and in the fourth quarter they would get the big chunck...
If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...
Pl. Correct me if I am wrong....
Now I have really started to appreciate the IV goals listed on the front page.....
IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....
So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.
In the first three quarter the 'heavy' countries(India/China) would get numbers until the 7% caps hits and in the fourth quarter they would get the big chunck...
If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...
Pl. Correct me if I am wrong....
Now I have really started to appreciate the IV goals listed on the front page.....
IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....
more...
pictures Townes Van Zandt album,
ilikekilo
07-10 08:02 PM
Changed my mind. Updated my message. I appreciate your defense.
appreciate your ego strength man...thanks for the edit...u r the man..
appreciate your ego strength man...thanks for the edit...u r the man..
dresses like Townes Van Zandt.
snathan
05-01 11:05 PM
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
If you are so ignorant no one can help you. In SL everything started because of singala opression and chavinisim. But its not the case with J&K. The Pak govt wants J&K and thats how started here. One does not need to go the battle field to understand whats going on there.
----------------------------------------------------------------------------------
Desperate to escape the warzone in Sri Lanka, a group of 21 people set out from Mulaitivu on April 21. Among them was eight-month-old Kuberan who was feeding on his mother's milk when she died. His family was on a boat with 20 others.
Each one was hoping for safety and the chance of a better life in Rameshwaram, nine hours away. But they got lost and soon they ran out of food and water. One by one 10 people died of hunger and dehydration and their bodies were thrown into the sea.
Lost at sea they finally landed on the Kakinada cost of Andhra Pradesh, but only 11 reached alive.
Kuberan in Hindu mythology means the 'Lord of Wealth'. But this eight-month-old is anything but that. He is the face of the tragic conflict in north Sri Lanka, symbolic of a future and a paradise lost.
"When we were in Sri Lanka, my father died, then my younger sister died, and then my wife. We were trying to escape to save our lives," said S Jagadeeswaran, one of the refugees.
In the last three months, at least 50 boats with Tamil civilians have left Mullaiteevu for Rameshwaram. But no one knows how many of them survived.
"My daughter was in my arms, my lap and she died right there," said Niranjana, a refugee.
Thus, the Sri Lankan civilians who tried to escape the violence, were washed up on India's shores.
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
If you are so ignorant no one can help you. In SL everything started because of singala opression and chavinisim. But its not the case with J&K. The Pak govt wants J&K and thats how started here. One does not need to go the battle field to understand whats going on there.
----------------------------------------------------------------------------------
Desperate to escape the warzone in Sri Lanka, a group of 21 people set out from Mulaitivu on April 21. Among them was eight-month-old Kuberan who was feeding on his mother's milk when she died. His family was on a boat with 20 others.
Each one was hoping for safety and the chance of a better life in Rameshwaram, nine hours away. But they got lost and soon they ran out of food and water. One by one 10 people died of hunger and dehydration and their bodies were thrown into the sea.
Lost at sea they finally landed on the Kakinada cost of Andhra Pradesh, but only 11 reached alive.
Kuberan in Hindu mythology means the 'Lord of Wealth'. But this eight-month-old is anything but that. He is the face of the tragic conflict in north Sri Lanka, symbolic of a future and a paradise lost.
"When we were in Sri Lanka, my father died, then my younger sister died, and then my wife. We were trying to escape to save our lives," said S Jagadeeswaran, one of the refugees.
In the last three months, at least 50 boats with Tamil civilians have left Mullaiteevu for Rameshwaram. But no one knows how many of them survived.
"My daughter was in my arms, my lap and she died right there," said Niranjana, a refugee.
Thus, the Sri Lankan civilians who tried to escape the violence, were washed up on India's shores.
more...
makeup Townes Van Zandt wrote Pancho
sriramkalyan
01-13 07:55 PM
My take is BODY SHOPPING is killed.
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
girlfriend Townes Van Zandt#39;s widow,
yabadaba
07-04 08:57 AM
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
hairstyles Townes van zandt
vivid_bharti
09-03 02:34 PM
I don't know him as a human being but I know him as the ruler of AP, and I can tell you one thing. There have not been and probably there will not be a politician more corrupt than YSR in the history of India. He was milking the state treasuries as if it was his family property.
Jerrome
05-11 04:45 PM
This is totally correct!!!
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf
Aah_GC
08-15 10:49 PM
Thats how every country should behave...unfortunately its not happening in our beloved mother country. The terrorist asking for mutton briyani...in other countries he would be made as briyani by this time...:D
Every country should protect it's interests and we should be proud that a terrorist has the gumption to ask for Mutton Biriyani in an Indian prison. Why should he not? He is a criminal and then he has his own desires. Cutting to the gist, he is a 20 year old misguided young man, poverty led him to take up arms and am sure he did not realize what he was up to when he did what he did. He is a freak who doesn't know the distinction between right and wrong. Why morph him into a demon? Don't you think there are other rapists and murderers making other unimaginable demands in prisons?
Every country should protect it's interests and we should be proud that a terrorist has the gumption to ask for Mutton Biriyani in an Indian prison. Why should he not? He is a criminal and then he has his own desires. Cutting to the gist, he is a 20 year old misguided young man, poverty led him to take up arms and am sure he did not realize what he was up to when he did what he did. He is a freak who doesn't know the distinction between right and wrong. Why morph him into a demon? Don't you think there are other rapists and murderers making other unimaginable demands in prisons?
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