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  • soljabhai
    12-13 10:43 AM
    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 And if the laws are not constitutional then they can be repealed.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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  • Ramba
    05-11 11:53 PM
    As a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
    However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India.

    ---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.

    ...
    But when it comes to you you want many factors considered. Why the double standard?

    Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.

    Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.

    -----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.

    Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.

    ----May we know why one should not compare India's role in Bangladesh with SL?.

    The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.

    Flag burnig is a criminal offense in India, just FYI.

    ---





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  • krishnam70
    07-10 06:58 PM
    yes there are numerous articles about that too. Atleast for IT folks things are ok





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  • BharatPremi
    12-14 02:38 PM
    Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

    So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?



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  • Macaca
    07-03 09:39 PM
    sorry :D

    this one time pls allow us to post contribution thread here..
    Post contribution thread without hesitation and without apologies!





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  • Caliber
    06-12 04:18 PM
    Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.

    has anyone else heard the same?

    I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?



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  • sk2006
    08-17 02:40 AM
    It all makes sense now:

    Questioning a Bollywood V.I.P. Named Khan - The Lede Blog - NYTimes.com (http://thelede.blogs.nytimes.com/2009/08/15/questioning-a-bollywood-vip-named-khan/)


    " Mr. Khan is also working on a new film, �My Name Is Khan,� about racial profiling of Indian Muslims living in the United States after the Sept. 11 attacks."


    What a way to get the publicity for the film.

    Wow.
    We are all tricked into this debate.
    This is my last post on this thread. And I am not going to watch this film.





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  • ArkBird
    03-30 12:31 AM
    I can live with MMS or Advani but if Lalu, Mayawati, Mulayam or Jaylalitha becomes PM, I will be filling my papers for political asylum next day in any "progressive" country like Somalia, Rwanda, Ethiopia, Congo..........



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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





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  • aamchimumbai
    04-28 10:42 PM
    All!

    Will the no labor substitution clause will affect in any way for the following situation -

    1. Company A - labor cleared, approved I-140 and now moving onto Company B. Can the old labor PD be ported to the new labor certification and new I-140 approval with Company B.

    I am assuming that the labor cannot be used for anyone within Company A. Right ?

    What are your thoughts.

    Thanks.



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  • pathmaker
    02-12 12:05 PM
    correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!

    OMG!!!

    Just 1.25 more year and I would have been current! Damn!!!!



    are you dreaming ... India EB3 is 01AUG01





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  • lordoftherings
    07-12 11:39 AM
    It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.

    Just my thoughts.....

    lotr



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  • ganguteli
    04-01 11:02 PM
    Are you 'high skilled'?
    Your logic suggests otherwise!

    There is no word as high-skilled in the law. We all are in the skilled category. High is probably added by the media. Maybe because most people are computer programmers and it seems tough to an average Joe.





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  • GCA
    10-29 01:03 PM
    Giving GC's for buying home seems toomuch biased and benefits only a subset of EB, and totally shifts the basis of the EB category.

    On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.

    Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.

    Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.



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  • vivid_bharti
    05-01 11:02 PM
    You post tells me you still didn't understand the difference between LTTE and Srilankan Tamil civilians, probably you are still grief striken because of the loss of your "Beloved PM"..
    [QUOTE=Originally Posted by Keeme
    Pandey - I no longer wonder why Mulayam/Mayavati/ Lalu and Paswan rule in UP & Bihar.QUOTE]

    Keemy this itself shows how intolerant you are . On one side you are trying to profess the cause of people from your community from a different country and on the other hand trying to denigrate people from another region from your own country .

    Just because my handle is Pandey you assumed that I am from UP , Bihar and look and behave like the great Mulayam and Lalu and Paswan.

    For your information I have never been to UP or Bihar in my life except once as a tourist nor my parents .

    Your love for Srilankan Tamils seems to be a lot more than your love for your own countrymen.

    Everyone else can decide what you are.

    As for me I am an Indian - nothing else nothing more.

    To Ms. Rambha - When India interfered in East Pakistan to create Bangladesh don't for a moment believe it was to save the Bangladeshis from suffering . Please read the full war history. In any case we are paying the price for that with more terrorists coming from Bangladesh.

    We have paid the price for Srilanka also with IPKF soldiers getting killed in 1987 and then LTTE killing our beloved PM.

    Peace.. I am out ..no more postings on this thread where people from my own country write words of hate for me out of their love for foreigners .





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  • oguinan
    02-15 06:52 PM
    No claim, just fact. Sure, you can dress up a pig, but some people will still see it for a pig.

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act

    Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.

    A couple of points. Firstly it's usually a good idea when quoting wikipedia to include the primary reference that the quote or opinion is based on. A contentious issue like immigration reform produces lots of opinion but not all of it is based on fact. Secondly, there are shocking racial elements in the history of immigration laws in the US. Perhaps it's not that shocking when one considers the racial history of the country. Many people will be familiar with the supreme court case 1923 of Bhagat Singh Thind, a Sikh man who fought for the US in World War I. http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind
    The immigration laws at the time said that only Caucasians could become US citizens. The framers of the law assumed that Caucasian meant "white" while Singh Thind relied on science to prove that people of South Asian origin were also Caucasian. He lost the case with one judge stating "the average man knows perfectly well that there are unmistakable and profound differences".

    My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.



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  • voldemar
    03-28 03:08 PM
    Looks like we have 45 days after the rule goes in effect. Please read the following text.
    Will you please tell us which text you are refering to?
    (2) A permanent labor certification involving a specific job offer
    is valid only for the particular job opportunity, the alien named on
    the original application (unless a substitution was approved prior to
    [effective date of the final rule]), and the area of intended
    employment stated on the Application for Alien Employment Certification
    (ETA Form 750) or the Application for Permanent Employment
    Certification (ETA Form 9089).I'm referring to the above paragraph. The problem is how agency will define "approved" labor substitution.
    I think that labor substitution is approved if I-140 is approved.
    Again, I'm not a lawyer, it's just my understanding.





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  • LostInGCProcess
    09-23 04:24 PM
    Hey! I like the idea and totally agree with you.





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  • sanju
    04-16 10:22 AM
    OK, Its your opinion and that shows your civic sense. But why are you posting the same again and again?

    GCKaMaara is right, different people operate at different IQ level.

    When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?




    .





    kumjay
    06-27 01:04 PM
    I would love to ask Lou Dobbs the same question!!

    Three facts, followed by one interpretation.

    First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.

    Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.

    Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.

    My interpretation:
    The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)





    thomachan72
    03-27 12:52 PM
    I am just wondering.....
    when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
    I am just wondering.....
    will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
    I am wondering.....
    when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....



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