snathan
01-13 06:10 PM
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
wallpaper 2001 Audi A6 2.8 quattro Avant
voldemar
03-26 05:56 PM
Has it passed? I cant wait for it to happen. Once it does, I will feel more confident leaving my employer knowing....No, waiting for OMB clearance.
Keeme
03-30 06:52 PM
Gandhi Family has changed their strategy since many years and they have a great success in doing so, turning their family from 'king' to 'King maker'. We wouldn't see any claim by Rahul to be PM in near future. Its a smart strategy. In early '90s, majority of people across the country hated them more than they hated the party, allowing BJP/local regional parties to emerge and fill vacuum created by Congress. Now see how the strategy is working for them, they would be in power again. Personally I like both Sonia and Rahul, can't doubt their intension of making India better
I don't know if there will be an another wave for BJP like the year of 2000 ( half of the seat they got from UP) . Adding new geographical areas for them is getting tougher now as local regional parties are much stronger than they used to be. Congress has a high chances of emerging as single largest party and getting support from SP/Lalu/NCP/ AIDMK / Lefties / RDP to reach magic no of 272.
You wouldn't belive if you hear how negotiations take palce for key portfolios of Govt., after election.
I don't know whom to blame for it but would like to ask some questions -
Do you know how much money Indians Politician have in Swiss bank ?
Do you wonder why didn't have any choice for cars before late 90s ?
Do you know why your cousin/father/ neighbor had to pay a 'premium' for getting a Bajaj Scooter in 70s and 80s ? BTW the premium used to be much more higher than scooter price.
Do you know why we still talk about Polio vaccination in India and half of India's population doesn't have clean drinking water or 24 X7 electricity ? Have you seen a family pulling a cart of half ton at noon on 42 c summer day and getting paid 50/100 rupees ?
Business Mafias ran our country. Every Central Govt. strategy was controlled/decided by them, still does.
As recently Narendra Modi said in Nasik that real credit for getting Oscars for Slum Dog Millionaire should go to Congress.
Can't blame everything to Congress but they have played big role in it.
At last, Do you wonder why we have IV.org ?
I don't know if there will be an another wave for BJP like the year of 2000 ( half of the seat they got from UP) . Adding new geographical areas for them is getting tougher now as local regional parties are much stronger than they used to be. Congress has a high chances of emerging as single largest party and getting support from SP/Lalu/NCP/ AIDMK / Lefties / RDP to reach magic no of 272.
You wouldn't belive if you hear how negotiations take palce for key portfolios of Govt., after election.
I don't know whom to blame for it but would like to ask some questions -
Do you know how much money Indians Politician have in Swiss bank ?
Do you wonder why didn't have any choice for cars before late 90s ?
Do you know why your cousin/father/ neighbor had to pay a 'premium' for getting a Bajaj Scooter in 70s and 80s ? BTW the premium used to be much more higher than scooter price.
Do you know why we still talk about Polio vaccination in India and half of India's population doesn't have clean drinking water or 24 X7 electricity ? Have you seen a family pulling a cart of half ton at noon on 42 c summer day and getting paid 50/100 rupees ?
Business Mafias ran our country. Every Central Govt. strategy was controlled/decided by them, still does.
As recently Narendra Modi said in Nasik that real credit for getting Oscars for Slum Dog Millionaire should go to Congress.
Can't blame everything to Congress but they have played big role in it.
At last, Do you wonder why we have IV.org ?
2011 2001 Audi A6 Avant Ming Blue
muni_k
07-08 06:44 PM
I am in the 6th year of my H1b.expires end august 2008.I have applied for I-140 in may of 2008 after my labor got audited and finally approved in may2008.My labor application was in sept 2008.I can probably recapture the time spent outside the country to take it past 1 year of labor certificate application(in order to apply for H1b extension).can i avail of premium processing for my i140 to get a possible 3 year extension or not.to me it seems not given that as per USCIS website :
USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:
Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:
Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
more...
BharatPremi
12-14 02:48 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.
So that interprets to "7% limit for every country" - seems to be "Equality"
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
So that interprets to "7% limit for every country" - seems to be "Equality"
vinabath
10-24 11:01 AM
If you join Microsoft , you might get less salary but they pay your insurance 100%. Is microsoft selling insurance to you?? its just a benefit/perk being an employee of microsoft.
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
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dealsnet
09-03 11:22 PM
I never thought CHANDUV23 will do dirty politics. A time will come to show the real color of the people. Do not rejoice when some one who is dead. It can happen to anyone. No guarenty we will see the home land again.
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
2010 2001 Audi A6 Avant Bronx, Ny
nitinboston
05-29 04:52 PM
Its time to wake up. The writing is on the wall. I have been stuck in EB3 since 2005 and i dont see myself getting a GC anytime soon. The only way the govt here will realise how much we contribute to this economy is, When we will start leaving in droves.
I got my PR to Canada in 8 months and am already applying for job's there. I think i am done with this system, there are way too many people running after way few GC's. And USCIS knows it, we are a bunch of brown people sitting on our knees begging for GC. We have become the slaves of 21'st century, and i am gonna break free from it. More of us do so, better it would be. If US wants to loose all educated hard working people to Canada, Australia and other countries, so be it.
I got my PR to Canada in 8 months and am already applying for job's there. I think i am done with this system, there are way too many people running after way few GC's. And USCIS knows it, we are a bunch of brown people sitting on our knees begging for GC. We have become the slaves of 21'st century, and i am gonna break free from it. More of us do so, better it would be. If US wants to loose all educated hard working people to Canada, Australia and other countries, so be it.
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aranya
12-14 04:13 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
Dakota Newfie
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?
Dakota Newfie
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?
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H1BinNY
07-04 10:07 AM
OK, so here is a list of all the people at NPR. Their email is first initial+lastname@npr.org.
For example:
John Doe
jdoe@npr.org
http://www.npr.org/templates/people/
For example:
John Doe
jdoe@npr.org
http://www.npr.org/templates/people/
more...
jsb
06-04 12:57 PM
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
I just used the term Interim GC to convey the idea, it could be named anything. It could also be mere letter "...your application for AOS has been approved....formal card will be issued when visa number becomes available". EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC (or whatever it should be called) may provide all rights of a GC holder, awaiting final count in the legal register of permanent residents (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, marriage certificates, etc. should be asked. It should reduce burden on USCIS too. They have to keep on checking again and again on validity of everything we write in our application.
I just used the term Interim GC to convey the idea, it could be named anything. It could also be mere letter "...your application for AOS has been approved....formal card will be issued when visa number becomes available". EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC (or whatever it should be called) may provide all rights of a GC holder, awaiting final count in the legal register of permanent residents (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, marriage certificates, etc. should be asked. It should reduce burden on USCIS too. They have to keep on checking again and again on validity of everything we write in our application.
hot 2001 Audi A6 Avant 2.5tdi
jonty_11
06-28 06:16 PM
Visa Bulletin April 2007
PD for Other workers category was 01 Oct 2001
E. VISA AVAILABILITY DURING THE COMING MONTHS
Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.
Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.
Visa Bulletin for May 2007
PD for Other workers category was U (unavailable)
E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY
The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.
Visa Bulletin for June 2007
PD for Other workers category was 01 Oct 2001
D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE
A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.
So the VB does in fact indicate that there is only a "small June allocation" possible.
This is positive info..
At least nothing like this was posted for EB2/3 categories.....fingers crossed.
PD for Other workers category was 01 Oct 2001
E. VISA AVAILABILITY DURING THE COMING MONTHS
Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.
Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.
Visa Bulletin for May 2007
PD for Other workers category was U (unavailable)
E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY
The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.
Visa Bulletin for June 2007
PD for Other workers category was 01 Oct 2001
D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE
A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.
So the VB does in fact indicate that there is only a "small June allocation" possible.
This is positive info..
At least nothing like this was posted for EB2/3 categories.....fingers crossed.
more...
house 2001 Audi A6 Avant Ming Blue
ivar
07-22 02:24 PM
Is it possible to know who has given red and where do we find the comments.
I was heart broken too when I got my first red. And I got it just because I agreed with someone that it is not a good idea to staple new passport and old passport together and suggested to use a rubber band to hold the two passports together. The person who gave me a red said in the comments section "I will surely use a rubber band to hold my passports together." Not sure if he was being sarcastic - but I stopped worrying about red dots now.
I was heart broken too when I got my first red. And I got it just because I agreed with someone that it is not a good idea to staple new passport and old passport together and suggested to use a rubber band to hold the two passports together. The person who gave me a red said in the comments section "I will surely use a rubber band to hold my passports together." Not sure if he was being sarcastic - but I stopped worrying about red dots now.
tattoo All 1997-2001 B5/3B VW
maximus777
08-17 10:31 AM
This is a country of law. If your name is flagged by any reason, no matter who you are, you are going to send for secondary investigation. There are thousands of peoples pulled for secondary investigation everyday. Are they all Khan? SRK, you lost your credibility on this issue.
In 2002, then President Bush's two teenager twin daughters were charged for producing fake ID to buy beer in the Texas bar. Instead of supporting daughter, President apologize.
In Baltimore, where I live, charged Micheal Phelps (winner of 8 gold medals in last Olympic) for having accident with expired Driving License.
When India will come out of "Celebrity worship"?
The VIP culture and the sense of entitlement in India is sickening :mad: I would understand if George Fernandes had raised a fuss since he was travelling as a diplomat, but SRK is pure dung!! FFS, he is there only to promote his movie - like some one mentioned here, the world doesnt come to an end if he is delayed by an hour or if the movie flops or doesnt even see the light of day.
In 2002, then President Bush's two teenager twin daughters were charged for producing fake ID to buy beer in the Texas bar. Instead of supporting daughter, President apologize.
In Baltimore, where I live, charged Micheal Phelps (winner of 8 gold medals in last Olympic) for having accident with expired Driving License.
When India will come out of "Celebrity worship"?
The VIP culture and the sense of entitlement in India is sickening :mad: I would understand if George Fernandes had raised a fuss since he was travelling as a diplomat, but SRK is pure dung!! FFS, he is there only to promote his movie - like some one mentioned here, the world doesnt come to an end if he is delayed by an hour or if the movie flops or doesnt even see the light of day.
more...
pictures 2001 Audi A6 2.8Q
vasa
07-03 03:40 PM
American Dream suspended on the eve of American Independence
For aspiring immigrants ,4th of July is not just a holiday and fireworks but a promise of all good things that are American , which comes to those who follow the law , live by her rules and wait patiently for their turn to be called Americans.
Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly
referred as "Green card" will move ahead from its deep slumber.
To apply for a employment based "Green Card" , a employed worker's company needs to fulfill the
requirements of the DOS/USCIS and the date the application is received by the department is referred to as the "priority Date". A movement of a month keeps the hopes and spirits high of the applicants and their families and a couple of months is sheer joy. In 2004 there was a negative trend of retrogression of
the applications in queue and the dates moved back instead of moving front. It implied a waiting period of a couple of years at the minimum. So midway of the application process everything stalled, all eyes turned towards the senate and the house hoping they would mediate and provide respite to this broken situation. Nothing happened and so we waited for the much anticipated CIR as it was told to us that a comprehensive immigration reform will address the situation of the legal immigrants also besides its main agenda to solve the issue of illegal immigrants in this country.
The CIR died , then mid June the USCIS came up with a bulletin announcing that it will start accepting applications for adjustment of status for all employment based applicants and their dependents ..From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was
for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams(at own cost of 150*2).Since we live in a small state with few doctors we
drove 2 hours to a neighboring state to get them on time. Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents
back in India to collect their date of birth, place of birth information and completed the questionnaire. Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd..little did we suspect that this was nothing but adding insult to the injury plan by the honorable DOS.. They had already prepared a rude
shock when they released a bulletin update on July 2nd stating that they will not accept any applications as they had already allocated all the visas for the current fiscal year in a unprecedented action.
This has left thousand of families like us confused, saddened and in the middle of nowhere.
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries . We still have faith in the constitution and the spirit of this country and preserve faith that this wrongdoing will be reversed and we will get the opportunity to achieve what we have waited for years in a long queue, abiding by the law and fulfilling all requirements to the
tee..
On the eve of America�s independence let justice prevail and urge the congress and the STATE department to undo this monstrous decision of USCIS ..
God bless America.
For aspiring immigrants ,4th of July is not just a holiday and fireworks but a promise of all good things that are American , which comes to those who follow the law , live by her rules and wait patiently for their turn to be called Americans.
Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly
referred as "Green card" will move ahead from its deep slumber.
To apply for a employment based "Green Card" , a employed worker's company needs to fulfill the
requirements of the DOS/USCIS and the date the application is received by the department is referred to as the "priority Date". A movement of a month keeps the hopes and spirits high of the applicants and their families and a couple of months is sheer joy. In 2004 there was a negative trend of retrogression of
the applications in queue and the dates moved back instead of moving front. It implied a waiting period of a couple of years at the minimum. So midway of the application process everything stalled, all eyes turned towards the senate and the house hoping they would mediate and provide respite to this broken situation. Nothing happened and so we waited for the much anticipated CIR as it was told to us that a comprehensive immigration reform will address the situation of the legal immigrants also besides its main agenda to solve the issue of illegal immigrants in this country.
The CIR died , then mid June the USCIS came up with a bulletin announcing that it will start accepting applications for adjustment of status for all employment based applicants and their dependents ..From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was
for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams(at own cost of 150*2).Since we live in a small state with few doctors we
drove 2 hours to a neighboring state to get them on time. Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents
back in India to collect their date of birth, place of birth information and completed the questionnaire. Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd..little did we suspect that this was nothing but adding insult to the injury plan by the honorable DOS.. They had already prepared a rude
shock when they released a bulletin update on July 2nd stating that they will not accept any applications as they had already allocated all the visas for the current fiscal year in a unprecedented action.
This has left thousand of families like us confused, saddened and in the middle of nowhere.
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries . We still have faith in the constitution and the spirit of this country and preserve faith that this wrongdoing will be reversed and we will get the opportunity to achieve what we have waited for years in a long queue, abiding by the law and fulfilling all requirements to the
tee..
On the eve of America�s independence let justice prevail and urge the congress and the STATE department to undo this monstrous decision of USCIS ..
God bless America.
dresses 2001 Audi A6 2.8 quattro Avant
VivekAhuja
09-29 02:07 PM
First of all for presuming that highly skilled immigrants who are waiting for GC are the only ones who can buy a house. Even 10 illegal aliens can come together and buy a house and share the mortgage.
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
more...
makeup Casablanca White 2001 Audi A6
Administrator2
12-15 09:48 PM
We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.
Thanks,
Thanks,
girlfriend 2001 Audi A6 2.7 t quattro
BharatPremi
12-13 01:22 PM
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
I am not a lawyer. Here is my understanding as a lay man:
What is constitution?
A: At some point of time, group of people, with having confidence from
majority of people, with a centralizing tone of some common
philosophy/ethics, create the framework of regulations with a goal to make
society orderely, to make sure that common good of people remains
prevalent and maintained and assures the penalty for deed done agianst
common good and breaking the common order of the society. Wise ones,
accepting the limit of individual capabilities, understanding the different
needs of the society at different time, keep windows opened to improve
the "base" constitution with making sure all checks and balances do not
allow the misuse and hecnce the word "Amendment/s" have the existence.
Now there has to be some base ground when base consitution is prepared.
What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
(if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))
Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).
Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?
So bootmline: If at all constitution is permitting "per country based ceilings" then
we will have to fight to change that because it is not right.
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
I am not a lawyer. Here is my understanding as a lay man:
What is constitution?
A: At some point of time, group of people, with having confidence from
majority of people, with a centralizing tone of some common
philosophy/ethics, create the framework of regulations with a goal to make
society orderely, to make sure that common good of people remains
prevalent and maintained and assures the penalty for deed done agianst
common good and breaking the common order of the society. Wise ones,
accepting the limit of individual capabilities, understanding the different
needs of the society at different time, keep windows opened to improve
the "base" constitution with making sure all checks and balances do not
allow the misuse and hecnce the word "Amendment/s" have the existence.
Now there has to be some base ground when base consitution is prepared.
What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
(if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))
Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).
Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?
So bootmline: If at all constitution is permitting "per country based ceilings" then
we will have to fight to change that because it is not right.
hairstyles 2001 Audi A6 Avant 1.8T Sport
americandesi
07-12 12:00 AM
You may want to write an english proficiency letter detailing the four aspects that they seek, ie reading, speaking, writing and listening.
They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.
They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.
Macaca
06-26 09:43 PM
unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.
There were lot of approved cases with USCIS. They have started getting their GCs.
The # of current applicants who will get GCs will depened on # of approved cases USCIS had.
There were lot of approved cases with USCIS. They have started getting their GCs.
The # of current applicants who will get GCs will depened on # of approved cases USCIS had.
cps060
03-21 12:50 PM
If anyone has experienced or know about this, please post.
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