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  • satyasaich
    12-13 02:10 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    Equal Employment Opportunity (EEO) :A term used by the federal government to refer to employment practices that ensure nondiscrimination on the basis of race, sex, religion, color, national origin, physical or mental ability, medical condition, ancestry, or age.
    The principle behind EEO is that everyone should have the same access to opportunities

    AND Ethnic References are American Indians, Asians (Pakistani/East Indian: Persons having origins in any of the original
    peoples of the Indian sub-continent), Black, Hispanic, Caucasian

    The above definition itself speaks very loudly about access to opportunities, which if restricted due to another federal law or provision, then it is clearly a conflict within Constitution.


    Consider a person with some skill set and born in Bangladesh or Pakistan working for Employer A
    &
    another person with exact skill set born in India working for same employer in the same capacity.
    Assume that both have started the GC Process on the same day, but person from India is still waiting even after 5 or 7 years.
    Where as the other person got the GC and no restrictions to accept a promotion and an increase in salary,based on the same skill set and experience.
    Isn't that scenario defers the principle behind EEO which is everyone should have the same access to opportunities
    and hence voilation of law?

    There are thousands of glaring examples like these, and i'm wondering how this can not be considered as a good ground for challenging
    (I do undersand the cost aspects of challenging and legal fees etc; and the hefty amount of funds needed)

    by the way, i tried to find a federal government rationale for per country limit in current system (only from the EB Category perspective), but couldn't get a good answer

    Satya
    India / EB3/Nov2003/
    --Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.


    there is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side.

    --Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.


    so why the double dipping? if the balancing is done, why the country quota? the result is that as i said more bangladeshis come in than indians...so what does over subscription mean in the end? again...why the need for the diversity lottery? the country quota already balances things....or not?

    "either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

    --You are opining that it is wrong. You cannot state that it is a fact


    you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post.
    there is a difference between "something benefiting me so i justify it and fight to keep it" and being right or fair. everyone fights to keep what they have. sorry, still not right. and if you still feel the caste system can be justified as right from your (or any) side of the fence then let's stop here, we have no common ground. and i speak as someone with sufficiently "high caste" to have not suffered from it (so you know my side of the fence).

    one last thing, i find it hard to believe you are terming as "right" the idea that I as an individual should be held back 10 years longer than my colleague because of where i was born. any way i look at it...sorry...just not right.





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  • lazycis
    02-14 01:01 PM
    You may consider it as shameless plug :D, but I want to put this reference as the prove that the lawsuit does work when you deal with the USCIS
    http://boards.immigrationportal.com/showpost.php?p=1862057&postcount=15637





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  • alterego
    12-14 05:11 PM
    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.

    That is utterly preposterous.

    Take a teacher for instance. All he/she may qualify for is EB3. I know some teachers who are worth their weight in gold, they pour their heart and soul into teaching and their students benefit. Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card? Understand that this is employment based green cards, for job skills and job performance that american employers decide.





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  • cps060
    04-04 11:00 AM
    Please let me know if anyone has done this before or you know what the procedure is.

    What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?

    Anyone who know abt this, please respond.



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  • dealsnet
    09-04 11:28 PM
    CHANDRAKANTH VEMULA.
    He studied in St. John's school and now a anti Christian. CASTIEST DEVIL. See the link.
    Chandrakanth Vemula - LinkedIn (http://www.linkedin.com/in/chandrakanthvemula)
    OK breddy I searched in youtube. I see chandu is from vijayawada. Now I know why he is talking crap on YS Rajashekar Reddy.

    Dude Chandu, you are in 21st century. Forget about all these castism and all. Live peacefully and get your GC. This castism and all doesn't do any good. Chandrababu and Balakrishan will nto give any GC to you. Save your ass, CASTISM will not help any one. I used to think your senior member and good person. I seriously think your an IDIOT unless you stop this castism. STOP this caste based discussions. I know you are not directly talking but I can join the links.

    (BTW, I don't believe in castism, I don't have any caste)





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  • BharatPremi
    12-13 02:16 PM
    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.

    Yes. As long as it is established as "law" we can not pursue the solution in a court.



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  • QuickGreenCard
    09-15 09:52 PM
    Surely appreciate your great service. Please help if you can. My advance parole got approved and sent by mail on Aug 13. I havent received it yet. It should not take this long..... It seems like it got missed in the mail. Can I do anything about it..............

    I called the USCIS cust. rep. They said, the only thing I could do is to re-file it again. How far is this correct.....

    Please advice....

    Thanks





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  • smuggymba
    08-02 09:52 AM
    Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!

    Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US

    Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!

    I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........

    Now post what you find in your area!

    Totally coincidental but all of IBO's in my zip code are Chinese. I know 2-3 desis myself who approached me in walmart and ikea.



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  • fairman
    08-16 12:26 PM
    .....

    Mamooty.. who is he?
    One Mallu actor ( got national award etc.)





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  • pcs
    07-03 04:12 PM
    This email has been sent to all major TV anchors...


    Hi ,

    This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....

    pl. read on...




    Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.


    Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.

    On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.


    In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.

    A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.


    If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.


    What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date


    ARE WE ASKING FOR TOO MUCH ???????????????????



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  • sunny1000
    12-13 05:17 PM
    This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
    If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
    A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB2 their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity. Which brings me to the main point, which is it may be inconvenient, and it may be uncomfortable, but immigration has, does and perhaps for the foreseeable future will have racial undertones.

    I guess with Dems in control, that H1 quota could happen soon...:)





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  • krish2005
    01-14 01:56 PM
    If these tougher H1B rules are being targeted towards sending H1B out of the country, then these are the ways I could think that they will impact

    -- Increase employment chances for those unemployed if many h1B folks are sent back being rejected - Marginal positive impact as its still upto the employer to pick an appropriate resource against existing H1B candidate
    -- Decrease inflow of money from h1B apps and subsequent renewals/GC process related fees -- Cons
    -- Lesser work for lawyers and tax consultants -- Cons
    -- Lesser or meagre tax income from those trickle of H1B who will remain still
    -- Heavy economic impact on sales front to name a few - housing rentals downfalls/car rentals companies going bankrupt or closures and those corresponding resources going out of work and become unemployed.
    -- Majorly technical expertise impact - braindrain which was happening due to economy downfall and GC process delays. It will only get more worse for US aiming to be top in technological front in terms of IT.

    As somebody pointed out if AILA is working to get this memo being stopped then we will get some relief, else we are doomed.

    Maybe I am wrong on certain points, but there are heavier repercussions at the economic front if this is being actioned.



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  • BharatPremi
    09-25 07:13 PM
    Here is the snippet from [url]then the unused numbers may be made available without regard to the annual per-country limit.

    It appears that DOS does spill-over every quarter.

    "MAY BE made" is not equal to "ARE made"





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  • tikka
    07-03 10:22 PM
    Hi Guys,

    Can you please post Media Links on this issue .. (CNN, ... etc) Thanks


    --------------------------------------------------------------------------------

    http://www.wesh.com/money/13616272/detail.html


    http://www.edmontonsun.com/News/Worl...08500-sun.html


    http://www.kswo.com/Global/story.asp?S=6740337


    http://www.onelocalnews.com/howellti...news&id=129492


    http://economictimes.indiatimes.com/...ow/2170349.cms

    http://www.foxnews.com/wires/2007Jul...nCards,00.html



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  • sidbee
    06-01 02:59 PM
    Generic lawsuits are not the answer. We should use the above information when we talk to the lawmakes and also use this as rebuttal to the anti's. Lets focus on recapture, venting is not going to help, lawsuits will only help make the lawyers richer(just look at the houses and cars of immigration lawyers ;))

    SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.


    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.





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  • jetflyer
    01-14 11:07 AM
    My friend works for Deloitte & Touche and they charge $550/hr and he gets $75/hr.. so what? And he is USC.
    Do you know the rates top consulting company charges? they normally starts from $400/hr+ in Accenture, PWC, KPMG, E&Y Etc and their employee's do not get paid more than 20%. Its a practice around the world.




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



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  • sunnymit
    07-30 02:37 PM
    I met this dude in Secaucus (NJ) Walmart yesterday. I was looking for an ice-cream so he pretended to do the same. Smiled at me once and then just as I was walking away from the ice-cream sections comes over with a very nice hello. Started talking to me "as they always do" but I think this time he forgot where he was. First asked me "Do you know where is a Walmart around here?", quickly realized he is in one right now, checked, and continued, "I mean, this is one but do you know another one around here?". Then "Do you know when this closes", "Is this 24/7 walmart". I mean.. seriously dude! You think I am the best person to answer those questions for you - why? Best of all, he says he just moved here from Harrison (NJ) which is like 5 miles from the Walmart he was in!

    Totally confused this guys, me thinks :)





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  • GCwaitforever
    02-14 12:50 PM
    Let us get started with legal opinion of Rajiv Khanna. I believe we have strong grounds for the class action law suit for past sins of USCIS - not utilizing full capacity of VISAs for GC processing. That is defintely operational inefficiency. But USCIS might claim that this may never happen again now that the name check requirement is waived off after 180 days.

    Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.





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  • vdlrao
    07-21 08:14 PM
    I am amazed by your calculations and how much effort you put into this. What is the conclusion come october. EB2 I will move fwd or will be current or will be retrogressed?


    In 2007 the total EB1+EB2 VISAS are 70859

    IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are 111,016
    which are 40,000 more when you compared to 2007


    IN THE BEST CASE, (ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 ) the total (EB1+ EB2) Visas for 2008 are 133,212
    which are 62,000 more when you compared to 2007.





    samay
    07-23 08:18 AM
    Dear Attorney,

    I was hoping you could help or answer this question.

    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B on full time basis.

    Is this ok will it come to haunt me when I file for citizenship?

    Thanks

    Dev.

    Go ahead.





    tonyHK12
    01-13 01:05 PM
    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org

    IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money

    These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.

    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
    There is an old chinese saying

    Be careful what you wish for it just might come true



    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.