mbartosik
12-13 05:43 PM
When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.
So here goes a potential set of arguments:
Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?
Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?
I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).
Extending my pragmatic view:
Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.
So even if we won, we would likely loss.
Just being pragmatic.
(I'm not a lawyer - and my H1B enforces this)
So here goes a potential set of arguments:
Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?
Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?
I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).
Extending my pragmatic view:
Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.
So even if we won, we would likely loss.
Just being pragmatic.
(I'm not a lawyer - and my H1B enforces this)
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hopefulgc
02-14 08:10 PM
thats bull.... disclosure is not requored.... my dog is a member of six professional canine associations ... does he have to bark it all up.
[QUOTE=GCwaitforever;223430]
Yes, I guess so. If the drink raw milk club is a registered orginization.
Disclosure : I am not a lawyer, please check with your legal ......no just save that money for a rainy day
:)
[QUOTE=GCwaitforever;223430]
Yes, I guess so. If the drink raw milk club is a registered orginization.
Disclosure : I am not a lawyer, please check with your legal ......no just save that money for a rainy day
:)
grupak
12-13 10:46 AM
Your suggestion seems interesting. Not a lawyer so absolutely no idea if it will fly.
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santb1975
02-12 10:56 PM
How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?
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sumagiri
07-23 05:42 PM
CIS First 8 months story : EB2 India/China use all numbers (around 3k and get retrogress), EB1 and EB2-ROW use usual avarege numbers (EB1=24k and EB2ROW=14K) : Total 41K.
If total 100K cases where approved EB3 got its share of 50k+. With changed interpretation they should get no more.
Sachug22,
Are you implying that there are more EB3 approvals than EB2 this year for first 8 months ? Doesn't seem right.
If total 100K cases where approved EB3 got its share of 50k+. With changed interpretation they should get no more.
Sachug22,
Are you implying that there are more EB3 approvals than EB2 this year for first 8 months ? Doesn't seem right.
chanduv23
07-21 03:31 PM
After participating and running so many campaigns on IV, it may not be a bad idea to run a campaign to addrss the same
Just like we successfuly eradicate "SMALLPOX", we can do something like eradicate "AMMWAY MENACE"
Reqruit volunteers who would act like ammway victims
Volunteers will collect all information about this ammway guy, his picture (so easy with BB, iphone etc..) , his location , his manners etc....
Post all their information on a website.
Have a mobile app wherein one can key in some details about a ammway guy and gets a response back.
Make a database of al these people - ridicule them openly on the website - circulate the website to all websites so that others see them.
They will then realise how much they are hated for what they are and what they do.
At some stage, this menace will stop.
Just like we successfuly eradicate "SMALLPOX", we can do something like eradicate "AMMWAY MENACE"
Reqruit volunteers who would act like ammway victims
Volunteers will collect all information about this ammway guy, his picture (so easy with BB, iphone etc..) , his location , his manners etc....
Post all their information on a website.
Have a mobile app wherein one can key in some details about a ammway guy and gets a response back.
Make a database of al these people - ridicule them openly on the website - circulate the website to all websites so that others see them.
They will then realise how much they are hated for what they are and what they do.
At some stage, this menace will stop.
more...
saileshdude
07-06 02:28 PM
Hello,
This is the question for the attorney. I have been laid off and my company is going to revoke my I-140 within 30 days. My I-140 was approved in 2006 and I485 applied last July 2007. My questions are
1) what is the current trend if I1-40 is revoked . Does uscis send an RFE or NOID or a direct denial for I-485. How long does it take for revocation once employer submits. If I am not able to find a job before this happens will it impact my I485 application.
2) If I am able to find a job and transfer H1 to employer B before I-140 from company A is revoked and then if again I have to switch jobs to say employer C , can I get extension of H1 just based on pending I-485 even though underlying I-140 is revoked considering I am porting using AC21.
This is the question for the attorney. I have been laid off and my company is going to revoke my I-140 within 30 days. My I-140 was approved in 2006 and I485 applied last July 2007. My questions are
1) what is the current trend if I1-40 is revoked . Does uscis send an RFE or NOID or a direct denial for I-485. How long does it take for revocation once employer submits. If I am not able to find a job before this happens will it impact my I485 application.
2) If I am able to find a job and transfer H1 to employer B before I-140 from company A is revoked and then if again I have to switch jobs to say employer C , can I get extension of H1 just based on pending I-485 even though underlying I-140 is revoked considering I am porting using AC21.
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snram4
01-16 01:31 PM
Accepting regulations does not mean to prevent Indians to come here. I can tell many examples. There are many bodyshoppers get h1B and make the persons to sit on bench in India or USA. I know some persons come here 1 year after getting h1b. But many reputed companies those who are real need of people could not get H1b as Cap was reduced. Putting restrictions on on bodyshoppers will improve H1b usage and wastage can be eliminated. And will make h1b program legitimate.
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
more...
AirWaterandGC
05-11 04:39 PM
If I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
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JazzByTheBay
12-13 09:09 PM
Probably the best argument I've read all day, and your take on it makes a lot more sense - great for a sanity check! :)
cheers!
jazz
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
cheers!
jazz
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
more...
chanduv23
06-28 08:56 PM
Maybe eb2, eb3 petitions are far less in number than "other worker" petitions. USCIS definitely has a rough idea of the number of petitions that could be filed. It may not be as bad in July, if such a situation happens it may happen in August
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
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vbkris77
09-15 04:24 PM
with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
Most lawyers think that it needs a law change. So if we are going to work with lawmakers, why not aim high and get recapture?? So in a nutshell, we will need to wait for CIR.
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
Most lawyers think that it needs a law change. So if we are going to work with lawmakers, why not aim high and get recapture?? So in a nutshell, we will need to wait for CIR.
more...
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jhaalaa
01-14 01:19 PM
Ombudsman discussed the RFE rates on page 18 figure 7 of the following document:
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
H1b RFE rates
Year VSC CSC
2006 12.7 07.1
2007 11.4 11.0
2008 11.8 11.6
It would be interesting to see the new RFE rates, as this memo gets actioned at USCIS.
Best Wishes for all.
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
H1b RFE rates
Year VSC CSC
2006 12.7 07.1
2007 11.4 11.0
2008 11.8 11.6
It would be interesting to see the new RFE rates, as this memo gets actioned at USCIS.
Best Wishes for all.
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chanduv23
02-13 11:50 AM
We have three now and atleast 8 who supported this issue on the thread
I would be the happiest person seeing this :)
Lets add a poll - we want honest takers on this poll.
Thread starter - please post a poll
I would be the happiest person seeing this :)
Lets add a poll - we want honest takers on this poll.
Thread starter - please post a poll
more...
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ss1026
04-20 11:23 AM
I applied for a labor substitution in 2003. The old labor had a master degree given out in may of 1999 and I had mine in august of 1999. I went and applied for it but the substitution was rejected after about 2 years. I wasted more than 5K and about 2 years. It is too much of a risk but give it a shot if it worth the risk for you
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tw00ne
07-23 10:35 AM
Is unclear to me what the law is for those 2 cases
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
more...
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sandy_77
08-13 04:26 AM
I have two main questions. First question is about 221g. I am stuck in India for administrative processing (no reasons given) for the last 6 months. I would like to know if there are any legal ways of getting the process expedited. Second question is about filing I-485 while on 221g. I have an approved I-140 and if my priority date becomes current while i am still stuck under 221g, what are my options for filing I-485? Can I file or not being outside US. Will AOS be possible or do I need to go for CP? Any other options?
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Googler
02-20 03:03 PM
And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."
I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.
See update on this discussion on this thread (http://immigrationvoice.org/forum/showthread.php?t=17450).
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."
I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.
See update on this discussion on this thread (http://immigrationvoice.org/forum/showthread.php?t=17450).
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Lasantha
12-14 04:41 PM
If that were the case then the rest of us must be equlally skeptical of your ideas since you yourself hail from an oversubscribed country. :cool:
All you need to do is listen to the idea with an open mind and see if that makes sense. Obviously the ppl from oversubscribed countries would love to see these restrictions removed (and I can understand that) but please also keep in mind that the people from ROW will think twice about supporting such a move if it's done without other provisions like increasing the total quota, visa recapture, excluding dependents and faster processing times.
On the other hand if you are from "ROW" then all your attempts to kill this ideas will make me understand how scared you are of this idea and hence how good this idea really is. :)
All you need to do is listen to the idea with an open mind and see if that makes sense. Obviously the ppl from oversubscribed countries would love to see these restrictions removed (and I can understand that) but please also keep in mind that the people from ROW will think twice about supporting such a move if it's done without other provisions like increasing the total quota, visa recapture, excluding dependents and faster processing times.
On the other hand if you are from "ROW" then all your attempts to kill this ideas will make me understand how scared you are of this idea and hence how good this idea really is. :)
breddy2000
09-03 11:50 PM
This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.
With your utmost stupidity!!!!!
Anyway thanks for the Humor from your stupidity...
With your utmost stupidity!!!!!
Anyway thanks for the Humor from your stupidity...
venky321
01-14 12:25 AM
Is this Memorandom final?
If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:
1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).
Don't think working for the direct vendor will help. Read page 6 of the report; it will be hard even for the direct vendor to show control over the employee.
If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:
1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).
Don't think working for the direct vendor will help. Read page 6 of the report; it will be hard even for the direct vendor to show control over the employee.
