user1205
02-12 02:54 PM
Also keep in mind all the people with old PDs that filed 140 and 485 at the same time and are now stuck in the 140 mess. As soon as that starts clearing out there will be a lot more demand for GC. I'm afraid we'll have to wait for some more time before it moves forward.
wallpaper Brinda Kay Design, Born to Run
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.
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.
vparam
01-23 05:16 PM
http://news.mainetoday.com/updates/008785.html
Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.
--------------------------------------
Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.
And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.
What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.
So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
Logiclife -
I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..
The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.
Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.
--------------------------------------
Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.
And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.
What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.
So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
Logiclife -
I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..
The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.
2011 cd cover art springsteen
Kushal
07-27 11:26 AM
If you are making millions with Amway, why are you sitting with a EB-3 PD ? Go for EB-5 :)
From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."
What has EB5 to do with amway?
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."
What has EB5 to do with amway?
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
more...
GCKaMaara
05-29 04:09 PM
All those people who are saying let us inform USCIS, if 50% of them go home today and draft letter and post or email it, then that will be significant achievement for today. Emotional exchanges without any concrete plan after a bad news is norm here. Look at the past few bulletins. Let us do gandhigiri, let us do flower campaign, let us do rally, questiion is WHAT WE REALLY DO not "LET US".
Five letter word: U N I T Y
Five letter word: U N I T Y
thakurrajiv
06-27 07:42 AM
I don't know how much to trust these sources. I am very nervous though.
I understand that the visa number is reduced once 485 is approved. But rememeber that in 2005 dates were current and thousands of applications got filed.Most of the applications were pre-adjusted and just need number to be assigned.So in July, there is possibility that many applications can get approved and they can get approved fast !!
I am in the same boat as everyone else. Just wanted to share my worries.
I understand that the visa number is reduced once 485 is approved. But rememeber that in 2005 dates were current and thousands of applications got filed.Most of the applications were pre-adjusted and just need number to be assigned.So in July, there is possibility that many applications can get approved and they can get approved fast !!
I am in the same boat as everyone else. Just wanted to share my worries.
more...
alterego
07-25 05:50 PM
Yeah Ron Gotcher is speculating, but there is some credibility to what he is saying. He did predict the rapid movement of PDs toward the end of the year, in fact at one point he was extremely optimistic more than what happened to date. So he did have some insight into the inner workings (or rather non-workings!) of the USCIS. He also openly shared his interaction with Charlie Oppenheim.
This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.
I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.
This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.
I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.
2010 Bruce Springsteen#39;s #39;Born
pravarupa
07-14 09:33 AM
My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.
Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?
Will there be any movement for EB3-India in the coming year?
Your valuable response is highly appreciated.
Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?
Will there be any movement for EB3-India in the coming year?
Your valuable response is highly appreciated.
more...
gc28262
01-24 05:16 PM
If you think Memo is illegal why can't you file a lawsuit. That should be right way. But I did not see any suggestion from any lawyer. But when when July 2007 issue cropped most lawyers rushed to file lawsuit. Now no one even suggesting lawsuit except some members in IV. Either most are not interested or they think no legal basis to contest memo
I am filing a lawsuit. Want to join me ? :cool:
Please read this
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
Read the conclusion. I am sure that won't make you happy.
I am filing a lawsuit. Want to join me ? :cool:
Please read this
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
Read the conclusion. I am sure that won't make you happy.
hair Bruce Springsteen, I Wish I Were Blind: The (Often Terrible) Album Covers of
paskal
12-14 05:55 PM
it's clear as pointed out above that we peters and pauls here.
iv is not striving to remove country qiota in isolation.
that said, those who benefit will always justify it. it is human.
my personal view remains the same: discriminating between two individuals by country of origin is wrong. period.
thie country recognizes that fact in EVERYTHING, except immigration, and that has a long history of fear and restriction behind it.
i guess until one feels the effects of being on the "wrong side of the fence" it's hard to see this picture.
meanwhile this is going too far and i will close this thread forewith. wake up people - there is barely any difference in EB3 india and ROW...so what's the deal with swamping? and if one country gets more GC numbers...maybe ...horrors...it's because it has more applicants???
those who support this "diversity" crap- you will find your own "quotas" somewhere sometime someday for sure. then please remember that it's ok to take away from you and give others for any chosen reason....
i get the last word. sorry! :-)
iv is not striving to remove country qiota in isolation.
that said, those who benefit will always justify it. it is human.
my personal view remains the same: discriminating between two individuals by country of origin is wrong. period.
thie country recognizes that fact in EVERYTHING, except immigration, and that has a long history of fear and restriction behind it.
i guess until one feels the effects of being on the "wrong side of the fence" it's hard to see this picture.
meanwhile this is going too far and i will close this thread forewith. wake up people - there is barely any difference in EB3 india and ROW...so what's the deal with swamping? and if one country gets more GC numbers...maybe ...horrors...it's because it has more applicants???
those who support this "diversity" crap- you will find your own "quotas" somewhere sometime someday for sure. then please remember that it's ok to take away from you and give others for any chosen reason....
i get the last word. sorry! :-)
more...
HumJumboHathuJumbo
09-23 03:51 PM
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
huh! cant you take a joke, man?. you said "suggest better if you can". whats your suggestion. Atleast, i made an effort to amuse people here.
you take that red dot back, if you are a man!
huh! cant you take a joke, man?. you said "suggest better if you can". whats your suggestion. Atleast, i made an effort to amuse people here.
you take that red dot back, if you are a man!
hot Bruce Springsteen And The E
sachug22
09-15 06:19 PM
Cutoff for China will never advance India dates for spill overs.
Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.
Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.
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house Bruce Springsteen � #39;The
nissan_1
09-24 03:54 PM
Mailed all...
tattoo the album artwork of #39;Born
vxg
06-04 11:44 PM
Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
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pictures Bruce Springsteen album
thomachan72
09-24 04:17 PM
EB-I will be in mid or late 2006 by Sep 2009.
You meant Sep 2010, right? we are already about to cross into October 2009
You meant Sep 2010, right? we are already about to cross into October 2009
dresses The album is a staggering progression from the folky Greetings,
okuzmin
07-11 07:48 PM
Another option for future Canadian PR's: you can get a business visa to come to the USA. US consulates give such visas much easier to Canadian PR's rather than to just a citizen of India, China, Russia, etc.
Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.
Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.
more...
makeup Bruce Springsteen, #39;Born To
alkg
09-24 03:29 PM
I don't think this all is going to work out in any way.
girlfriend Bruce Springsteen - Born in
snathan
08-20 10:31 PM
^^^Not sure about the credibility of this news since its from TOI, but SRK seems to have bitten off a little more than he could chew! Rest assured, he will get his publicity one way or the other. :D
SRK also equally crap to talk about...so lets give this thread rest to peace..
SRK also equally crap to talk about...so lets give this thread rest to peace..
hairstyles Musically, BORN IN THE USA was
samay
07-06 12:03 PM
My LC applied in Feb 2008
LC approved Apr 2008
I-140 Applied May 2008
My 6th yr H1B expires Dec 2008
H1B Maxout Jan 2008
I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?
or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.
Hello
In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.
LC approved Apr 2008
I-140 Applied May 2008
My 6th yr H1B expires Dec 2008
H1B Maxout Jan 2008
I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?
or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.
Hello
In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.
H1BLegal95
02-13 01:49 AM
it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
go_gc_way
08-16 01:16 PM
This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
May be this is not the forum , but as I saw this I was unable to stop my self from writing here...
With respect to every one, SRK is no comparision to Dr. Abdul Kalam
When I think of Dr. Abdul Kalam , all that comes to my mind is the unselfish life that he has dedicated to India. We all know , he is Great Scientist, Great Intellectual, Social Worker and a Great Indian. He is unmarried and still serving society after ex Presidency India..
I would not be worried of what happend to SRK..SRK is no comparision, rest is typical politics.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
May be this is not the forum , but as I saw this I was unable to stop my self from writing here...
With respect to every one, SRK is no comparision to Dr. Abdul Kalam
When I think of Dr. Abdul Kalam , all that comes to my mind is the unselfish life that he has dedicated to India. We all know , he is Great Scientist, Great Intellectual, Social Worker and a Great Indian. He is unmarried and still serving society after ex Presidency India..
I would not be worried of what happend to SRK..SRK is no comparision, rest is typical politics.
