lazycis
12-14 09:39 AM
The consitutional experts have already expressed their opinion on this.
http://immigrationvoice.org/forum/showpost.php?p=205587&postcount=17
There is no higher judicial authority in the US than the Supreme Court. There is a judicial precedent and that settles it. There is no need for more discussion.
http://immigrationvoice.org/forum/showpost.php?p=205587&postcount=17
There is no higher judicial authority in the US than the Supreme Court. There is a judicial precedent and that settles it. There is no need for more discussion.
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la6470
01-16 02:37 PM
The fact is , as I perceive it to be , is that when this country needed the IT consulting industry to boom (pre dot com and a few years thereafter) they allowed consulting companies to send their employers to the client site (I dont understand how else a consulting firm can operate). However now the situation is changed and as per some misguided folks in USCIS going after the h1b consulting companies will DRAMATICALLY improve the job market for locals here. However the truth is that it is not going to help the locals. With the introduction of cloud computing, widespread broadband penetration around the globe and the software as a service model - the services will simply shift to the most optimum location. You can allready see it happening - just go to elance.com or guru.com and you will see small (1-10) person companies based in India and Russia earning more than half a million USD per year. At the end of it - these are nothing but misguided efforts by a prehistoric government agency that is governed by archaic rules that are irrelevant in today's world.
Direct_Action_99
01-15 08:52 PM
It is really pathetic to see the current plight of H1B. It is really sad and the situation is getting worse with the passing of each day. The max limit of H1B is only 65000. It is highly regulated and accountable. Why is everyone hounding H1B without rhyme or reason? It is because most of them perhaps do not have a good picture of what is happening around.
Do the people who are after the H1B folks realize the following?
1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
3. Every minute several 1000s of jobs are outsourced ?
The root cause is because the immigration system is broken and the policies are not OK. Going behind H1 B Visa holders is not the answer
Do the people who are after the H1B folks realize the following?
1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
3. Every minute several 1000s of jobs are outsourced ?
The root cause is because the immigration system is broken and the policies are not OK. Going behind H1 B Visa holders is not the answer
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ivar
08-15 03:47 AM
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Macaca
07-04 12:09 PM
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
What is $170 and $180? I got this number from my attorney.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
------------
Cost of Applying: $395 + $170 + $180 = $745
What is $170 and $180? I got this number from my attorney.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
sanju
02-15 11:29 AM
This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).
Your above statement is true, but it doesn't apply to EB situation. A slave is not allowed to leave, you are allowed to leave time, at your free will. Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.
Knowingly or unknowingly they have setup laws which virtually make us slaves.
Laws are pretty clear, its just that we are stuck in the process created by those laws and we want to call it "slavery".
This debate will have a conclusive output if we think from our mind instead from our heart. No point in getting emotional about the situation, this debate needs pragmatic thinking and discussion about the possible lawsuit.
Slavery is not a valid argument so no point in mentioning it. Also, whether of not we have a cause depends on the law and not on the logic or the emotional aspect of the debate.
Your above statement is true, but it doesn't apply to EB situation. A slave is not allowed to leave, you are allowed to leave time, at your free will. Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.
Knowingly or unknowingly they have setup laws which virtually make us slaves.
Laws are pretty clear, its just that we are stuck in the process created by those laws and we want to call it "slavery".
This debate will have a conclusive output if we think from our mind instead from our heart. No point in getting emotional about the situation, this debate needs pragmatic thinking and discussion about the possible lawsuit.
Slavery is not a valid argument so no point in mentioning it. Also, whether of not we have a cause depends on the law and not on the logic or the emotional aspect of the debate.
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gc4me
03-27 09:31 PM
Can you please provide link for the memo.
If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.
If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.
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mantric
12-13 12:36 PM
Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?
China 20.0 %
India 17.2 %
United States 4.6 %
Indonesia 3.4 %
Brazil 2.8 %
Pakistan 2.6 %
Nigeria 2.5 %
Russia 2.2 %
Bangladesh 2.1 %
Japan 2.0 %
Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.
US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.
The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
http://www.usdoj.gov/crt/voting/intro/intro_c.htm
You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.
China 20.0 %
India 17.2 %
United States 4.6 %
Indonesia 3.4 %
Brazil 2.8 %
Pakistan 2.6 %
Nigeria 2.5 %
Russia 2.2 %
Bangladesh 2.1 %
Japan 2.0 %
Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.
US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.
The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
http://www.usdoj.gov/crt/voting/intro/intro_c.htm
You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.
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pointlesswait
09-14 04:45 PM
This a very optimistic prediction....
i think .. most with PD of jan 2005 and earlier will get their GC ..thus in OCT VB the dates will pull back a bit..maybe mid 2004...so first qtr will be bad news for anyone with a PD after jan 2005,...but the 2nd and 3rd qtr.. the dates will be definitely be in mid 2006.
my 1/4 cent
i think .. most with PD of jan 2005 and earlier will get their GC ..thus in OCT VB the dates will pull back a bit..maybe mid 2004...so first qtr will be bad news for anyone with a PD after jan 2005,...but the 2nd and 3rd qtr.. the dates will be definitely be in mid 2006.
my 1/4 cent
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h1b_forever
07-28 03:48 PM
Good one
With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D
With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D
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whitecollarslave
02-12 01:11 PM
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
How can we find out if EB provisions are there?
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
How can we find out if EB provisions are there?
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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.
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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Kushal
07-27 06:09 PM
Kaushal,
Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
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chanduv23
02-13 06:32 PM
friends,
you have 29 people in favor.
great! each one needs to put their time and money where their mouths (mouses) are.
i suggest: take up a collection, then go get top notch legal opinion.
until you do this, no point going forward, this is going to be a very
important step.
c'mon folks step up...get a collection plate out and open your pockets.
If we reach a critical mass of 50 people - "genuine" people - then it is a good start - the first step can be to look for the best lawyer for this kind of issue. This need not be an immigration lawyer if I am not wrong.
A main team of 5 people can lead this and form a mailing list to include the interest parties.
you have 29 people in favor.
great! each one needs to put their time and money where their mouths (mouses) are.
i suggest: take up a collection, then go get top notch legal opinion.
until you do this, no point going forward, this is going to be a very
important step.
c'mon folks step up...get a collection plate out and open your pockets.
If we reach a critical mass of 50 people - "genuine" people - then it is a good start - the first step can be to look for the best lawyer for this kind of issue. This need not be an immigration lawyer if I am not wrong.
A main team of 5 people can lead this and form a mailing list to include the interest parties.
more...
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immi_enthu
07-26 05:34 PM
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
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pappu
08-18 03:48 PM
I do not know why this issue is more important for people to discuss. Just because Mr Khan is asked to be a common man? He is not a world famous actor. He is a famous actor to a very very small minority Indian Community in USA. Why should USA give VIP treatment to any star actor from any country of the world? If he was an official ambassador/senior diplomat/Minister, it us understandable. He is simply coming to USA to make money. He will still come again to USA to make money even if he is strip searched again and questioned for more than 66 minutes. Indian government seems to have crossed the line by complaining. This VIP culture that is so prevalent in India needs to change.
If Indian government really wants to complain, why are they not complaining against the long wait periods for H1B stamping in India. Ordinary Indian citizens going to India for stamping sometimes have to wait several months in the name of security checks. This takes a toll on their life and job in USA. There are several other issues Indian Citizens face in USA. If Indian government has chosen to interfere with the internal matter (in this case national security) of USA, why is it keeping quiet on other matter of importance to its citizens? Indian government needs to stick to its policies and not bend its rules for VIPs.
As someone said, if his intention was to publicize his new movie and make more money from his share of profit, he may have succeeded.
If Indian government really wants to complain, why are they not complaining against the long wait periods for H1B stamping in India. Ordinary Indian citizens going to India for stamping sometimes have to wait several months in the name of security checks. This takes a toll on their life and job in USA. There are several other issues Indian Citizens face in USA. If Indian government has chosen to interfere with the internal matter (in this case national security) of USA, why is it keeping quiet on other matter of importance to its citizens? Indian government needs to stick to its policies and not bend its rules for VIPs.
As someone said, if his intention was to publicize his new movie and make more money from his share of profit, he may have succeeded.
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gjoe
02-15 10:56 AM
You can pack your bags and leave. You are here by your own choice, and work within the legal framework of the country. You are free to leave when you please.
The slavery argument doesn't hold.
jazz
This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).Knowingly or unknowingly they have setup laws which virtually make us slaves. If you are inviting high skilled workers you better make sure you have the laws to protect your businesses (employers) and the workers (us) in a fair and balanced manner. The conditions should not be such that either one can exploit the other. But currently we are almost used as slaves due to loopholes in the law and ineffeciencies in the immgration agency which allow the employer to exploit the high skilled immigrants.
The slavery argument doesn't hold.
jazz
This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).Knowingly or unknowingly they have setup laws which virtually make us slaves. If you are inviting high skilled workers you better make sure you have the laws to protect your businesses (employers) and the workers (us) in a fair and balanced manner. The conditions should not be such that either one can exploit the other. But currently we are almost used as slaves due to loopholes in the law and ineffeciencies in the immgration agency which allow the employer to exploit the high skilled immigrants.
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nk2006
10-03 11:41 AM
Hello Friends and my fellow GC awaiters..
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
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snathan
08-16 01:55 AM
Can you point to a single post praising the immigration system.
He is confused immigration with security system
He is confused immigration with security system
CreatedToday
09-04 01:56 PM
Why the &*#@ are you still POOR, being in US?
Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D
If its GOD own country...what are you doing there. Are you renting it mr.Nair
by the way how is omana kutty.
Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D
If its GOD own country...what are you doing there. Are you renting it mr.Nair
by the way how is omana kutty.
royus77
06-28 05:14 PM
right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.
There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.
Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...
There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.
Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...
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