soljabhai
12-13 10:43 AM
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
wallpaper Rose Byrne of #39;Damages#39;
godbless
04-09 12:44 PM
How long it takes to get Canadian PR from USA in Skilled Worker category? How much time the documents collection (like FBI clearnace, police clearance etc.) takes and how much time is taken by the Canadian Consulate to process your application?
akottai
07-22 02:10 PM
When we moved from MN to NJ, we were so happy to find so many Indians around. In an Indian store I found a fellow native and I introduced myself. We were so happy that we found a good neighbor whom we can befriend. I gave them my number and got their number back. I never got any response from them whenever I called - ever. Later, I found the menace of Amway in these parts of world(among desis). I was so ashamed just by knowing that they mistook us for Amway people.
I have been approached by many in Walmart, Macy's and other stores with questions like "are your from Mumbai?", "I have seen your somewhere"... types...
At one point of time, it became very difficult to distinguish between a genuine smile and the e-commerce business smile! I can now understand why they never attended my calls! :)
Anyways, I moved to NC - and no more Amways in this part. Not until now!
I have been approached by many in Walmart, Macy's and other stores with questions like "are your from Mumbai?", "I have seen your somewhere"... types...
At one point of time, it became very difficult to distinguish between a genuine smile and the e-commerce business smile! I can now understand why they never attended my calls! :)
Anyways, I moved to NC - and no more Amways in this part. Not until now!
2011 Rose Byrne - Hollywood
she81
07-03 06:44 PM
Dugg both.
more...
kuhelica2000
02-13 02:01 PM
Grupak, I am not suggesting any single country is monopolizing the foreign worker pool. Employment laws in the US are fairly non-discriminatory except the diversity in workplace or "Affarmative Action" component which prefers a minority when two candidates possess the same skills.
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
I don't understand this logic. We are talking about employment based GC.
Lets be clear that we are talking about people who are employed in the US and their employers have sponsored their green cards (except the EB2-NIW, EB1_EA). These people are employed because of their skill at jobs not their national origin.
Are you suggesting that somehow people of some countries have monopolized the foreign worker pool by born in the same country and NOT because of their skill.
Since we are talking about a privilege and benefit that comes from being employed in the US, you are actually suggesting that US employers should consider country of birth and not just skill in the employment.
Tell me how did the Chinese, Indian, Mexican and Filipino workers unfairly monopolized the foreign worker pool. As far as I am aware, these countries have large populations and a lot of Science and Engineering graduates happen to be from these countries.
The country cap makes sense in family based immigration system when extended beyond the immediate family members. IV is not for FB GC issues.
Again, employment in the US is based on skill not country of birth. The foreign workers are here because they are needed, and US will benefit by keeping these skilled workers long term. What IV is doing benefits all employment based GC.
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
I don't understand this logic. We are talking about employment based GC.
Lets be clear that we are talking about people who are employed in the US and their employers have sponsored their green cards (except the EB2-NIW, EB1_EA). These people are employed because of their skill at jobs not their national origin.
Are you suggesting that somehow people of some countries have monopolized the foreign worker pool by born in the same country and NOT because of their skill.
Since we are talking about a privilege and benefit that comes from being employed in the US, you are actually suggesting that US employers should consider country of birth and not just skill in the employment.
Tell me how did the Chinese, Indian, Mexican and Filipino workers unfairly monopolized the foreign worker pool. As far as I am aware, these countries have large populations and a lot of Science and Engineering graduates happen to be from these countries.
The country cap makes sense in family based immigration system when extended beyond the immediate family members. IV is not for FB GC issues.
Again, employment in the US is based on skill not country of birth. The foreign workers are here because they are needed, and US will benefit by keeping these skilled workers long term. What IV is doing benefits all employment based GC.
rahulpaper
06-28 06:10 PM
and everyone started having a sane discussion...
hope fully this would help
http://www.imminfo.com/resources/cissop.html
Read couple of pages forward....thanks Ramba
All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.
The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.
If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.
hope fully this would help
http://www.imminfo.com/resources/cissop.html
Read couple of pages forward....thanks Ramba
All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.
The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.
If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.
more...
Green_Always
08-15 05:42 PM
Why should it be a surprise?
How do PoE officers know if he is a film star in some foreign language movies?
Even if they knew, why is SRK so special that he should not be checked?
There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?
I agree 100% simply Indian Media make more of this. I know only one face of SRK, who knows such big guys what they are into ?
How do PoE officers know if he is a film star in some foreign language movies?
Even if they knew, why is SRK so special that he should not be checked?
There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?
I agree 100% simply Indian Media make more of this. I know only one face of SRK, who knows such big guys what they are into ?
2010 Rose Byrne#39;s sassy tiered
thomachan72
03-27 03:11 PM
people went to see another guy taking oath too, who caused recent genocide in Iraq.. Indian PMs are way better than that asshole. Atleast they are only corrupt and dont cause genocide.
:mad:
are you sure?? or did you mean that they did not have the means to make that much damage??? US could afford Bush because, see what is happening now... an almost perfect young and highly motivated guy is cleaning up the mess. but that is not the case in india. each one leaves the office with more mess.
:mad:
are you sure?? or did you mean that they did not have the means to make that much damage??? US could afford Bush because, see what is happening now... an almost perfect young and highly motivated guy is cleaning up the mess. but that is not the case in india. each one leaves the office with more mess.
more...
acruix
07-13 04:07 PM
http://www.immigrantslist.org/page/petition/Chertoff
hair Rose Byrne and BlackBook
jayleno
07-27 09:14 AM
Buddy Kushal,
You have guts my friend. A real quickstar indeed. Please PM me. I will join quickstar, I'm really impressed with your speech here. You had me at US Army. I didn't read the rest of it.
P.S. I dont flip channels, my wife does and I watch whatever is playing. I sip beer and burp after. I hope I'm qualified to join.
Its like asking an anti-immigrant, what you think about legal/illegal immigration?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
You have guts my friend. A real quickstar indeed. Please PM me. I will join quickstar, I'm really impressed with your speech here. You had me at US Army. I didn't read the rest of it.
P.S. I dont flip channels, my wife does and I watch whatever is playing. I sip beer and burp after. I hope I'm qualified to join.
Its like asking an anti-immigrant, what you think about legal/illegal immigration?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
more...
Mount Soche
02-14 01:09 PM
Bestia,
I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.
I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.
Man... you can't bring some example, not to be accused of something... Come on guys.
Happy Valentine's Day.
I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.
I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.
Man... you can't bring some example, not to be accused of something... Come on guys.
Happy Valentine's Day.
hot Rose Byrne Hairstyles
belmontboy
08-15 04:17 PM
Welcome to our troubles Mr SRK.
Nobody cared for hapless NRI's all these days.
One fine day, Mr SRK gets the treatment, and suddenly everybody starts jumping.
Nice to see every Brown skinned being treated the same way.
Nobody cared for hapless NRI's all these days.
One fine day, Mr SRK gets the treatment, and suddenly everybody starts jumping.
Nice to see every Brown skinned being treated the same way.
more...
house Rose Byrne and Adam Photograph
samay
07-30 10:13 AM
Dear Samay,
Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)
Thank you so very much.
Regards,
Watzgc
Yes you can.
Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)
Thank you so very much.
Regards,
Watzgc
Yes you can.
tattoo Rose Byrne and InStyle
snthampi
07-30 06:53 PM
Ohh the moral police (shiv sena etc) are out, chill out dude what is decent to you is not necessarily indecent to another man and and vice versa. You enjoy the same thing if Salman Khan does it in his movie, right? Don't be a Bore for real get my drift? Or were you the Amway gut I met?
Ignore that idiot man. There are some morons who think what they believe is right.
Ignore that idiot man. There are some morons who think what they believe is right.
more...
pictures Rose Byrne picture gallery
chanduv23
02-13 11:55 AM
Lets see how a common member look at so called "GC Dream" and try to understand why there is no unity.
Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" that all not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.
Everyone in this community are Brave and Courageous.
Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.
I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" that all not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.
Everyone in this community are Brave and Courageous.
Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.
I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
dresses Rose Byrne#39;s Curly Updo
mallu
02-19 01:12 AM
.....
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
.......
Actually, EB1 is current for India,China etc. Aren't they the brightest ?
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
.......
Actually, EB1 is current for India,China etc. Aren't they the brightest ?
more...
makeup Rose Byrne Pictures
chetanjumani
12-14 12:45 PM
You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.
If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.
Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.
I am not sure if correcting a discrimation can be considered as discrimation againt group who were in an advantageous position before the correction is done.
I dont think any one wants any changes in favor of a particular nation, in fact they want it to be without favor to any particular nation and treat every one with equality.
I am not a constitutonal lawyer, but I believe if we pursue it, the per country limit may be removed.
How ever I am not sure if that will be very helpful to us now. Even if there is no per country limit, i think we will have to wait for years before the visas are made available.
I think, Immigrant voice should strive to make the system as fair and as efficient as possible, irrespective of in person who gains/looses from it.
Another very important thing here is not to get divided amongst ourself. If we do that we are not going to get much.
Take an honest view irrespective of your personal loss/gain.
We might even try to ponder how we could use this to get media/public focus on legal immigrant community, and its inefficiencies. Use this to forward all our causes.
We might want some people in PR to put this in media that perhaps there is something unconstitutional in the law, without going to the extent of filing a law case.
I would encourage every one to come up with imaginative ideas to achieve our overall goals of an efficient and fair system for legal immigrants.
Please help grow this idea
If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.
Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.
I am not sure if correcting a discrimation can be considered as discrimation againt group who were in an advantageous position before the correction is done.
I dont think any one wants any changes in favor of a particular nation, in fact they want it to be without favor to any particular nation and treat every one with equality.
I am not a constitutonal lawyer, but I believe if we pursue it, the per country limit may be removed.
How ever I am not sure if that will be very helpful to us now. Even if there is no per country limit, i think we will have to wait for years before the visas are made available.
I think, Immigrant voice should strive to make the system as fair and as efficient as possible, irrespective of in person who gains/looses from it.
Another very important thing here is not to get divided amongst ourself. If we do that we are not going to get much.
Take an honest view irrespective of your personal loss/gain.
We might even try to ponder how we could use this to get media/public focus on legal immigrant community, and its inefficiencies. Use this to forward all our causes.
We might want some people in PR to put this in media that perhaps there is something unconstitutional in the law, without going to the extent of filing a law case.
I would encourage every one to come up with imaginative ideas to achieve our overall goals of an efficient and fair system for legal immigrants.
Please help grow this idea
girlfriend Rose Byrne Hairstyles
Lasantha
02-13 11:19 AM
There's no POW at least where this topic is concerned. Somebody said that as a joke. ROW of course as Chintu said is Rest Of the World
What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!
What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!
hairstyles Rose Byrne at the #39;X-Men:
amitjoey
07-03 04:57 PM
What did you put in the subject field.. It is very important to have right words in subject field so at least they will open the email and see what's in it..
"Immigration scandal goes unnoticed"
or "USCIS drama and tantrum to lessen workload"
or "Is this legal?"
or "Resignations due at USCIS"
or "Foul Play synonym USCIS Play"
"Immigration scandal goes unnoticed"
or "USCIS drama and tantrum to lessen workload"
or "Is this legal?"
or "Resignations due at USCIS"
or "Foul Play synonym USCIS Play"
gc2005
05-25 12:01 PM
We are thinking about applying for canadian PR. Should we include our son (US citizen) in the application? or do US citizens get to reside in Canada without visa?
Also, currently my company is processing my GC, will this be affected if we apply for canadian PR?
Also, currently my company is processing my GC, will this be affected if we apply for canadian PR?
sb15
07-22 01:39 PM
My Alien # on I-140 approval notice is different from my I-485 receipt notice, will this cause an issue ? I appreciate your service.
Thank you
sb
Thank you
sb
