lotsofspace
12-14 03:44 PM
The American political system is stands on three pillars; Judiciary, Legislative (Congress), and Executive (President). They have checks and balance on each others. Congress enact bills, president can veto or pass it. Supreme Court is evaluating this passed bill whether it violate the constitute? If it violate the constitute, Supreme Court can be overruled that bill at any time (even if it was passed by Congress and the President).
Constitute says Non-discrimination based on race, sex, country of origin etc. If some one prove in supreme court that per-country quota for Employment based and Family based immigration is violating the constitutional right, Supreme court can overrule this law of per-country quota. It is worth to take advise of expert attorney.
This is my 2 cents !!
BTW , Where is the fourth pillar? :)
Constitute says Non-discrimination based on race, sex, country of origin etc. If some one prove in supreme court that per-country quota for Employment based and Family based immigration is violating the constitutional right, Supreme court can overrule this law of per-country quota. It is worth to take advise of expert attorney.
This is my 2 cents !!
BTW , Where is the fourth pillar? :)
wallpaper Snakes On A Plane
unitednations
02-18 05:19 PM
You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.
The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.
Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.
The purpose of EB is supposed to be to match an employer with a foreign worker because there is no willing and able American to do the job. Either a company needs a foreigner or they don't. They can't wait for years upon years because of a quota system. I look at sports as an example. In sports there is no quota that only a certain amount of foreigners can play baseball, football, etc. However, other sports leagues around the world (canadian football, european hockey, japanese baseball) have an import quota. However, the best sports leagues are right here in American because they want the best players. American soccer hasn't taken off because the best players aren't here; they are in europe.
Any reasonable American, politician would agree that if an american can't be found then they should be able to hire the foreigner with the least amount of interruption in their business. At high level and without any prejudice people would come to this conclusion.
However; we need to understand why is there a quota first of all; and then second why is there a country quota. I've almost come to the conclusion that EB immigration is just an accomodation to get a certain number of people into USA. If it truly was to attract the best/brightest then immigration would be much different. It looks like the answer is easy in my mind; no quota of any sort.
When talking to politicians, newspapers; maybe one would lose credibility when they would say there shouldn't be a quota. However, how do you come up with a quota of 300,000 verus 200,000 or 500,000. I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number. A company either needs you or they don't; plain and simple.
I talk to a lot of people and a lot of different attornies and get involved in all sorts of discussions. There is a thread today asking that a person has gotten greencard but is married to a lady in India. She has a three year B.Sc and 3 years of experience and they want to know if she can come here on H-1b. Reason why this is being asked is because if the greencard holder sponsors her then it will take five years. So what is the easy way; bring her here on H-1b and then go the employment route. I can't even begin to tell you how many times this situation has come up off-line where a person got greencard real fast but never thought of the marriage angle and then they try to go this route.
The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.
Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.
The purpose of EB is supposed to be to match an employer with a foreign worker because there is no willing and able American to do the job. Either a company needs a foreigner or they don't. They can't wait for years upon years because of a quota system. I look at sports as an example. In sports there is no quota that only a certain amount of foreigners can play baseball, football, etc. However, other sports leagues around the world (canadian football, european hockey, japanese baseball) have an import quota. However, the best sports leagues are right here in American because they want the best players. American soccer hasn't taken off because the best players aren't here; they are in europe.
Any reasonable American, politician would agree that if an american can't be found then they should be able to hire the foreigner with the least amount of interruption in their business. At high level and without any prejudice people would come to this conclusion.
However; we need to understand why is there a quota first of all; and then second why is there a country quota. I've almost come to the conclusion that EB immigration is just an accomodation to get a certain number of people into USA. If it truly was to attract the best/brightest then immigration would be much different. It looks like the answer is easy in my mind; no quota of any sort.
When talking to politicians, newspapers; maybe one would lose credibility when they would say there shouldn't be a quota. However, how do you come up with a quota of 300,000 verus 200,000 or 500,000. I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number. A company either needs you or they don't; plain and simple.
I talk to a lot of people and a lot of different attornies and get involved in all sorts of discussions. There is a thread today asking that a person has gotten greencard but is married to a lady in India. She has a three year B.Sc and 3 years of experience and they want to know if she can come here on H-1b. Reason why this is being asked is because if the greencard holder sponsors her then it will take five years. So what is the easy way; bring her here on H-1b and then go the employment route. I can't even begin to tell you how many times this situation has come up off-line where a person got greencard real fast but never thought of the marriage angle and then they try to go this route.
qasleuth
05-28 11:55 PM
[B]
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing.
Help me understand here: when pre-adjudicating applications, either you pre-approve, if not satisfied issue RFE or deny. Why would only 25,000 applications have been pre-adjudicated ? NSC processing timeframe being Aug 27, 2007 and TSC Aug 8, 2007, shouldn't the 25,000 number be much higher when compared to the total of 120,000 applications chargeable to India?
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing.
Help me understand here: when pre-adjudicating applications, either you pre-approve, if not satisfied issue RFE or deny. Why would only 25,000 applications have been pre-adjudicated ? NSC processing timeframe being Aug 27, 2007 and TSC Aug 8, 2007, shouldn't the 25,000 number be much higher when compared to the total of 120,000 applications chargeable to India?
2011 Snakes on a Plane.
logiclife
02-06 01:57 PM
I dont think that you HAVE TO file I-140 within 60 days after labor is approved.
--logiclife.
--logiclife.
more...
amoljak
05-10 04:52 PM
I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.
So the process can be:
May 2006: Come here on H1B
May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
July 2010 - Get green card and enjoy :)
So the process can be:
May 2006: Come here on H1B
May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
July 2010 - Get green card and enjoy :)
ivar
08-16 01:44 AM
[QUOTE=Mr. Brown;689396]While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.
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more...
snathan
05-01 04:10 PM
When did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.
Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.
Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.
2010 Snakes On A Plane: Everglade
bitu72
10-18 02:18 PM
i have sent my application last friday.
Any idea how many months its taking nowaday for complete process - whatever it is its much better than what we have here.
i see lot of people with PR.can you guys post some of you thoughts and experience regarding jobs in canada. are u guys getting any offere while staying here.
Any idea how many months its taking nowaday for complete process - whatever it is its much better than what we have here.
i see lot of people with PR.can you guys post some of you thoughts and experience regarding jobs in canada. are u guys getting any offere while staying here.
more...
newuser
09-04 01:06 PM
I just saw within Half an hour my rating points went down from 3000 to just 500...
Who esle have the time on earth to keep reducing my points apart from the person who has previledge to do it...
This is a classic example of how ones power can be misused to prove their point and politics and corruption at its best. Preach something and do something else....
Never walk the Talk...
Hats off to you Mr. Chandu.....
Its because there are mute spectators who are giving greens or red based on what they think is right
I don't believe CHANDUV23 & _Truefacts are the same
Who esle have the time on earth to keep reducing my points apart from the person who has previledge to do it...
This is a classic example of how ones power can be misused to prove their point and politics and corruption at its best. Preach something and do something else....
Never walk the Talk...
Hats off to you Mr. Chandu.....
Its because there are mute spectators who are giving greens or red based on what they think is right
I don't believe CHANDUV23 & _Truefacts are the same
hair Snakes On A Plane
tapukakababa
08-11 09:04 AM
Please help what's the next step?
My Case info in chronological order:
PD: June 2006
I-140 applied: September 2006
EAD and I-485 applied: July 2007
EAD received: September 2007
I-140 RFE: October 2007
I-140 RFE Replied: October 2007
I-140 Denied: January 2008
I-485 Denied: January 2008
MTR filed: February 2008 (status not known)
EAD renewal filed: June 2008
H1B renewal filed: July 2008 "1st H1B expiring: October 2008"
EAD renewal Denied: August 2008
Working on H1B right now, still have 3 more yrs.
My Case info in chronological order:
PD: June 2006
I-140 applied: September 2006
EAD and I-485 applied: July 2007
EAD received: September 2007
I-140 RFE: October 2007
I-140 RFE Replied: October 2007
I-140 Denied: January 2008
I-485 Denied: January 2008
MTR filed: February 2008 (status not known)
EAD renewal filed: June 2008
H1B renewal filed: July 2008 "1st H1B expiring: October 2008"
EAD renewal Denied: August 2008
Working on H1B right now, still have 3 more yrs.
more...
desi3933
07-27 12:20 PM
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
1099 or W2, it does not matter.
On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.
One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.
____________________
Not a legal advice.
US citizen of Indian origin
1099 or W2, it does not matter.
On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.
One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.
____________________
Not a legal advice.
US citizen of Indian origin
hot Snakes on a Plane Pictures
surya.kant
05-30 09:22 AM
Mr. Oppenheim stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.
This is the key for VB in coming months. The cut-offs will move slowly and that would mean FIFO for approvals.
Recapturing unused visa is the only way to reduce the gap between visa supply and demand.
This is the key for VB in coming months. The cut-offs will move slowly and that would mean FIFO for approvals.
Recapturing unused visa is the only way to reduce the gap between visa supply and demand.
more...
house took the Snakes on a Plane
jsb
06-03 04:24 PM
All that is too complicated and it shows nothing except that USCIS is incompetent.
But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.
Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.
Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
tattoo quot;Snakes on a Planequot; LA
gman
08-03 09:21 PM
I am EB3-ROW with PD of Feb 2006. My I-140 (filed as systems analyst) is approved and I filed my I4285 in Aug 16, 2007 (RD). I have approved EAD and AP good until Nov 21, 2008. I have been offered a job as Director of Software Development at another company in the same state. Because my I-485 has been pending for over 180 days I'm assuming I should be able to take the job under AC21. The new job seems a natural progression to my career (a promotion of course) but the USCIS has not issued definite guidelines on how to define a "similar" job. What's your advice on this? Should I take the job?
Thanks,
Thanks,
more...
pictures Snakes on a Plane (Seriously). Source: metro.co.uk
ramus
07-03 05:16 PM
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
dresses Snakes On A Plane Framed
u.misc
01-25 02:46 PM
From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.
Hell ya, Some one got to be benefiting from my $12000.
AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.
Lets see which businesses/people are making money out of immigration related activities.
1) Attorney
2) Paralegal staff
3) Shipping guys (usps, fedex, etc)
4) Airlines (because immigrant workers has to visit their home country periodically)
5) Consulate
6) USCIS
7) Contractors in USCIS
8) Port of Entry/customs staffs
9) Notaries
10) Doctors/hospitals for getting medical clearance for 485, etc
11) Passport photo shops
12) Airport staffs
13) ....
Hell ya, Some one got to be benefiting from my $12000.
AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.
Lets see which businesses/people are making money out of immigration related activities.
1) Attorney
2) Paralegal staff
3) Shipping guys (usps, fedex, etc)
4) Airlines (because immigrant workers has to visit their home country periodically)
5) Consulate
6) USCIS
7) Contractors in USCIS
8) Port of Entry/customs staffs
9) Notaries
10) Doctors/hospitals for getting medical clearance for 485, etc
11) Passport photo shops
12) Airport staffs
13) ....
more...
makeup Snakes on a Plane
sparklinks
09-14 07:14 PM
Hello and Thanks for the Services... My question is.... My wife got H1 until 2010(Visa on PP too) but she is working for different Employer on EAD. Now she wants to travel to India and come back on H1, is this possible? We applied of AP, but I don't think so it will come before Nov 15th.. please advice. Thanks !!
girlfriend Snakes on a Plane
jhaalaa
01-13 05:19 PM
IV Core and Administrators
1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?
2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.
Thanks for all your efforts.
Best Wishes for all.
1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?
2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.
Thanks for all your efforts.
Best Wishes for all.
hairstyles Snakes on a Plane - 2006
hiralal
06-15 09:36 PM
Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.
I am guessing that your intention is good but the advice is BAD (to put it mildly).
Find a new job if you are on H1 / or even EAD -- first try the same and then let us know.
regarding buying house - if you are welder from Korea - sure go ahead even if you PD is 2006. if from China / India -- just forget it for the time being ... it will add too much stress in your life ..better have the money in liquid form. it is good to be optimistic but you need to be a realist first ..as others have said, if they cannot print a plastic green card for you then it is foolish for you to invest your hard earned money in real estate
I am guessing that your intention is good but the advice is BAD (to put it mildly).
Find a new job if you are on H1 / or even EAD -- first try the same and then let us know.
regarding buying house - if you are welder from Korea - sure go ahead even if you PD is 2006. if from China / India -- just forget it for the time being ... it will add too much stress in your life ..better have the money in liquid form. it is good to be optimistic but you need to be a realist first ..as others have said, if they cannot print a plastic green card for you then it is foolish for you to invest your hard earned money in real estate
mallu
02-16 01:50 AM
......
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
....
Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
Will a USCIS customer service rep be able to help us with this question :
"Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
....
Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
Will a USCIS customer service rep be able to help us with this question :
"Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .
blueyonder
05-02 09:02 PM
Dude Newtoearth,
Who are you actually .... you are waging a battle here ... have you guys not waged enough battle in SL and on the internet. Stop it pls .....
You are again proving the point the SL govt is trying to prove. Quit it man ... we all know that there is a Govt sponsored propaganda group trying to post and fight in every forum .. I seriously doubt you are one of them ... with a proxy ID for IV.
Stop it now man ... SL have spilt enough blood ... your posts suggest that the thirst for blood never ends ... either it be Sinhalese or Tamil.
Who are you actually .... you are waging a battle here ... have you guys not waged enough battle in SL and on the internet. Stop it pls .....
You are again proving the point the SL govt is trying to prove. Quit it man ... we all know that there is a Govt sponsored propaganda group trying to post and fight in every forum .. I seriously doubt you are one of them ... with a proxy ID for IV.
Stop it now man ... SL have spilt enough blood ... your posts suggest that the thirst for blood never ends ... either it be Sinhalese or Tamil.
