logiclife
06-28 04:29 PM
So, what did your lawyer say? Would sure love to know, once you hear back.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
wallpaper Justin Bieber and Selena Gomez
paskal
07-17 12:58 PM
Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?
this is not correct. ROW continues to get preference.
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
this is not correct. ROW continues to get preference.
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
GCard_Dream
02-12 02:15 PM
If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.
I wonder what kind of move we might see for eb3 -row next month.
Yeah, Tell me about it!!!
Just two more months and mine would have been current!!!!
I wonder what kind of move we might see for eb3 -row next month.
Yeah, Tell me about it!!!
Just two more months and mine would have been current!!!!
2011 Justin Bieber And Selena Gomez
prioritydate
07-24 08:40 AM
Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D
more...
Macaca
07-04 10:42 AM
I am developing a general framework in which you can plug in your own traumatic experience. The following is a good start. Please develop your own writeups.
From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams (at own cost of 150*2).Since we live in a small state with few doctors we drove 2 hours to a neighboring state to get them on time.
Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents back in India to collect their date of birth, place of birth information and completed the questionnaire.
Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd.
The following are very good points that need more polish! The main point here is that we really can not understand this CRAP wih all other things in life which Americans are not facing!
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries.
Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly referred as "Green card" will move ahead from its deep slumber.
From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams (at own cost of 150*2).Since we live in a small state with few doctors we drove 2 hours to a neighboring state to get them on time.
Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents back in India to collect their date of birth, place of birth information and completed the questionnaire.
Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd.
The following are very good points that need more polish! The main point here is that we really can not understand this CRAP wih all other things in life which Americans are not facing!
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries.
Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly referred as "Green card" will move ahead from its deep slumber.
Dhundhun
08-08 04:57 PM
My kids aged out. Is there any way they can take benefit of my immigration based on my PD? Otherwise, how can they benefit?
My daughter turns 21 in 2003
PD 03/10/2005
My son turns 21 in Apr 2005
I140 filed Oct 2006, approved Sep 2007
I485 Applied in Aug 2007
Thanks in anticipation.
--dhundhun
My daughter turns 21 in 2003
PD 03/10/2005
My son turns 21 in Apr 2005
I140 filed Oct 2006, approved Sep 2007
I485 Applied in Aug 2007
Thanks in anticipation.
--dhundhun
more...
engineer
07-08 12:33 AM
1) I am EB3 ROW and my PD is Nov 22, 2005. My I140 is approved and my 485 is filed with Receipt Date of Aug 3, 2007. I have approved AP, EAD and finger printing is complete as well.
Do you know how many EB3 ROW applications are ahead of me ?
I am trying to understand how long it will take me to get Green Card ?
2) What is the process to ask for information related to my case using Freedom of Information Act ?
Thanks,
Do you know how many EB3 ROW applications are ahead of me ?
I am trying to understand how long it will take me to get Green Card ?
2) What is the process to ask for information related to my case using Freedom of Information Act ?
Thanks,
2010 selena gomez justin bieber
minimalist
05-12 09:55 AM
You can paint it with any emotion but it still is the fact.
It is no diferent from the wat India dealt with extremism in Punjab.Until KPSGill stepped in,it kept raging. It is same as the way India trying to deal with Kashmir.
I am a non-immigrant in USA,sure. If I try to demand and bear arms to get a separate country here,definitely my life will be in danger.Should I expect India to come to my rescue?
Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.
It is no diferent from the wat India dealt with extremism in Punjab.Until KPSGill stepped in,it kept raging. It is same as the way India trying to deal with Kashmir.
I am a non-immigrant in USA,sure. If I try to demand and bear arms to get a separate country here,definitely my life will be in danger.Should I expect India to come to my rescue?
Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.
more...
nomi
09-29 11:00 AM
I got my Canadian PR and I have to land before 3/12/2007. My H1 B VISA STAMP expired on
8/30/2006. I got approval from another three years from USCIS but I need to go for visa stamping. I don`t want to go for US Visa stamping coz last time it took my one month for all background checks. I am avoiding for US Visa Stamping but I want to land in Canada in order to secure my Canadian PR.So any I use automatic revalidation provision of 22 CFR � 41.112(d) and come back with valid I-94 and without H1 B visa stamp from US consulate
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html#
Any one can help or guide me what is safe to do ?
Thanks
8/30/2006. I got approval from another three years from USCIS but I need to go for visa stamping. I don`t want to go for US Visa stamping coz last time it took my one month for all background checks. I am avoiding for US Visa Stamping but I want to land in Canada in order to secure my Canadian PR.So any I use automatic revalidation provision of 22 CFR � 41.112(d) and come back with valid I-94 and without H1 B visa stamp from US consulate
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html#
Any one can help or guide me what is safe to do ?
Thanks
hair justin bieber and selena gomez
snram4
01-24 03:51 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 have been observing JoeF's posts from different threads. I can say for sure he doesn't know what he is talking about. He is just another sadistic person like snram4 on this forum.
For instance JoeF says "he saw it coming" in reference to this memo. But the fact is, this memo is ILLEGAL. It has no legal base. Please refer to Murthy's latest newsletter. However members on murthy forum as well as you spicy_guy, thinks that JoeF is "knowledgeable". I am surprised to see that people who are here in this country for long believes all the BS that JoeF says.
I have been observing JoeF's posts from different threads. I can say for sure he doesn't know what he is talking about. He is just another sadistic person like snram4 on this forum.
For instance JoeF says "he saw it coming" in reference to this memo. But the fact is, this memo is ILLEGAL. It has no legal base. Please refer to Murthy's latest newsletter. However members on murthy forum as well as you spicy_guy, thinks that JoeF is "knowledgeable". I am surprised to see that people who are here in this country for long believes all the BS that JoeF says.
more...
hopefulgc
02-13 02:46 PM
Agreed ... lawsuits work. The links are very encouraging.
At the very least, we force them to respond & address the problem right away rather than just ignoring us like they have been doing all the time we have been lobbying.
In our case, the "outs" they have to make us go away are very convenient...
they would very likely agree to recapture.
Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:
At the very least, we force them to respond & address the problem right away rather than just ignoring us like they have been doing all the time we have been lobbying.
In our case, the "outs" they have to make us go away are very convenient...
they would very likely agree to recapture.
Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:
hot justin bieber selena gomez
sundarraj61
09-29 12:43 PM
Hi Kukitron and all,
I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94
Thanks
Sundar
I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.
Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,
I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying
I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94
Thanks
Sundar
I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.
Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,
I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying
more...
house Justin Bieber and Selena Gomez
snthampi
07-30 05:12 PM
Fake to you because you never had such a chance or courage in life. :D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
Well, I never had this type of GOLDEN chances. But, in the future, I will sure keep your advice in mind, when it comes to Amway/Qucikstar folks :D:D:D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
Well, I never had this type of GOLDEN chances. But, in the future, I will sure keep your advice in mind, when it comes to Amway/Qucikstar folks :D:D:D
tattoo justin bieber kisses selena
dilipcr
06-12 03:24 AM
dilipcr ....... I am perplexed by your responses. To be honest you are flip flopping in your statements. Now if you lose job, please do not come to India seeking a job as PIO. or dual citizen. Should India be also closing doors on her children who showed her backside?
Unseenguy,
I am fairly confident, touch wood, that I would not be dependent on India for a handout. I have paid my debts to the Indian society by investing in India. I did not graduate out of an IIT but I did graduate out of the 2nd best engineering college (atleast then) in Rajasthan, India. I am sure you guys would have guessed it by now. Just for the record, I had to pay full expensive tuition and my education was not subsidized. By my responsible style of life, I believe that I have become a self made man and so would hopefully be of material help but not a public burden to India. be rest assured !!!
Unseenguy,
I am fairly confident, touch wood, that I would not be dependent on India for a handout. I have paid my debts to the Indian society by investing in India. I did not graduate out of an IIT but I did graduate out of the 2nd best engineering college (atleast then) in Rajasthan, India. I am sure you guys would have guessed it by now. Just for the record, I had to pay full expensive tuition and my education was not subsidized. By my responsible style of life, I believe that I have become a self made man and so would hopefully be of material help but not a public burden to India. be rest assured !!!
more...
pictures house justin bieber and selena gomez selena gomez and justin bieber kissing
NKR
02-15 06:52 PM
For the most part I think you're right. When I did my master's we were less than 10 white people in 200 in that major. Most of the indian people in there (about half of the 190) were H4s studying while the spouse came on H1 directly from India. And while I had to pay international tuition they got the in state resident tuition.
When I finished my degree might I add in the top 5 of those 200 I had a hard time finding a job while my colleagues each knew someone who helped them land a job a lot easier. I did ok for myself in the end and I have many Indian friends so don't take this as an anti-indian post. But there are definitely advantages to be part of a big group that is concentrated in an industry.
That being said, I don't think that we would be having this discussion in a normal world in which the GC numbers are enough. So stop the bickering and work towards increasing those numbers. That will make life easier for everybody.
If the spouses are allowed to work, then their one or two years salary is more than the international fee that you paid. Who is the biggest loser.
H4 people going to college is just a miniscule compared to the number of desi students who come here with a good GRE and GMAT scores.
When I finished my degree might I add in the top 5 of those 200 I had a hard time finding a job while my colleagues each knew someone who helped them land a job a lot easier. I did ok for myself in the end and I have many Indian friends so don't take this as an anti-indian post. But there are definitely advantages to be part of a big group that is concentrated in an industry.
That being said, I don't think that we would be having this discussion in a normal world in which the GC numbers are enough. So stop the bickering and work towards increasing those numbers. That will make life easier for everybody.
If the spouses are allowed to work, then their one or two years salary is more than the international fee that you paid. Who is the biggest loser.
H4 people going to college is just a miniscule compared to the number of desi students who come here with a good GRE and GMAT scores.
dresses Selena Gomez and Justin Bieber
ugotdude
09-29 12:14 PM
I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.
Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,
I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying
Can you post the link to the automatic revalidation law link?
I want to take the print
Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,
I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying
Can you post the link to the automatic revalidation law link?
I want to take the print
more...
makeup dresses justin bieber selena
abhijitp
02-12 06:36 PM
No matter which side you are on, the quota system sucks. Period.
1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!
How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?
I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!
Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!
1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!
How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?
I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!
Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!
girlfriend Justin Bieber and Selena Gomez
unitednations
02-18 11:51 PM
I think we can make some very credible and good arguments for ourselves.
a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
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.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
I like it.
a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
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.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
I like it.
hairstyles Selena+Gomez in Justin Bieber
mundada
12-13 02:00 PM
I think you have made a great argument. The original intention of diversity quota was to prevent people from certain European countries from becoming a dominant race in the US in 1920s.
However, the Civil Rights Act that protects national origin came into effect in 1964.
I am not a lawyer but have been taking business law course. I therefore believe if national origin discrimination is not allowed in the employment then unusually high (5 years) green card delays for certain nationalities is promoting national origin discrimination by detering employers from hiring people born in certain countries.
I think this argument will fly. I am not sure family based restrictions could be lifted but national origin quota restriction on employment and national origin non-discrimination in employment are definitely contradicting each other.
FYI:
TITLE VII of the 1964 CIVIL RIGHTS ACT (1964)
The protected classes: race, color, sex, religion & national origin. Employers with 15 or more employees. The most well known employment discrimination statute. Prohibits employment discrimination against the protected classes - race, color, sex, religion & national origin – in every aspect of employment, i.e. hiring, firing, promotion, training, working conditions, compensation, etc.
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
However, the Civil Rights Act that protects national origin came into effect in 1964.
I am not a lawyer but have been taking business law course. I therefore believe if national origin discrimination is not allowed in the employment then unusually high (5 years) green card delays for certain nationalities is promoting national origin discrimination by detering employers from hiring people born in certain countries.
I think this argument will fly. I am not sure family based restrictions could be lifted but national origin quota restriction on employment and national origin non-discrimination in employment are definitely contradicting each other.
FYI:
TITLE VII of the 1964 CIVIL RIGHTS ACT (1964)
The protected classes: race, color, sex, religion & national origin. Employers with 15 or more employees. The most well known employment discrimination statute. Prohibits employment discrimination against the protected classes - race, color, sex, religion & national origin – in every aspect of employment, i.e. hiring, firing, promotion, training, working conditions, compensation, etc.
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
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.
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
No comments:
Post a Comment