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  • oguinan
    02-15 09:14 PM
    Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.

    Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.

    I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.

    I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.





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  • bfadlia
    02-16 12:33 PM
    There may be truth in it. But not completely so. There are are lot of well qualified and experienced people. But there may be frauds too.



    Again it is a mixture of all kind of types coming through the consultants.
    So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
    So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.


    mallu, i appreciate the rational arguments you made. But still a lot here falls under "yes we agree bodyshop practices are unfortunate, but let's pretend it has no concequences and it never harmed anybody" That is wrong.. I would hear time and again from ROW friends who land lucritive job offers here but when it's time to apply for H1 they fail because a handful of big bodyshops consume tens of thousands of visas for the exclusive offering in their homeland.. then we hear people now ask the remaining ROWs who managed to stay here against big odds to take another one for the team and help alleviate the problem of the big lines these bodyshops created and claiming this is for the sake of fairness and equality.

    i still see other posts with nothing but barking.. ok let it be, we can't do without those who have nothing to offer other than that.





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  • h1techSlave
    09-23 03:32 PM
    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......


    Actually you are right that such a proposal is not fair. But putting country quota is also not fair, when we are talking about EB GCs. And like you said, BECs were also not fair. So the whole EB thingie is pretty badly messed up. We are suggesting the Congress a way (an unfair way) to get out of this mess.





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  • amulchandra
    01-23 09:29 PM
    This is old link but talks about immigration fraud by some consulting firms.

    http://pressherald.mainetoday.com/news/immigration/060924immigmain.html

    amulchandra



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  • vparam
    01-23 05:16 PM
    http://news.mainetoday.com/updates/008785.html



    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.





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  • smuggymba
    07-27 01:08 PM
    We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.

    your response?

    gave u green just for this statement.



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  • Jungle_Cat
    02-14 02:37 PM
    $25 for intial consultation....If there is a solid ground to go forward,am there for this movement.





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  • gopinathan
    07-28 08:19 PM
    not true fellow ex-IBO. you will be surprised as how many others are there. we (desis) have a special section for ourselves ofcourse :)

    .... Unfortunately, a big number of people who are involved in this biz are Desis.

    How can you ask personal questions to someone you don't know and just met? I can't comprehend it.



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  • bfadlia
    02-16 02:57 PM
    I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.

    For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.


    bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
    u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
    again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
    peace.. have a soccer game now.. c u later





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  • snathan
    01-16 01:40 PM
    Accepting regulations does not mean to prevent Indians to come here. I can tell many examples. There are many bodyshoppers get h1B and make the persons to sit on bench in India or USA. I know some persons come here 1 year after getting h1b. But many reputed companies those who are real need of people could not get H1b as Cap was reduced. Putting restrictions on on bodyshoppers will improve H1b usage and wastage can be eliminated. And will make h1b program legitimate.

    If you like the regulation please go ahead and follow that regulation. We are scrabling to find the legal solution here. Why you waste your time in something which you dont believe. YOu are unnecessarily deviating from the topic. Please ignore this thread if you dont believe in the cause.



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  • kevinkris
    02-12 01:44 PM
    Can anyone explain me..





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  • alisa
    06-28 08:35 PM
    June 28, 2007
    USCIS: RUMORS OF EARLY VISA RETROGRESSION

    Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.

    Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.

    If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.

    We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.

    The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available

    Folks.
    It might be a cruel joke that USCIS plays on us.
    They can do whatever they want.

    For heaven's sake, lets just accept it, and hope for the best.



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  • imh1b
    01-13 01:07 PM
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf





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  • mbawa2574
    02-15 04:38 PM
    Employers hire only based on talent, ROW people must have less marketable skills or not want to leave their countries and we need to teach the US on capitalist principles.
    You are absolutely right, you didn't miss my point, you completely lost touch with reality.
    People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?

    I will say we are one. We can a fair system which allows skills to be a deciding cretaria for EB immigration not the country of origin. If you ask me I will say there should be no cap on total number of EB Immg. visas and no country of birth cap. You want equality so stop supporting discrimination first.



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  • msp1976
    02-18 12:37 PM
    I differ with you again, my friend.
    The main reason(s) behind less mobilization is this. Pappu described this on a different thread.

    1) Ignorance about the true nature of the problem
    People like you and I don't know that without a change in the laws, they won't get their greencards for another 10-20 years.

    2) Lack of faith and understanding of the system
    People like you and I, once they know that they are getting screwed, think that the situation is hopeless. They don't understand that the merits of our case (you alluded to them in your previous posts, the demographic shift due to the baby boomers retiring requires skilled labor in this country), is sufficient to warrant a sympathetic ear to us in the congress. We CAN freaking get out of the mess we are in.

    We have to accept these two problems. And then we have to address them. How do we do that? Thats the big question.


    I respect your opinion ...but I refuse to believe that people are ignorant...





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  • walking_dude
    02-14 02:51 PM
    Life's not simple. It's not A or B. It's usually A and B that succeeds. Like I mentioned in an earlier post going ahead with option A (lawsuit) closes option B ( meetings and negotiations).

    Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.

    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?



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  • nomi
    09-29 02:59 PM
    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping


    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    You can apply anytime for Canadian PR. It has nothing to do with H1 or any other US Visa or status.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping

    You have to live two years in Canada in order to get your Canadian
    Citizenship.





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  • lahiribaba
    10-09 05:32 PM
    china an economic superpower..;-)..good joke..

    China is not a superpower economically? you must be still in your 1980s time capsule ... in a few years China will definitely have as much economic clout as US...and FYI there domestic consumption is now big enough to sustain them.

    It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....

    Yes immigration is not about economy only but a vibrant economy is the direct result of infusion of more skilled human resouces. Since you are in a self imposed time capsule my friend let me remind you it is not about being a melting pot anymore it is about being the salad bowl where everyone preserves their own identities yet affirms to a common goal. It is prehistoric to still not link vibrancy of economy with immigration. Like President Bush said "When immigrants assimilate and advance in our society, they realize their dreams, they renew our spirit, and they add to the unity of America.
    ".. It is time that folks adjusts themselves to the new world reality.

    every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:


    I did not recall mentioning anything about your favourite fairy tale of a goose and a butcher and some eggs. My point is that this economy can be fixed by letting the aspirations of legal immigrants run free which include setting up businesses , raising families , buying house etc. Yes the GC is a way to free those aspirations.


    i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:

    Well it is upto someone to see the glass half empty or half full. There are lot of people who is of the opinion that it is a great time to buy .. buy low sell high .. that is the mantra.

    btw..thanks for those red dots..

    No freaking idea what you are talking about.





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  • soma
    02-14 03:34 PM
    If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...

    same thing crossed my mind too...then how does the letter campaign help(I sent my letters too)!!





    Beemar
    03-28 01:38 AM
    Yeh shadi nahin ho sakti!!!

    widower zardari will be marrying kumari mayawati just after election to unite subcontinent and bring peace to world.





    unseenguy
    04-01 01:48 AM
    Why don't you guys go to some 'INDIAN_POLITICAL_VOICE.ORG' forum?

    This is immigration form and people from all over the world are the members.
    Don't spam them.


    Moderators, please delete this thread.

    Has anyone asked you to read this? You clicked on the link yourself. If you are not interested in this thread, why dont you read something else instead of giving a hollow suggestion.



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