gude.ravi
10-10 09:03 AM
I agree. This is one of the good ideas to do. Most of the people can afford to buy a home in this down market. This idea is better than being badly treated by bad employers.
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Wendyzhu77
07-16 06:24 PM
what are you smoking today??
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.
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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gc28262
05-31 10:17 PM
WOW... what a logic... what does Indian Govt. has to do with this money when this is taken out of my pay cheque.
When I take this money back to India I probably would end up paying some taxes on it... not sure what the logic is behind this... (again I do not undertsand the full details behind it).
I think this is a requirement from US government that countries that need a SSA agreement with US needs to have a Social Security system.
Asking our SSA and Medicare back is a good strategy which will benefit us one way or other.
1. We will have an option of claiming our money back if we decide to return.
2. US gov will be forced to come up with a solution for our eternal wait for GC as US cannot afford to lose so much money from SS and Medicare funds.
When I take this money back to India I probably would end up paying some taxes on it... not sure what the logic is behind this... (again I do not undertsand the full details behind it).
I think this is a requirement from US government that countries that need a SSA agreement with US needs to have a Social Security system.
Asking our SSA and Medicare back is a good strategy which will benefit us one way or other.
1. We will have an option of claiming our money back if we decide to return.
2. US gov will be forced to come up with a solution for our eternal wait for GC as US cannot afford to lose so much money from SS and Medicare funds.
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Macaca
01-28 04:53 PM
USCIS was trying to abolish this substitution. The lawyer lobby opposed it.
How do lawyers benefit from it? Thanks.
How do lawyers benefit from it? Thanks.
GC_sufferer
07-03 09:27 PM
We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.
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BharatPremi
05-16 06:12 PM
Both Tamils and Singalese are our people. They migrated to Lanka about 2-3 thousand years back. Now the fighting is for stamping authority to rule one over the other.
2000 years back most of the south India speaks Tamil/Dravidian language. Malayalam is a new language made from Sanskrit and Tamil.
No one is sure who migrated to Lanka first. Tamils are still in India, so poeple think they migrated and now making a fight with the foreign country. It is wrong. See the links below to see the Singalese miration details.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
2000 years back most of the south India speaks Tamil/Dravidian language. Malayalam is a new language made from Sanskrit and Tamil.
No one is sure who migrated to Lanka first. Tamils are still in India, so poeple think they migrated and now making a fight with the foreign country. It is wrong. See the links below to see the Singalese miration details.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
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eb3India
11-11 09:10 PM
I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.
At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.
This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .
simple question, given an opportunity, where someone offer you sub labour with PD prior to 2001 does any one here reject the offer, this is a classic story of "ship of crabs from ...."
we have much bigger fish to fry than worry about few smart crabs getting out of ship.
sub labour is not illegal nor it is a loop hole, itz a simple deal between employer and employee for their own benifit.
letz focus our effort on making new congresss and senate understand our situation and provide some relife thru bills such as SKILL.
At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.
This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .
simple question, given an opportunity, where someone offer you sub labour with PD prior to 2001 does any one here reject the offer, this is a classic story of "ship of crabs from ...."
we have much bigger fish to fry than worry about few smart crabs getting out of ship.
sub labour is not illegal nor it is a loop hole, itz a simple deal between employer and employee for their own benifit.
letz focus our effort on making new congresss and senate understand our situation and provide some relife thru bills such as SKILL.
more...
vikki76
05-11 01:27 AM
E3 visa is not enough reason to move to Australia.If ultimate decision is to come back to US ,then Canada is a better choice.
Lot of couples are there who are both on H1-B visa here, their GC plight is also same
Lot of couples are there who are both on H1-B visa here, their GC plight is also same
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sachug22
09-17 11:06 AM
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.
Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.
In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.
Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.
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lotsofspace
02-13 11:59 AM
I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
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lazycis
02-14 03:49 PM
Here is my 2 cents on this
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
Can you cite a provision of the INA that unused EB numbers cannot be reused? There is a provision that DV lottery number expire at the end of a fiscal year. The absence of such provision for EB numbers proves that Congress did not want to prevent recapture of EB or famili-based numbers. Moreover, such recapture happened several times in the past. Plus, check Galves v. Howerton ruling a few pages back.
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
Can you cite a provision of the INA that unused EB numbers cannot be reused? There is a provision that DV lottery number expire at the end of a fiscal year. The absence of such provision for EB numbers proves that Congress did not want to prevent recapture of EB or famili-based numbers. Moreover, such recapture happened several times in the past. Plus, check Galves v. Howerton ruling a few pages back.
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dealsnet
09-04 05:26 PM
Now I think new people are running IV.
Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
tattoo 0904136 Date: 10/13/2009
alisa
02-15 02:13 AM
How would letting "people" know that there is a problem help? The only people that matter are politicians.
I dont' mean people in general. I mean people like you and I.
Average Joe is probably not googling 'retrogression' as he enjoys his baby back ribs.
People like you and I are.
It would increase membership. Which would increase funding. Which would enable us to lobby more. Which will have a greater chance of success.
From Einstein's famous equation:
membership+funding+lobbying+patience = chance of success
Anything else = Absolute failure.
I dont' mean people in general. I mean people like you and I.
Average Joe is probably not googling 'retrogression' as he enjoys his baby back ribs.
People like you and I are.
It would increase membership. Which would increase funding. Which would enable us to lobby more. Which will have a greater chance of success.
From Einstein's famous equation:
membership+funding+lobbying+patience = chance of success
Anything else = Absolute failure.
more...
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Michael chertoff
07-17 08:43 AM
Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.
I am sorry pappu.
MC
I am sorry pappu.
MC
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greenguru
07-16 06:54 PM
Hi vdlrao
Could you please shed more light and your calculations on EB3 - I
Would be of great help if you could give some pointers atleast.
Thanks
Could you please shed more light and your calculations on EB3 - I
Would be of great help if you could give some pointers atleast.
Thanks
more...
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logiclife
06-28 06:59 PM
My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....
What a nightmare these current dates on July bulletin are turning out to be. Instead of feeling relaxed, I am frustrated. I wish I had fired my lawyer the day the bulletin came out and done everything myself. I could have been ready now with fedex packets. The thing is, you dont want to start picking fights with everyone especially when the lawyer is not even hired by you but hired by company's HR department. So I kept quiet and was prepared to see my application go out on the 25th. And now, after denying that "it wont happen, it wont happen", all the lawyers are suddenly doing a flip-flop and saying "Oh, by the way, anything can happen". WTF ???
ARRGHHHHGGGHHH !!!!!!!!!!!!!
What a nightmare these current dates on July bulletin are turning out to be. Instead of feeling relaxed, I am frustrated. I wish I had fired my lawyer the day the bulletin came out and done everything myself. I could have been ready now with fedex packets. The thing is, you dont want to start picking fights with everyone especially when the lawyer is not even hired by you but hired by company's HR department. So I kept quiet and was prepared to see my application go out on the 25th. And now, after denying that "it wont happen, it wont happen", all the lawyers are suddenly doing a flip-flop and saying "Oh, by the way, anything can happen". WTF ???
ARRGHHHHGGGHHH !!!!!!!!!!!!!
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django.stone
06-15 02:05 PM
dilip,
i am not debating you point of view, in fact i agree that with the darwinism concept and hope the down economy brings gc to good & talented folks. your rollercoaster ride was from Mar 2001 to May 2003, about 2 yrs. in the current scenario people are waiting for 8+ years and most of them like myself at least 3 yrs. the situation is indeed different this time around with labor substitution, L1, porting etc. causing delays for earlier people, that's why you see more venting this time around.
i am not debating you point of view, in fact i agree that with the darwinism concept and hope the down economy brings gc to good & talented folks. your rollercoaster ride was from Mar 2001 to May 2003, about 2 yrs. in the current scenario people are waiting for 8+ years and most of them like myself at least 3 yrs. the situation is indeed different this time around with labor substitution, L1, porting etc. causing delays for earlier people, that's why you see more venting this time around.
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software7
05-31 07:06 PM
this pending I485 applications include dependents
walking_dude
02-13 02:11 PM
Most of these settlement suits were fought by organizations like American Baptist Churches, Catholic Church Services, AILF etc. Meaning, organizations which have a strong steady stream of revenue (unconnected to the lawsuit). Participants didn't have to pay any money out of pocket. And the organizations didn't have to raise money for the lawsuit.
IVs case will be different
1) Significant amount of funds will need to be raised. It will hamper other IV activities such as legislative and executive lobbying as contributions will get diverted. It will be hard to raise another 30k to lobby for adding IV provisions to any upcoming bill, if we are already in the middle of a 50k lawsuit.
2) We need to have a large number of plaintiffs ready to put their names on court papers. These plaintiffs also need to pay money for their participation.
Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:
USCIS Settlement Notices and Agreements
American Baptist Churches v. Thornburgh (ABC) Settlement Agreement
Barahona-Gomez v Ashcroft
CSS
LULAC (Newman)
Ngwanyia v Gonzalez (Asylee Adjustment Case)
Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania
Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service
Proyecto San Pablo v INS
Ramos v Chertoff (02 C 8266, Northern District, Illinois)
Walters v Reno
Settlement Agreement Signed! Details available by clicking here. --2/9/05
IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).
If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00
IVs case will be different
1) Significant amount of funds will need to be raised. It will hamper other IV activities such as legislative and executive lobbying as contributions will get diverted. It will be hard to raise another 30k to lobby for adding IV provisions to any upcoming bill, if we are already in the middle of a 50k lawsuit.
2) We need to have a large number of plaintiffs ready to put their names on court papers. These plaintiffs also need to pay money for their participation.
Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:
USCIS Settlement Notices and Agreements
American Baptist Churches v. Thornburgh (ABC) Settlement Agreement
Barahona-Gomez v Ashcroft
CSS
LULAC (Newman)
Ngwanyia v Gonzalez (Asylee Adjustment Case)
Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania
Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service
Proyecto San Pablo v INS
Ramos v Chertoff (02 C 8266, Northern District, Illinois)
Walters v Reno
Settlement Agreement Signed! Details available by clicking here. --2/9/05
IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).
If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00
unseenguy
08-17 02:40 PM
Please, they do not pull aside every 'Khan' in the world. Yes, things seem OTT every now and then with an amount of drunken patriotism -- and you may come across an occasional "Voldemort" from the INS. However, can you place blame solely on homeland security? We live in a global world / economy of nearly 6 billion and every day visitors with trade of varied kind - surely you cannot expect the avg Joe at homeland security to know every zero talented b'wood hero out there?! I'd also urge you to look at the brighter side of the coin - of the various programs in place to have African Muslims, Arabs and the Iraqis being moved into the US, by giving them jobs, homes and permanent resident status. Likewise with Afghans, and the visa diversity program. These folks have names like Abdul, Osama, Khalid and Khan. So please, tone down the b'wood inspired sensationalism - view things in context.
When you choose to visit America or any foreign nation, national security & well being override celebrity status - period.
Now, I find it interesting, whilst detained at EWR, Shahrook Khan called the Indian Media in 'protest'. Perhaps positive PR for his new movie - 'My name is Khan' that's apparently about racial profiling in America ..hmmm?! Alright, now that is talent. Unethical, perhaps, nevertheless, talent, I think.
I just have to say one thing about you. You were born with a slave mentality in a third country. Its been passed to you from generations. You will go any length to prove your masters are fair and honest and its not your fault. You never experienced free, your own country by your own admission. So stop blabbering and justifying your masters, we dont buy it.
When you choose to visit America or any foreign nation, national security & well being override celebrity status - period.
Now, I find it interesting, whilst detained at EWR, Shahrook Khan called the Indian Media in 'protest'. Perhaps positive PR for his new movie - 'My name is Khan' that's apparently about racial profiling in America ..hmmm?! Alright, now that is talent. Unethical, perhaps, nevertheless, talent, I think.
I just have to say one thing about you. You were born with a slave mentality in a third country. Its been passed to you from generations. You will go any length to prove your masters are fair and honest and its not your fault. You never experienced free, your own country by your own admission. So stop blabbering and justifying your masters, we dont buy it.
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