thomachan72
08-19 08:19 AM
I'm not from India, so you know how non-Indian will look at this issue.
First of all, thanks to IV for helping our cause.
Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.
Have several question:
1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
IO: Why are you visiting US?
SRK: Do you know that I'm SRK?
IO: Who do you work for?
SRK: I'm SRK, now let me pass.
IO: Where will you live in US?
SRK: I'm SRK
IO: How long have you been in US?
SRK: I'm SRK
IO: Do you have family here?
SRK: I'm SRK
And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.
This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.
My friend this is the greatest post ever. A real eye opener. But remember that it is through threads like these that you get to see the "real" Indian ideals. I am very sad to say that most of us Indians are screwed up with this idol worship. The conversation between SRK and IO that you put out is exactly true. I know a friend of mine who was waiting in line for the visa interview and ofcourse he is a megalomaniac (world revolves around him). He saw (or imagined) the visa officer talking tough to a women who apparently did not understand english right in front of him and decided he has to be the mesiah (savior). He jumped in and tried to save the women. Ultimately he was denied the visa and ofcourse he later met the women outside who was smiling because she had been granted one. that is why your conversation makes very good sense here. "I am SRK":D:D:D
First of all, thanks to IV for helping our cause.
Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.
Have several question:
1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
IO: Why are you visiting US?
SRK: Do you know that I'm SRK?
IO: Who do you work for?
SRK: I'm SRK, now let me pass.
IO: Where will you live in US?
SRK: I'm SRK
IO: How long have you been in US?
SRK: I'm SRK
IO: Do you have family here?
SRK: I'm SRK
And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.
This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.
My friend this is the greatest post ever. A real eye opener. But remember that it is through threads like these that you get to see the "real" Indian ideals. I am very sad to say that most of us Indians are screwed up with this idol worship. The conversation between SRK and IO that you put out is exactly true. I know a friend of mine who was waiting in line for the visa interview and ofcourse he is a megalomaniac (world revolves around him). He saw (or imagined) the visa officer talking tough to a women who apparently did not understand english right in front of him and decided he has to be the mesiah (savior). He jumped in and tried to save the women. Ultimately he was denied the visa and ofcourse he later met the women outside who was smiling because she had been granted one. that is why your conversation makes very good sense here. "I am SRK":D:D:D
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gc_on_demand
09-14 03:41 PM
What are the hopes for individuals who missed Jul 07. In my case my labor got approved in Oct 07 and we are still waiting for the date to be current to be able to file for EAD / AP. Based on the figures that you show, I believe that all 2006 people should get cleared in the coming year and the traffic for 2007 & 2008 is quite less. What are the predictions for the PD movement till year end?
Your PD will be current by Sep 2010. Or if you are lucky you may get GC by that time.
If you get GC donate to IV.
Your PD will be current by Sep 2010. Or if you are lucky you may get GC by that time.
If you get GC donate to IV.
ragz4u
02-06 02:25 PM
http://www.murthy.com/news/n_endsub.html
2011 Justin Bieber and Selena Gomez
qplearn
10-04 10:37 AM
Desi companies are to blame but not always.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.
A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.
A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.
more...
Kushal
07-27 07:15 PM
Absolutely. To amway guys:- No means NO/NOT INTERESTED.. PERIOD.. I don't care whether you were flipping burgers or dream to become a millionaire. Do it yourself . Just don't harass people. Next time you will be arrested if you harass people.
Nobody harassing anyone. You are doing it to yourself. If you are not interested why would they bother you?
Arrested?? make me laugh...please go ahead.
Nobody harassing anyone. You are doing it to yourself. If you are not interested why would they bother you?
Arrested?? make me laugh...please go ahead.
Caliber
09-04 09:25 PM
CHANDUV23 THE TERRORIST:
It is easy to locate him in New York and give his details to FBI to check his links to underworld, VHP terrorists, and all other things. Your wife is doing residency. Right??
Hang on, you will be caught before you got GC and will be deported.
Dealsnet: You do not even know if "_Truefacts" is Chandu or not. Do not assume. It will make an ass of you.
Why are you talking about family? Shall we also start bashing your family? Shall we start? Are you ready?
It is easy to locate him in New York and give his details to FBI to check his links to underworld, VHP terrorists, and all other things. Your wife is doing residency. Right??
Hang on, you will be caught before you got GC and will be deported.
Dealsnet: You do not even know if "_Truefacts" is Chandu or not. Do not assume. It will make an ass of you.
Why are you talking about family? Shall we also start bashing your family? Shall we start? Are you ready?
more...
dilipcr
06-11 11:49 PM
People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.
1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.
My Proposal
1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.
If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.
I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.
By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers
1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.
My Proposal
1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.
If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.
I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.
By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers
2010 tattoo house Justin Bieber and
WaitingForMyGC
07-11 03:22 PM
I have already booked my one way tickets back to India for this December. If my priority does'nt become current by than, I am done here.
more...
fall2004us
07-21 01:19 PM
I have had my own experiences with these stalkers, one time I ran into a guy in Walmart and he asked "are you from south India" blah blah....then he asked me "do you have my phone number", I told him "I just met you and how do u expect me to have ur number".....then he asked my #, I gave him my old land line which was disconnected, he called immediately saying that he is giving his # to me, the call did'nt go through, he asked me why? I told him straight on the face to stop this amway business deals with me, he just ignored and rushed to another aisle.
As others said, if some desi smiles and talks to you (which is rare) the first thing you think is that he is from amway......:D
As others said, if some desi smiles and talks to you (which is rare) the first thing you think is that he is from amway......:D
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Lasantha
12-14 03:45 PM
Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
more...
alisa
01-28 11:22 AM
Is this the reason the PDs don't move forward?
How many pre-approved labors are there?
I mean, if they got hundreds of thousands of pre-approved labors, the PDs will not more for a long long time......
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
How many pre-approved labors are there?
I mean, if they got hundreds of thousands of pre-approved labors, the PDs will not more for a long long time......
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
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anai
06-26 04:22 PM
Read in the middle of the page....
"Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"
Hope this help
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)
"Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"
Hope this help
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)
more...
house Selena Gomez and Justin Bieber
dallasdude
06-12 04:11 PM
Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.
has anyone else heard the same?
That's extremely wonderful news. thanks for sharing.
has anyone else heard the same?
That's extremely wonderful news. thanks for sharing.
tattoo Justin Bieber and Selena Gomez
_TrueFacts
09-04 11:00 AM
What you have mentioned is the only good thing Mr. Backstabbing Naidu did. rest of AP is like Hell except Hyd... Govt employees pensions on the
Timberlake,
I am not denying that during CBN�s tenure there was no corruption. You pointed out that there were some developments, like software industry.
But for you, any politician is a politician and you can live corruption. My picking on YSR does not mean I support CBN.
What YSR did, from a common man�s perspective: I am benefited, why should I care how the rest of the world, AP and India goes? But he doesn�t realize that, once he comes out his house, it�s all corruption, killings, land grabbing.
Yes, allocation of lands for SEZ�s was started by CBN and YSR gave it a new color by inc fictitious corporations and started getting free land in the name of those SEZ�s everywhere in AP.
Timberlake,
I am not denying that during CBN�s tenure there was no corruption. You pointed out that there were some developments, like software industry.
But for you, any politician is a politician and you can live corruption. My picking on YSR does not mean I support CBN.
What YSR did, from a common man�s perspective: I am benefited, why should I care how the rest of the world, AP and India goes? But he doesn�t realize that, once he comes out his house, it�s all corruption, killings, land grabbing.
Yes, allocation of lands for SEZ�s was started by CBN and YSR gave it a new color by inc fictitious corporations and started getting free land in the name of those SEZ�s everywhere in AP.
more...
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Keeme
03-31 10:05 AM
Kancha Ilaya(Sonia appointed ) is being allowed by the Indian Government to lobby with the UN and US Congress so that caste discrimination in India is taken-up by these bodies. (Indians on their own have come a long way in reducing these caste discrimination but alas these people won't want that dying)It shouldn't be any surprise if we see bunch of International articles on India's disgusting caste issues soon.
Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .
This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.
British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.
Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.
There are 2 ways you have to be in Indian politics. Bottom-to-top and Top-to-bottom. Sanjay Dutt, Murli Devra's son, Rajesh Pilot's son, MadhavRao SIndhia's son are some good example of Top-to-bottom. They can be MPs and MLAs but again can't go in heart of general public. Many of them would have short tem political life. Mamta Benergee, Mayavati, Mulayam, lalu, Narendra Modi, Sharad Yadav and many others are example of bottom-to-top.
Rahul Gandhi doesn't want to be labeled as top-to-bottom. It won't last long.
Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .
This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.
British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.
Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.
There are 2 ways you have to be in Indian politics. Bottom-to-top and Top-to-bottom. Sanjay Dutt, Murli Devra's son, Rajesh Pilot's son, MadhavRao SIndhia's son are some good example of Top-to-bottom. They can be MPs and MLAs but again can't go in heart of general public. Many of them would have short tem political life. Mamta Benergee, Mayavati, Mulayam, lalu, Narendra Modi, Sharad Yadav and many others are example of bottom-to-top.
Rahul Gandhi doesn't want to be labeled as top-to-bottom. It won't last long.
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software7
05-31 07:06 PM
this pending I485 applications include dependents
more...
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Marphad
05-18 10:44 AM
Oh Yeah? Says who? You? and made you the boss?
So you mean to say we have to listen to imposter like you who is roaming around in immigration forum with chargeability as United States? There could be only 2 reasons for this:
1. You want to use fake profile to spread non-sense rumours and un-necessary posts.
2. You are anti-immigrant.
In both cases I want to show you door. Have a nice day buddy. Now please leave.
So you mean to say we have to listen to imposter like you who is roaming around in immigration forum with chargeability as United States? There could be only 2 reasons for this:
1. You want to use fake profile to spread non-sense rumours and un-necessary posts.
2. You are anti-immigrant.
In both cases I want to show you door. Have a nice day buddy. Now please leave.
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HumJumboHathuJumbo
09-23 04:00 PM
are you sure that 5882 is dead ??? in that case, I agree lets do this on a major scale ...we don't have to say accurately how many people have not bought the house ...lets say 80% of legal high paying immigrants are not buying because they don't have a GC ..(I did not read the prev threads in detail ..but I guess we need to include everyone ..and not just those who have not yet taken the plunge ..as that is more realistic) ....
this is not realistic! how will uscis validate your home buying?. do we submit house deeds with I-485 or send the deed later?.
this is not realistic! how will uscis validate your home buying?. do we submit house deeds with I-485 or send the deed later?.
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hopefulgc
02-14 03:38 PM
damn.. lazycis you are good... its a winning precedent.
would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
:)
---------------------------
Originally Posted by lazycis View Post
"Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124
See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.
would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
:)
---------------------------
Originally Posted by lazycis View Post
"Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124
See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.
geesee
07-30 09:59 AM
When people with PD June 15 2006 will get the greencard???
after the people with PD Nov 27 2004 gets it :D
after the people with PD Nov 27 2004 gets it :D
at0474
12-13 11:35 AM
Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
--I think, per country quota system was framed with diversification as underlying principle, not discrimination.
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
--I think, per country quota system was framed with diversification as underlying principle, not discrimination.
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
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