vrbest
07-22 12:27 PM
Thank you for taking time to answer my question. my PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
wallpaper Big Sean announced his
swo
07-13 11:46 AM
My friend bought a house at the Elginton and Avenue in Toronto for $350K in 1998. The house is now worth $950K.
My sister bought a house in Markham in 2005 for $265K and it is now worth $325K. That's almost 20% in 3 years.
This must be the stagnant Canadian real estate market you are talking about.
The recent growth in the US real estate market is the highest escalation in US history. It is well recognized as a function of the earlier tech bubble and loan availability. Some people are also now expecting severe consequences econonically because of it. Housing is almost certainly likely to return to normal growth patterns moving forward.
By the way, todays headling on the money.cnn.com homepage is "Housing slump gets longer, and longer ..."
I'm done debating with someone that comes up with "symbolic examples", is unable to present a single coherent argument, unable to cite statistics, unable to even say they've lived in Canada.
Good Bless America. And Canada. And Australia. And India while we're at it!
That was a symbolic example. I meant to say that in Canada Housing is just meant housing not the investment. Here in capitalist market housing is never been a housing alone , prime motto to have housing is investment. If we might be debating this 3 years back on this forum ( In booming Real Estate market, yep, US GC Process was sucker then too :) ) you would not have anything against US real estate market to argue about. And that's the point. Housing market here too has cycles and if you wait out patiently you would have appreciation in a scale that normal Canadian may have to dream about.
And that is the point. If lending industry seems to be loosely controlled to you in the USA then yes there are ways to deal with it. You have to learn them. In Canada, in your terms, so called "Good loans" has kept Canadian economy "Welfare economy" only. To progress dynamically any country should have economy to be able to have kicks in, and USA market has that capacity. Today you are ranting about bad housing in USA... agreed, but seeing your signature, it seems that you never want to leave USA and with your claim "to love USA", I believe you will still be around here for years debating with me.. (wait, let me go grab a cup of cofee.:) .. I also need "Dynamic Kick" to debate with you) , I will be able to show you how much appreciation average american can have on average home. Did not you hear NPR yesterday? Housing market is coming back. Now housing is always the prime factor in any economy and so I choose that example. More or less it is true for every industry except oil in Canada. And mind that this forum is not to prove where the housing is better and so I do not want to go into minute statistical detail but most people in Canada and USA except yourself would agree with me.
My sister bought a house in Markham in 2005 for $265K and it is now worth $325K. That's almost 20% in 3 years.
This must be the stagnant Canadian real estate market you are talking about.
The recent growth in the US real estate market is the highest escalation in US history. It is well recognized as a function of the earlier tech bubble and loan availability. Some people are also now expecting severe consequences econonically because of it. Housing is almost certainly likely to return to normal growth patterns moving forward.
By the way, todays headling on the money.cnn.com homepage is "Housing slump gets longer, and longer ..."
I'm done debating with someone that comes up with "symbolic examples", is unable to present a single coherent argument, unable to cite statistics, unable to even say they've lived in Canada.
Good Bless America. And Canada. And Australia. And India while we're at it!
That was a symbolic example. I meant to say that in Canada Housing is just meant housing not the investment. Here in capitalist market housing is never been a housing alone , prime motto to have housing is investment. If we might be debating this 3 years back on this forum ( In booming Real Estate market, yep, US GC Process was sucker then too :) ) you would not have anything against US real estate market to argue about. And that's the point. Housing market here too has cycles and if you wait out patiently you would have appreciation in a scale that normal Canadian may have to dream about.
And that is the point. If lending industry seems to be loosely controlled to you in the USA then yes there are ways to deal with it. You have to learn them. In Canada, in your terms, so called "Good loans" has kept Canadian economy "Welfare economy" only. To progress dynamically any country should have economy to be able to have kicks in, and USA market has that capacity. Today you are ranting about bad housing in USA... agreed, but seeing your signature, it seems that you never want to leave USA and with your claim "to love USA", I believe you will still be around here for years debating with me.. (wait, let me go grab a cup of cofee.:) .. I also need "Dynamic Kick" to debate with you) , I will be able to show you how much appreciation average american can have on average home. Did not you hear NPR yesterday? Housing market is coming back. Now housing is always the prime factor in any economy and so I choose that example. More or less it is true for every industry except oil in Canada. And mind that this forum is not to prove where the housing is better and so I do not want to go into minute statistical detail but most people in Canada and USA except yourself would agree with me.
GetGC08
07-28 04:17 PM
Hello,
I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.
My I-140 is under EB2 India.
Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
It says :
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.
How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"
I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.
Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?
Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!
I will really appreciate your response.
Please reply me ASAP.
Thanks.
I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.
My I-140 is under EB2 India.
Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
It says :
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.
How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"
I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.
Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?
Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!
I will really appreciate your response.
Please reply me ASAP.
Thanks.
2011 house Stream: Big Sean “So
unitednations
02-19 12:20 AM
Since I am new to the boards; I don't know how much statistical analysis has been performed.
Here is some good material or ways to get the point across.
Following is hyperlink from OONET regarding stem positions.
http://online.onetcenter.org/find/stem/title?t=1&g=Go
Click on it and then pick a "on demand" profession and scroll to the bottom. At the bottom of each profession will have median salary; number of people doing the job in 2004 and projected need for the next 10 years.
-------------------------------------------------------------
Following is an excerpt for accountants:
Wages & Employment Trends
National
Median wages data collected from Accountants and Auditors.
Employment data collected from Accountants and Auditors.
Median wages (2004) $24.67 hourly, $51,310 annual
Employment (2004) 1,176,000 employees
Projected growth (2004-2014) Faster than average (21-35%)
Projected need (2004-2014) 486,000 additional employees
----------------------------------------------------------------
The IT jobs is broken down by manager, software engineer, programmer, etc., so a few numbers need to be added up.
-----------------------------------------------------------------
Go to americas job bank, careerbuilder, monster and type the in demand professions, ie., "software engineer". See how many postings there are. There will probably be duplicates between the different boards.
See if careerbuilder, ajb, monster, etc., will give you statistics on how many of those positions were filled.
----------------------------------------------------------------------
Try to see if you can get prevailing wage determination for eb2 positions across the country. I know off hand that an eb2 IT position in Edision is over $90,000; new hamshire is anywhere from $89,000 to $113,000; Austin, TX is about $106,000; Virigina is close to $106,000 (generally if it is bachelors plus five years of experience; it is in six digits or close to six digits).
-----------------------------------------------------------------------
The above will give a pretty good sense of the positions being sponsored; the salary levels, and the demand. Only thing missing is to correlate U.S. university graudates over the next 10 years and the gap between demand and supply of the skilled workers. Analysis has to be more facts then words and can't be too long winded.
Here is some good material or ways to get the point across.
Following is hyperlink from OONET regarding stem positions.
http://online.onetcenter.org/find/stem/title?t=1&g=Go
Click on it and then pick a "on demand" profession and scroll to the bottom. At the bottom of each profession will have median salary; number of people doing the job in 2004 and projected need for the next 10 years.
-------------------------------------------------------------
Following is an excerpt for accountants:
Wages & Employment Trends
National
Median wages data collected from Accountants and Auditors.
Employment data collected from Accountants and Auditors.
Median wages (2004) $24.67 hourly, $51,310 annual
Employment (2004) 1,176,000 employees
Projected growth (2004-2014) Faster than average (21-35%)
Projected need (2004-2014) 486,000 additional employees
----------------------------------------------------------------
The IT jobs is broken down by manager, software engineer, programmer, etc., so a few numbers need to be added up.
-----------------------------------------------------------------
Go to americas job bank, careerbuilder, monster and type the in demand professions, ie., "software engineer". See how many postings there are. There will probably be duplicates between the different boards.
See if careerbuilder, ajb, monster, etc., will give you statistics on how many of those positions were filled.
----------------------------------------------------------------------
Try to see if you can get prevailing wage determination for eb2 positions across the country. I know off hand that an eb2 IT position in Edision is over $90,000; new hamshire is anywhere from $89,000 to $113,000; Austin, TX is about $106,000; Virigina is close to $106,000 (generally if it is bachelors plus five years of experience; it is in six digits or close to six digits).
-----------------------------------------------------------------------
The above will give a pretty good sense of the positions being sponsored; the salary levels, and the demand. Only thing missing is to correlate U.S. university graudates over the next 10 years and the gap between demand and supply of the skilled workers. Analysis has to be more facts then words and can't be too long winded.
more...
gomirage
06-15 06:26 PM
dilipcr,
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
Now you have reeally scared Dilipcr !!! lol
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
Now you have reeally scared Dilipcr !!! lol
vkrishn
07-21 02:38 PM
Wow. Nice to see so many Bay area folks with bad experience. When i moved to Folsom, CA from Arizona in 2005 and knew no one at Folsom, I was in a Indian grocery store buying stuff and this guy comes to me and starts talking to me nicely.. At that point i did not know about this Amway Crap and infact stayed at the same apartment complex where i was staying. he invited me for tea and started talking about how to beocme your own boss etc.. Thats about it. I politely told him i am not interested and unfortuantely i gave him phone number at that time just to keep in touch and with the only reason not to be rude. He Kept on calling me 2-3 times in a week over two weeks and had to literally be very blunt and really rude to stop harassing me! Thats the end of it.
I met a person at Great Mall in the Bay area at Bath and Body works and i did not even give him a sec to start his pleasantires. He had a blank look on his face when i told him that if you are befriending me to join you about Amway, I will go to the Police right now that you are stalking me. He left me immediatly. :)
One of the complaints i have heard from my other friends that if they go to a new place and try to make friends , the locals think of them as related to Amway and was also rightly pointed in this thread.
I met a person at Great Mall in the Bay area at Bath and Body works and i did not even give him a sec to start his pleasantires. He had a blank look on his face when i told him that if you are befriending me to join you about Amway, I will go to the Police right now that you are stalking me. He left me immediatly. :)
One of the complaints i have heard from my other friends that if they go to a new place and try to make friends , the locals think of them as related to Amway and was also rightly pointed in this thread.
more...
Macaca
01-17 06:32 PM
This kind of attitude will not help to acheive your goal.
Using abusive words will do more harm than any benefit.
This is open source (http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503132#503132). And this is their ghetto.
Will post more urls here if I get time.
Using abusive words will do more harm than any benefit.
This is open source (http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503132#503132). And this is their ghetto.
Will post more urls here if I get time.
2010 the scenes for Big Sean. pappu
msp1976
02-18 12:33 PM
I value Mr Unitednations posts as he provides us with the opposing point of view. That is absolutely critical. It would help us strategize and plan.
This has been a very valueable thread. It would be very nice if something positive can result from this. (I can't think of anything. Help me out if you can.)
I agree that his arguments are valuable...
And I believe that those must be countered point to point...
You see... our target membership audience consists of very intelligent people..They come to this site and read UnitedNations arguments...If they accept those arguments ... what would be the net result.???...They would just go away....It gets directly in the way of our efforts.....
That is the reason for this whole shoot out.....
This has been a very valueable thread. It would be very nice if something positive can result from this. (I can't think of anything. Help me out if you can.)
I agree that his arguments are valuable...
And I believe that those must be countered point to point...
You see... our target membership audience consists of very intelligent people..They come to this site and read UnitedNations arguments...If they accept those arguments ... what would be the net result.???...They would just go away....It gets directly in the way of our efforts.....
That is the reason for this whole shoot out.....
more...
sroyc
02-14 11:59 AM
I was watching an episode of the BBC series - Planet Earth where people involved in the conservation and protection of the tiger and other endangered animals were lamenting about how difficult it is for the intellectuals to convince those living close to these animal habitats to help in conservation when they are not able to feed their children and are affected by the tiger killing farm animals.
This is not exactly similar to the ROW Vs India/China debate. I'm definitely not implying that ROW applicants are not intellectuals. The gist of what I've learnt from that episode was that we cannot push for removal of per country quotas without significantly speeding the processing times for everyone. I have no doubt that the per country quota is unfair to people from countries with large populations simply because we are representing ourselves and not our countries here. (We have been bracketed according to the country of birth in order for USCIS to enforce the current immigration laws.) But at the same time, we'll lose the much required support of ROW members if our approach is to unload a few years of our misery on them.
With so many people stuck in the backlog, we definitely need a one-time fix to flush the queue before we can lobby for removal of per country quotas.
This is not exactly similar to the ROW Vs India/China debate. I'm definitely not implying that ROW applicants are not intellectuals. The gist of what I've learnt from that episode was that we cannot push for removal of per country quotas without significantly speeding the processing times for everyone. I have no doubt that the per country quota is unfair to people from countries with large populations simply because we are representing ourselves and not our countries here. (We have been bracketed according to the country of birth in order for USCIS to enforce the current immigration laws.) But at the same time, we'll lose the much required support of ROW members if our approach is to unload a few years of our misery on them.
With so many people stuck in the backlog, we definitely need a one-time fix to flush the queue before we can lobby for removal of per country quotas.
hair new song My Last Big Sean
WFGC2006
04-04 02:06 PM
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
The current rule is that: in order to maintain your PR, you have to be physically in Canada for two years in any 5 year period (to apply citizenship, 3 years consecutively). So technically you are still fine if you are on your 3rd year working in the U.S. after landing date (which is the date you enter into the border using the immigration visa granted).
If you have the maple card in hand, there is absolutely nothing to worry about. However, if you are like me who got out of CA and came back to the US after landing without securing the card, there are still ways. The maple card is only needed for re-entry if you take a commercial flight or a commercial bus. However, if you drive your own vehicles and cross the border, then you only need your landing document ("the white paper"). Another option is to apply so-called "Travel Document" through CA consulate in the U.S. But be prepared that the official will grill you for your intention because he/she knows that 1) you are exploring the loophole of CA immigration law and use your PR status as the fall-back plan for your dashed American dream; 2) it's their duty to deny your visa if they determine that you will not be able to fulfill the residency requirement ("2 out of 5 year" rule) ONCE YOU ENTER CA (this is some rule open to abuse as basically the official determines what you WILL do in the future).
Anyone who know abt this, please respond.
The current rule is that: in order to maintain your PR, you have to be physically in Canada for two years in any 5 year period (to apply citizenship, 3 years consecutively). So technically you are still fine if you are on your 3rd year working in the U.S. after landing date (which is the date you enter into the border using the immigration visa granted).
If you have the maple card in hand, there is absolutely nothing to worry about. However, if you are like me who got out of CA and came back to the US after landing without securing the card, there are still ways. The maple card is only needed for re-entry if you take a commercial flight or a commercial bus. However, if you drive your own vehicles and cross the border, then you only need your landing document ("the white paper"). Another option is to apply so-called "Travel Document" through CA consulate in the U.S. But be prepared that the official will grill you for your intention because he/she knows that 1) you are exploring the loophole of CA immigration law and use your PR status as the fall-back plan for your dashed American dream; 2) it's their duty to deny your visa if they determine that you will not be able to fulfill the residency requirement ("2 out of 5 year" rule) ONCE YOU ENTER CA (this is some rule open to abuse as basically the official determines what you WILL do in the future).
more...
Kushal
07-27 02:45 PM
So you think Murthy folks are wrong ? BTW, attorney Khanna also says the same.
You should first learn that there are different type of 1099. The one you get for Stocks and Investment include 1099-B, 1099-INT, 1099-DIV. Your Amway bosees will not inform you about these as they want your money.
If you lawyer has said that you are OK with this unauthorized business I suggest -- change your lawyer.
Yes it is 1099-INT. "Amway bosses will not inform you..?..anuthorized?"...why don't you check your own braincells. Nobody is boss of anyone. Every business owner receives a proper TAX form with all declarations every year. Neither Murthy/Khanna/ or any corporate law offices are wrong. You should talk to them explicitly before commenting.
Your sorry ass has lot of excuses. Don't open your mouth on things you don't know.
You should first learn that there are different type of 1099. The one you get for Stocks and Investment include 1099-B, 1099-INT, 1099-DIV. Your Amway bosees will not inform you about these as they want your money.
If you lawyer has said that you are OK with this unauthorized business I suggest -- change your lawyer.
Yes it is 1099-INT. "Amway bosses will not inform you..?..anuthorized?"...why don't you check your own braincells. Nobody is boss of anyone. Every business owner receives a proper TAX form with all declarations every year. Neither Murthy/Khanna/ or any corporate law offices are wrong. You should talk to them explicitly before commenting.
Your sorry ass has lot of excuses. Don't open your mouth on things you don't know.
hot images Big Sean - So Much More
unitednations
02-14 11:49 AM
Is there any proof that there are even are unused visas? I find this topic a rather moot point.
With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.
With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.
Am I just totally missing the point?!
It is an important topic.
Reason is:
2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.
How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?
What is impact by eliminating the 7% limit
What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.
For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.
With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.
With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.
Am I just totally missing the point?!
It is an important topic.
Reason is:
2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.
How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?
What is impact by eliminating the 7% limit
What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.
For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.
more...
house New Song: Big Sean- So Much
cthd
07-30 01:56 AM
Everytime I visit walmart @ mountain view, can find a guy asking direction to nearest Home Depot. Everytime i come across him, he asks me the same question.
I am planning to carry google maps print out next time I go there.
I am planning to carry google maps print out next time I go there.
tattoo Check out this new Big Sean
Abhinaym
01-13 01:45 PM
Just more ways to perpetuate their buereaucracy and make the lives of legal immigrants (and non-immigrants) tougher.
Almost every rule these stupid agencies make is against small businesses.
Almost every rule these stupid agencies make is against small businesses.
more...
pictures Big Sean is a relatively new
BharatPremi
12-13 01:22 PM
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
I am not a lawyer. Here is my understanding as a lay man:
What is constitution?
A: At some point of time, group of people, with having confidence from
majority of people, with a centralizing tone of some common
philosophy/ethics, create the framework of regulations with a goal to make
society orderely, to make sure that common good of people remains
prevalent and maintained and assures the penalty for deed done agianst
common good and breaking the common order of the society. Wise ones,
accepting the limit of individual capabilities, understanding the different
needs of the society at different time, keep windows opened to improve
the "base" constitution with making sure all checks and balances do not
allow the misuse and hecnce the word "Amendment/s" have the existence.
Now there has to be some base ground when base consitution is prepared.
What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
(if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))
Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).
Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?
So bootmline: If at all constitution is permitting "per country based ceilings" then
we will have to fight to change that because it is not right.
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
I am not a lawyer. Here is my understanding as a lay man:
What is constitution?
A: At some point of time, group of people, with having confidence from
majority of people, with a centralizing tone of some common
philosophy/ethics, create the framework of regulations with a goal to make
society orderely, to make sure that common good of people remains
prevalent and maintained and assures the penalty for deed done agianst
common good and breaking the common order of the society. Wise ones,
accepting the limit of individual capabilities, understanding the different
needs of the society at different time, keep windows opened to improve
the "base" constitution with making sure all checks and balances do not
allow the misuse and hecnce the word "Amendment/s" have the existence.
Now there has to be some base ground when base consitution is prepared.
What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
(if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))
Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).
Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?
So bootmline: If at all constitution is permitting "per country based ceilings" then
we will have to fight to change that because it is not right.
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sath2000
07-17 04:33 PM
Hi,
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
more...
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PlainSpeak
01-13 04:06 PM
now i'm sure that u'r gcperm.... welcome back....
So i was right GCPerm was kicked out of this forum for being EB3 ................
Tell me something Ron . In you opinion what would freak out all the guys more and again
- If I am GCPerm
- If I am NOT GCPerm
Let me know which so that i will agree to be the opposite and then hopefully the guys will calm down or not freak out more. A whole day with the guys here on IV and i am feeling like i took care of 20 bawling, crying children for the complete time. I am not sure i can do that for another day.
Just between you and me I am not GCPerm but shhhhhhhhh don't tell anyone anything or it might lead to another round of slugfest.
So i was right GCPerm was kicked out of this forum for being EB3 ................
Tell me something Ron . In you opinion what would freak out all the guys more and again
- If I am GCPerm
- If I am NOT GCPerm
Let me know which so that i will agree to be the opposite and then hopefully the guys will calm down or not freak out more. A whole day with the guys here on IV and i am feeling like i took care of 20 bawling, crying children for the complete time. I am not sure i can do that for another day.
Just between you and me I am not GCPerm but shhhhhhhhh don't tell anyone anything or it might lead to another round of slugfest.
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unitednations
02-13 03:21 PM
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
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fide_champ
08-17 11:17 AM
You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.
And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:
This is just a case of another innocent civilian getting affected for no reason. SRK has travelled to US many times and USCIS has his finger print and knows who he is. Still just bcs his last name was khan, they found reason to interrogate him for 2 hours. I just don't see any logic in what they did. We are not saying they should not have all these security checks but it should be consistent and should have some meaning.
And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:
This is just a case of another innocent civilian getting affected for no reason. SRK has travelled to US many times and USCIS has his finger print and knows who he is. Still just bcs his last name was khan, they found reason to interrogate him for 2 hours. I just don't see any logic in what they did. We are not saying they should not have all these security checks but it should be consistent and should have some meaning.
senthil1
06-26 12:42 PM
I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time
What I noticed is these kind of roumor comes from those who already filed and got their receipts :D :D
Isn't it??? ;)
Mid month retrogression is possible acc to Murthy but that may not happen in July
Everything is a speculation here. USCIS is the winner - always keeps us guessing.
Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.
What I noticed is these kind of roumor comes from those who already filed and got their receipts :D :D
Isn't it??? ;)
Mid month retrogression is possible acc to Murthy but that may not happen in July
Everything is a speculation here. USCIS is the winner - always keeps us guessing.
Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.
rajesh_kamisetty
07-10 02:25 PM
Changed my mind. Updated my message. I appreciate your defense.
please dont speak on behalf of everyone....speak for urself....and do us a favor...did all those folks from AP came to you and suggested that they can only breathe,live and die in usa....congratulations...you just became eligible to join the elite club of stereotypes with your narrow minded mentality........thankx...
please dont speak on behalf of everyone....speak for urself....and do us a favor...did all those folks from AP came to you and suggested that they can only breathe,live and die in usa....congratulations...you just became eligible to join the elite club of stereotypes with your narrow minded mentality........thankx...
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