meridiani.planum
07-26 04:29 AM
OK, OK, easy with the optimism Vdlrao!:)
Eb India has almost always got more than its statutory limit in the recent past. So to say that the new developments will give us 20 yrs worth of visas is not correct based on the events of recent years.
good point. AFAIK only once in the last 8 yaers did EB2 India really get limited to ~3k. Every year it has been nearly 10x that number. Its just htat this has all been formalized now by USCIS. There is no sudden 10X change in visa allocation that people will see...
Eb India has almost always got more than its statutory limit in the recent past. So to say that the new developments will give us 20 yrs worth of visas is not correct based on the events of recent years.
good point. AFAIK only once in the last 8 yaers did EB2 India really get limited to ~3k. Every year it has been nearly 10x that number. Its just htat this has all been formalized now by USCIS. There is no sudden 10X change in visa allocation that people will see...
wallpaper Kate Moss has allegedly
TeddyKoochu
09-15 07:52 AM
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Friends looks like that there is a consensus that folks with 2005 will get their GC soon, all of you have stated that there are very few labors for this year. How do we divide the labors for 2006, if we give 50% of them to EB2 I then I believe that by Sep 2010 year 2006 should get cleaned out. Another point is how the spillover is allocated quarterly, annually or randomly (How do we explain EB2I going back to 01 Jan 2000 and then recovering back). Definitely a quarterly spillover will make predictions & life easier! Something to factor is EB2-C, EB2-I date has almost caught up, traditionally it stays 1 yr behind (EB2-I lags EB2-C) in the early part of the year, this could be huge factor if both catch up.
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Friends looks like that there is a consensus that folks with 2005 will get their GC soon, all of you have stated that there are very few labors for this year. How do we divide the labors for 2006, if we give 50% of them to EB2 I then I believe that by Sep 2010 year 2006 should get cleaned out. Another point is how the spillover is allocated quarterly, annually or randomly (How do we explain EB2I going back to 01 Jan 2000 and then recovering back). Definitely a quarterly spillover will make predictions & life easier! Something to factor is EB2-C, EB2-I date has almost caught up, traditionally it stays 1 yr behind (EB2-I lags EB2-C) in the early part of the year, this could be huge factor if both catch up.
prem_goel
05-29 03:45 PM
http://www.complaintsboard.com/complaints/cognizant-technology-solutions-private-limited-c17075.html
i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.
one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.
23 days ago by cts 0 Votes
how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.
one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.
23 days ago by cts 0 Votes
how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
2011 Stepping out in style: (from
kshitijnt
03-29 11:23 PM
I am not sure what vision Mr.Advani has for India. May be at this age he might have better vision than other people in the same league.
Lets not bring Age into the picture. Manmohan is not much younger either and has had 2 heart surgeries so far. Economy is not the PMs only job. The real power rests with Sonia and my personal opinion is that Advani is a lot more competent than her. Manmohan is just a mask of Congress. "Mukhvta".
Lets not bring Age into the picture. Manmohan is not much younger either and has had 2 heart surgeries so far. Economy is not the PMs only job. The real power rests with Sonia and my personal opinion is that Advani is a lot more competent than her. Manmohan is just a mask of Congress. "Mukhvta".
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sush
07-10 12:42 PM
excellent move.
hope you well buddy.
hope you well buddy.
PlainSpeak
03-24 10:37 AM
^^^
more...
carpediem
05-29 12:01 AM
That's really tough! I don't think I can keep the same job profile for 10 years. Neither can I form a start-up and have it sponsor my GC application.
The only hope might be to become a multinational executive really fast, or win the lottery and invest a million dollars in the US. :)
Guys I think it's time to go home, Swades style!
The only hope might be to become a multinational executive really fast, or win the lottery and invest a million dollars in the US. :)
Guys I think it's time to go home, Swades style!
2010 Kate Moss Pictures and News:
go_gc_way
08-16 01:16 PM
This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
May be this is not the forum , but as I saw this I was unable to stop my self from writing here...
With respect to every one, SRK is no comparision to Dr. Abdul Kalam
When I think of Dr. Abdul Kalam , all that comes to my mind is the unselfish life that he has dedicated to India. We all know , he is Great Scientist, Great Intellectual, Social Worker and a Great Indian. He is unmarried and still serving society after ex Presidency India..
I would not be worried of what happend to SRK..SRK is no comparision, rest is typical politics.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
May be this is not the forum , but as I saw this I was unable to stop my self from writing here...
With respect to every one, SRK is no comparision to Dr. Abdul Kalam
When I think of Dr. Abdul Kalam , all that comes to my mind is the unselfish life that he has dedicated to India. We all know , he is Great Scientist, Great Intellectual, Social Worker and a Great Indian. He is unmarried and still serving society after ex Presidency India..
I would not be worried of what happend to SRK..SRK is no comparision, rest is typical politics.
more...
Macaca
07-04 11:13 AM
"Immigration scandal goes unnoticed"
or "USCIS drama and tantrum to lessen workload"
or "Is this legal?"
or "Resignations due at USCIS"
or "Foul Play synonym USCIS Play"
Need more titles!
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
or "USCIS drama and tantrum to lessen workload"
or "Is this legal?"
or "Resignations due at USCIS"
or "Foul Play synonym USCIS Play"
Need more titles!
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
hair I love Kate Moss because of
salnarayan
10-27 12:02 AM
Greetings:
My EB-2 I-140 was approved with March 2006 as priority date and I had filed for I-485 on July 2007, and the approval is still pending. I do have an EAD and AP.
However, my EB-1 I-140 petition which I had filed on February 2007 got approved in September of 2008. Since I am from India there is retrogression for my EB-2petition, I want to apply for my I-485 through EB-1 since it is current.
Is it possible to transfer my EB-2 I-485 petition which I filed in July 2007 to the recently approved EB-1 petition or should I file a new I-485 petition again.
I thank you sincerely for your time and help
My EB-2 I-140 was approved with March 2006 as priority date and I had filed for I-485 on July 2007, and the approval is still pending. I do have an EAD and AP.
However, my EB-1 I-140 petition which I had filed on February 2007 got approved in September of 2008. Since I am from India there is retrogression for my EB-2petition, I want to apply for my I-485 through EB-1 since it is current.
Is it possible to transfer my EB-2 I-485 petition which I filed in July 2007 to the recently approved EB-1 petition or should I file a new I-485 petition again.
I thank you sincerely for your time and help
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Rb_newsletter
01-13 06:16 PM
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
haha I wonder if they understand that rule. If they did, then why are they asking for pay stubs for past 2 years?
haha I wonder if they understand that rule. If they did, then why are they asking for pay stubs for past 2 years?
hot Clone Kate: Model Kate seems
snathan
03-29 10:28 PM
(Though I would also like to see this forum used only for immigration matters..)
Thought of adding in few more points..
So what kind of visionary are you looking for.If we make the current govt's performance as a basis then is it someone like this:
One who questions existence of Rama , makes a success of Sethu samudram project pulling down Ram Sethu thus hitting the sentiments of the Hindus in the Hindu dominated land.
One who arrests Sankaracharya (both semior/junior acharyas)based on suspected conspiracy angle on Deepavali eve and holds him in Jail for 60 days , bringing interruption to the Chandramauleswar puja that has been consistently conducted in the Mutt for 2,500 years (it's another thing nothing was proved for almost 5 years now)
One who abuses Sadhvi Pragnya Thakur with evil intent to bring up something called Hindu terrorism,conduct 4 (not 1/2) narco tests apart from other unmentionable things.
One who overlooks the murder of Swami Laxmanananda Saraswati.
one who set's up conversion camps in Tirumala.
All of them state sponsored.
(On a side note:If Hindus' protest against these acts call them communal, it they don't call them spineless.
It's like Hindus in Hindu dominated land are damned if they do ,damned if they don't)
Well of course none of the Hindu's did anything when all these things were going on.It's another thing that they don't get any credit for their communal harmony kind of nature. Some how the de facto image has to be demonic Hindus who are in majority in India discriminate and hate minorities.)
Mumbai terror attacks, Controversial nuke deal, bomb blasts in 5/6 other cities.
All other candidates in the above poll will surely give some what better performance than this if made PM.
For those who don't know and who are backing Manmohan Singh he never contested any elecetion so far and he is also not fighting these elections.He is taking Rjay Sabha route again. Don't know at what gun point Sonia Gandhi is holding him but this guy actually wants to retire after having had so many major surgeries all his , one more recently.
Buzz is also that if UPA wins Manmhona singh will be made PM and after some time will be replaced with Rahul Gandhi.So it's all hog wash.
I am looking for a visionary who can bring Indians out of poverty, who can give good education, security, health care and good infrastructure. Who can save us from the unstable countries and aggressive China. I am not bothering whether Sankaracharya is in jail or not. How its going to affect a common man who is begging even for basic amenities.
Thought of adding in few more points..
So what kind of visionary are you looking for.If we make the current govt's performance as a basis then is it someone like this:
One who questions existence of Rama , makes a success of Sethu samudram project pulling down Ram Sethu thus hitting the sentiments of the Hindus in the Hindu dominated land.
One who arrests Sankaracharya (both semior/junior acharyas)based on suspected conspiracy angle on Deepavali eve and holds him in Jail for 60 days , bringing interruption to the Chandramauleswar puja that has been consistently conducted in the Mutt for 2,500 years (it's another thing nothing was proved for almost 5 years now)
One who abuses Sadhvi Pragnya Thakur with evil intent to bring up something called Hindu terrorism,conduct 4 (not 1/2) narco tests apart from other unmentionable things.
One who overlooks the murder of Swami Laxmanananda Saraswati.
one who set's up conversion camps in Tirumala.
All of them state sponsored.
(On a side note:If Hindus' protest against these acts call them communal, it they don't call them spineless.
It's like Hindus in Hindu dominated land are damned if they do ,damned if they don't)
Well of course none of the Hindu's did anything when all these things were going on.It's another thing that they don't get any credit for their communal harmony kind of nature. Some how the de facto image has to be demonic Hindus who are in majority in India discriminate and hate minorities.)
Mumbai terror attacks, Controversial nuke deal, bomb blasts in 5/6 other cities.
All other candidates in the above poll will surely give some what better performance than this if made PM.
For those who don't know and who are backing Manmohan Singh he never contested any elecetion so far and he is also not fighting these elections.He is taking Rjay Sabha route again. Don't know at what gun point Sonia Gandhi is holding him but this guy actually wants to retire after having had so many major surgeries all his , one more recently.
Buzz is also that if UPA wins Manmhona singh will be made PM and after some time will be replaced with Rahul Gandhi.So it's all hog wash.
I am looking for a visionary who can bring Indians out of poverty, who can give good education, security, health care and good infrastructure. Who can save us from the unstable countries and aggressive China. I am not bothering whether Sankaracharya is in jail or not. How its going to affect a common man who is begging even for basic amenities.
more...
house Style killer: Kate Moss#39; style
pitha
09-25 02:16 PM
Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.
A quarterly spill over is advantageous to every body in the playing field.
It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.
So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.
A quarterly spill over is advantageous to every body in the playing field.
It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.
So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.
tattoo Celebrity Style: Kate Moss in
samay
07-28 09:13 PM
Dear Sir,
This is my situation
1. Applied for H1B Extension on Jul-10-2007
2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
RFE: 1. client contract 2. last 2 yrs my tax return
3. After Reply to RFE no news from USCIS
4. Applied for Premium processing on Jul-14-2008
5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal
My Questions:
1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.
2. How can I expedite the H1B Process ? (already upgraded to PP)
3. If I get approval , do I need to go back to home country to get stamping?
Thanks for your time and help.
Regards,
watgc
You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.
This is my situation
1. Applied for H1B Extension on Jul-10-2007
2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
RFE: 1. client contract 2. last 2 yrs my tax return
3. After Reply to RFE no news from USCIS
4. Applied for Premium processing on Jul-14-2008
5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal
My Questions:
1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.
2. How can I expedite the H1B Process ? (already upgraded to PP)
3. If I get approval , do I need to go back to home country to get stamping?
Thanks for your time and help.
Regards,
watgc
You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.
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pictures Tags: kate · moss · grey
amsgc
07-03 11:31 PM
PLEASE HURRY !!!!!!!!!!!!!!!!!!!!!
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
Tikka,
Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?
Thanks
Ams
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
Tikka,
Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?
Thanks
Ams
dresses Corinne Day and Kate Moss
patiently_waiting
01-13 03:53 PM
makes the life very doomed.
more...
makeup I want to raid Kate#39;s wardrobe
tdasara
01-28 12:24 AM
http://classifieds.sulekha.com/clad.aspx?cid=1493579&nma=BOM
girlfriend My style inspiration: Kate
soljabhai
12-14 04:39 PM
Following text is from IV's about page
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. 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.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. 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.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
hairstyles Kate Moss stylin#39;
logiclife
06-28 07:37 PM
I think the folks who decided to file on their own are clearly the winners here because they have complete control over when the AOS gets filed. Folks like me who decided to go with the company law firm are clearly the biggest losers here because with all the added work load, the law firms are in complete disarray and can not guarantee anything about when the cases will be filed. The company law firm I am dealing with is in so much disarray that they have stopped taking phone calls and they wouldn’t even talk to me on the phone.
I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.
Like logiclife said, I wish I would have done it myself. Well .. too late now :(
I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.
Like logiclife said, I wish I would have done it myself. Well .. too late now :(
I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
amitjoey
01-13 04:14 PM
Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
mundada
12-13 02:00 PM
I think you have made a great argument. The original intention of diversity quota was to prevent people from certain European countries from becoming a dominant race in the US in 1920s.
However, the Civil Rights Act that protects national origin came into effect in 1964.
I am not a lawyer but have been taking business law course. I therefore believe if national origin discrimination is not allowed in the employment then unusually high (5 years) green card delays for certain nationalities is promoting national origin discrimination by detering employers from hiring people born in certain countries.
I think this argument will fly. I am not sure family based restrictions could be lifted but national origin quota restriction on employment and national origin non-discrimination in employment are definitely contradicting each other.
FYI:
TITLE VII of the 1964 CIVIL RIGHTS ACT (1964)
The protected classes: race, color, sex, religion & national origin. Employers with 15 or more employees. The most well known employment discrimination statute. Prohibits employment discrimination against the protected classes - race, color, sex, religion & national origin – in every aspect of employment, i.e. hiring, firing, promotion, training, working conditions, compensation, etc.
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
However, the Civil Rights Act that protects national origin came into effect in 1964.
I am not a lawyer but have been taking business law course. I therefore believe if national origin discrimination is not allowed in the employment then unusually high (5 years) green card delays for certain nationalities is promoting national origin discrimination by detering employers from hiring people born in certain countries.
I think this argument will fly. I am not sure family based restrictions could be lifted but national origin quota restriction on employment and national origin non-discrimination in employment are definitely contradicting each other.
FYI:
TITLE VII of the 1964 CIVIL RIGHTS ACT (1964)
The protected classes: race, color, sex, religion & national origin. Employers with 15 or more employees. The most well known employment discrimination statute. Prohibits employment discrimination against the protected classes - race, color, sex, religion & national origin – in every aspect of employment, i.e. hiring, firing, promotion, training, working conditions, compensation, etc.
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai