gc28262
06-05 03:14 PM
Country cap was introduced with a racial intent. It was never meant for diversity.
Let us call country cap what it is : racism
Let us not fool ourselves by thinking it is meant for diversity.
Please refer the law that introduced country cap.
Please refer INA 1965
http://en.wikipedia.org/wiki/Immigra...ty_Act_of_1965 (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)
Highlights:
During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)
Let us call country cap what it is : racism
Let us not fool ourselves by thinking it is meant for diversity.
Please refer the law that introduced country cap.
Please refer INA 1965
http://en.wikipedia.org/wiki/Immigra...ty_Act_of_1965 (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)
Highlights:
During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)
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BharatPremi
09-24 06:35 PM
How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)
Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.
You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.
You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
thomachan72
01-14 09:16 AM
Hey smuggymba, I hope you did not misunderstand what I said. Hope you get the idea behind what I meant.
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angelfire76
01-14 03:38 PM
I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?
cinqsit
Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.
cinqsit
Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.
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abhisec
07-29 05:25 PM
I doubt it. My sense is that USCIS has already processed most of EB2-I cases until early 2004 - based on approval trend seen on IV, Murthy Forum, and a ton of personal friends. If it goes back it may go back to Fall 2004 time frame.
I hope you are right ;)
I hope you are right ;)
paskal
02-14 03:13 PM
Since the lawsuit is about the getting the lost visa numbers it will be a good case.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
the law does say that the GC numbers expire if unused.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
the law does say that the GC numbers expire if unused.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.
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mbawa2574
02-15 04:38 PM
Employers hire only based on talent, ROW people must have less marketable skills or not want to leave their countries and we need to teach the US on capitalist principles.
You are absolutely right, you didn't miss my point, you completely lost touch with reality.
People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?
I will say we are one. We can a fair system which allows skills to be a deciding cretaria for EB immigration not the country of origin. If you ask me I will say there should be no cap on total number of EB Immg. visas and no country of birth cap. You want equality so stop supporting discrimination first.
You are absolutely right, you didn't miss my point, you completely lost touch with reality.
People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?
I will say we are one. We can a fair system which allows skills to be a deciding cretaria for EB immigration not the country of origin. If you ask me I will say there should be no cap on total number of EB Immg. visas and no country of birth cap. You want equality so stop supporting discrimination first.
2010 -kristen-stewart-twilight
grupak
12-13 10:46 AM
Your suggestion seems interesting. Not a lawyer so absolutely no idea if it will fly.
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.jpg "Kristen, along with Robert")
samay
07-06 12:08 PM
Hello,
Could you tell at 140 level does a candidate needs to submit all the previous
H1 Approval notices.
I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009
Rajesh
Hello
We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
Could you tell at 140 level does a candidate needs to submit all the previous
H1 Approval notices.
I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009
Rajesh
Hello
We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
hair KRISTEN STEWART ON ELUDING THE
lipstickonuscis
09-23 12:24 PM
Nixtor,
I am wondering if they will be eligible for exemption too. I am sure some of us have already taken the risky plunge and bought a house.
I am wondering if they will be eligible for exemption too. I am sure some of us have already taken the risky plunge and bought a house.
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lazycis
02-14 12:19 PM
No one can prove that USCIS intentionally took decisions so that they waste the visas.
Well, I can prove it based on the recent name check memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
See also most recent Mocanu ruling
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
"USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "
Why should people suffer because of government screw up?
Well, I can prove it based on the recent name check memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
See also most recent Mocanu ruling
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
"USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "
Why should people suffer because of government screw up?
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h1techSlave
01-19 01:37 PM
You have made a good point. When you think about it, the lawyers are the only winners in the immigration mess.
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
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gceverywhere
09-23 12:57 PM
This initiative has my full support. Thanks Nixstor for coming up with a very innovative idea. While it is OK to expect for the system to not have this problem in the first place, the reality is that we have a HUGE problem in front of us.
We should all be very very concerned with what's going on in the financial market. If the bailout doesn't work then we will have a deep recession in front of ut. Do you REALLY think the govt. (Dem/Rep) will care about your green cards then?
Win-win strategy always works. To me, this idea presents a great win-win approach.
Nixstor,
I like the idea but I have one question. Have our lobbyists reviewed it and do they approve it?
We should all be very very concerned with what's going on in the financial market. If the bailout doesn't work then we will have a deep recession in front of ut. Do you REALLY think the govt. (Dem/Rep) will care about your green cards then?
Win-win strategy always works. To me, this idea presents a great win-win approach.
Nixstor,
I like the idea but I have one question. Have our lobbyists reviewed it and do they approve it?
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sounakc
07-22 01:27 PM
I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
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delax
07-25 09:47 AM
IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.
What you say can certainly happen, but I beleive that the pressure on USCIS is exponentially greater after last summer. People are watching their every step very closely. They got away with their inefficiency in prior years because the bottleneck was not USCIS - it was DOL that took a zillion years to clear labor petitions. Additionally the visa recapture of 2000 ensured no retrogression until 2005. Even after 2005 there were very few 485's to approve because of a) very low perm applications/approvals in 2005 and early 2006 and b) all the 2003/2004 labors were stuck in BEC's and were approved only in late 2006 or early 2007 (like yours truly - mine was actually an RIR but the BEC classified it as Traditional Recruitment and began recruiting for the position - but thats another story).
Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.
As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!
What you say can certainly happen, but I beleive that the pressure on USCIS is exponentially greater after last summer. People are watching their every step very closely. They got away with their inefficiency in prior years because the bottleneck was not USCIS - it was DOL that took a zillion years to clear labor petitions. Additionally the visa recapture of 2000 ensured no retrogression until 2005. Even after 2005 there were very few 485's to approve because of a) very low perm applications/approvals in 2005 and early 2006 and b) all the 2003/2004 labors were stuck in BEC's and were approved only in late 2006 or early 2007 (like yours truly - mine was actually an RIR but the BEC classified it as Traditional Recruitment and began recruiting for the position - but thats another story).
Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.
As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!
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hopefulgc
09-23 04:12 PM
or let me be the president of usa if i buy 10 houses.
Jokes apart.. i think nixtor's idea is worth pursuing.
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
Jokes apart.. i think nixtor's idea is worth pursuing.
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
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makeup Kristen, along with Robert
GCard_Dream
05-25 12:36 PM
Oh ya... you think the immigration fees in US are low. Wait till this bill takes effect and you have to pay 5000 dollars just to get a damn H1-B then you will know who charges more for immigration fees.
As it is the fee is 1500 hundred dollars which is not a joke for lot of people. We normally don't complain because employers pick up the tab. By the way this doesn't even include the lawyer's fee yet.
I mean how do people come up with things like these to say.
www.notcanada.com
Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.
As it is the fee is 1500 hundred dollars which is not a joke for lot of people. We normally don't complain because employers pick up the tab. By the way this doesn't even include the lawyer's fee yet.
I mean how do people come up with things like these to say.
www.notcanada.com
Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.
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eb2_mumbai
09-15 08:21 AM
Dude, we need to take into account the thousands of EB3 I -> EB2 I conversions :(
Its not as easy as you make it sound. If a person starts today for a new EB2 labor it will take least 1.5 years to get new I 140 approved. This is without any RFE at either stage. Considering today's environment where even simple H1 transfer has become a challenge it takes a really brave person to be playing with fire. Most consulting companies are not enthusiasitc about filing labors and fulltime companies have already said that they are getting too many responses to job advertisement so labor cannot be filed.
Add to that it takes least $7000 to file both labor and 140 in terms of expenses.
Its not as easy as you make it sound. If a person starts today for a new EB2 labor it will take least 1.5 years to get new I 140 approved. This is without any RFE at either stage. Considering today's environment where even simple H1 transfer has become a challenge it takes a really brave person to be playing with fire. Most consulting companies are not enthusiasitc about filing labors and fulltime companies have already said that they are getting too many responses to job advertisement so labor cannot be filed.
Add to that it takes least $7000 to file both labor and 140 in terms of expenses.
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iad2ead
07-21 12:15 PM
Two of my close friends be-friended me because of this..
Agree with earlier posting..desis stopped smiling and stopped saying Hi because of this..
Agree with earlier posting..desis stopped smiling and stopped saying Hi because of this..
hopefulgc
02-14 03:12 PM
I don;t have the necessary permissions to modify the poll. I have made a note of this so that moderators can ad it in.
Sorry.. i am just going through very busy days at work.
I am trying .. please don't hate me :)
hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.
I think someone should change the Poll question to -
Q) Do you commit to participate in a class action lawsuit against USCIS?
1) Yes. I am willing to commit $500
2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
3) Yes. I'm willing to commit $500 and become a plaintiff as well
4) No. I don't think it will work
It will make it clear to everyone voting 'Yes' what's expected of them.
Sorry.. i am just going through very busy days at work.
I am trying .. please don't hate me :)
hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.
I think someone should change the Poll question to -
Q) Do you commit to participate in a class action lawsuit against USCIS?
1) Yes. I am willing to commit $500
2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
3) Yes. I'm willing to commit $500 and become a plaintiff as well
4) No. I don't think it will work
It will make it clear to everyone voting 'Yes' what's expected of them.
Kushal
07-27 01:59 PM
Really... Millions... Have you checked the disclaimer in your lit pack under the 6-4-3 plan. A typical IBO makes $115 a month... Amway / BWW was forced to put this statement because of a lawsuit brought by Amway Diamonds and Double Diamonds... You can google...
I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...
By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...
May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...
I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...
This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..
Good luck!
I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.
I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...
By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...
May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...
I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...
This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..
Good luck!
I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.
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