akred
02-15 08:31 PM
According to the UN resolution immigration and naturalization laws do not constitute "racial discrimination" by definition. The quota based system does discriminate against people from China and India. But the law as originally established did not intend to do this.
Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.
Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.
wallpaper Bruce Springsteen
kumar1305
01-13 03:35 PM
Does it mean that people who are working with consulting companies are going home soon?
Ok, then first consulting guys will go then they may take some other crap to send everybody home?
What is going to happen now?
I work for client and I do not say that sending consulting guyz will benefit me. But I'm just curious as to what would the next few such steps to send out all the H1bs from this country.
Ok, then first consulting guys will go then they may take some other crap to send everybody home?
What is going to happen now?
I work for client and I do not say that sending consulting guyz will benefit me. But I'm just curious as to what would the next few such steps to send out all the H1bs from this country.
angelfire76
05-31 06:03 PM
whatever the case may be, until there is a VISA recapture we are not going to get our GC's anytime soon. Please admit this fact.
What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)
US works when there is big money involved... otherwise nothing would move here...
Just my thoughts.
Recently I was on a flight from Delhi to Mumbai and the guy next to me was a former RBI employee. I asked him as to why the Indian govt. is not doing anything about the billions of USD left behind by Indians returning to India in the form of SSA and Medicare taxes, to which he replied that the obstacle to a treaty as stated by the US govt. is that India does not have a system comparable to Soc. Security and Medicare for distribution of money to it's retirees.
Such a pact was apparently considered in 2006, but went nowhere due to disagreement about how the Indian govt. will track money distribution and administer the program.
What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)
US works when there is big money involved... otherwise nothing would move here...
Just my thoughts.
Recently I was on a flight from Delhi to Mumbai and the guy next to me was a former RBI employee. I asked him as to why the Indian govt. is not doing anything about the billions of USD left behind by Indians returning to India in the form of SSA and Medicare taxes, to which he replied that the obstacle to a treaty as stated by the US govt. is that India does not have a system comparable to Soc. Security and Medicare for distribution of money to it's retirees.
Such a pact was apparently considered in 2006, but went nowhere due to disagreement about how the Indian govt. will track money distribution and administer the program.
2011 Springsteen#39;s 6th album was
prinive
02-12 01:16 PM
I dont think so....:o If that happens, I will send you a bag of sugar to you... :rolleyes:
September 2001 will be current next month for sure ...
September 2001 will be current next month for sure ...
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samay
07-29 10:36 AM
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
leoindiano
08-17 06:22 AM
read the comments here,
The Buzz Log - The Shah Rukh Khan incident - Yahoo! Buzz (http://buzz.yahoo.com/buzzlog/92914?fp=1)
you will see what damage mr. selef-centered dumbie did with his stupid comments.....
The Buzz Log - The Shah Rukh Khan incident - Yahoo! Buzz (http://buzz.yahoo.com/buzzlog/92914?fp=1)
you will see what damage mr. selef-centered dumbie did with his stupid comments.....
more...
garybanz
12-14 11:58 AM
"The SC concluded that the statutory discrimination within the class of aliens is permissible."
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
2010 Bruce Springsteen Album Cover
snathan
08-18 12:42 AM
I would rather discuss about Dr Koelhe than SRK:
Extraordinary Indians: The doctor who charges only Rs 2: Rediff.com news (http://news.rediff.com/slide-show/2009/aug/17/slide-show-1-extraordinary-indians-ravindra-koelhe.htm)
Let us close this unnecessary thread....
Thanks for sharing this info...
Extraordinary Indians: The doctor who charges only Rs 2: Rediff.com news (http://news.rediff.com/slide-show/2009/aug/17/slide-show-1-extraordinary-indians-ravindra-koelhe.htm)
Let us close this unnecessary thread....
Thanks for sharing this info...
more...
vivid_bharti
04-20 08:05 PM
Several Websites(Not RSS/VHP) says Christians are 6% now, Muslims are certainly more than 17-18% as millions of Bangladeshi Infiltirators are unaccounted. It is very evident from the fact as Muslim Votes are the deciding factor in the almost most areas of NorthEast, UP, Bihar & West Bengal and that is the only reason, Samajwadi Party & Congress start the Babri Maszid rhetoric just before elections. As most of the posts I see here problem most people have with congress is their Defacto presidentship to the Nehru Dynasty, without counting their contribution to the country. Corruption in media to cover the family from day to night without holding them responsible for all the mess they have created for India in last 60 years. I would have had no problem with Manmohan Singh if he had ruled our country independently, if "Rahul Gandhi" and "Priyanka Gandhi" & "Sonia Gandhi" had to look into the mirror before endorsing him..They completely made a mockery of our democracy by putting puppets in PM's Office, President's office, CEC, CBI and what not. I wish It was Narsimha Rao or a Self Respectful leader who could stand tall infront of the dynasty, but Manmohan Singh sold himself... A quick fact check : Muslims are about 13.5% and christians are about 2% of india's population. So instead of 30% of india belonging to these two groups per your numbers, it is actually closer to 15%. Right wing extremists group use these exagerrated numbers to drive more gullible people into their communal parties. But you get those numbers from VHP/RSS. Check it tomorrow and it could be close to 40% !
It is religious freedom, not religious conversion. And thanks for enlightening us about the global plan to decimate indians by racking up numbers on their side. Are all of the indians coming to US have a similar plan because I am not aware of it.
Spreading fear and hatred using lies and stoking communal feeling to get votes is nothing new. Seeing educated people do it with such fervour is new.
It is religious freedom, not religious conversion. And thanks for enlightening us about the global plan to decimate indians by racking up numbers on their side. Are all of the indians coming to US have a similar plan because I am not aware of it.
Spreading fear and hatred using lies and stoking communal feeling to get votes is nothing new. Seeing educated people do it with such fervour is new.
hair A new Bruce Springsteen album
Karthikthiru
06-28 08:26 AM
http://www.shusterman.com/pdf/aila-cis-vb.pdf
Karthik
Karthik
more...
lazycis
02-14 05:17 PM
Another prove of government misconduct is violation of regulations
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
hot Bruce Springsteen amp; The E
lazycis
02-13 02:37 PM
http://www.ailf.org/lac/lac_lit_030402a.asp
WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.
Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.
The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.
If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.
Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.
The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.
If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
more...
house BRUCE SPRINGSTEEN.
garybanz
12-14 02:35 PM
I still dont see any discrimination on the existing laws. The number of visas divided equally to all countries.
Why not divide equally across all races? or all kind of jobs? or different ages? or color of eyes? ...left hand right hand? Yankee fans and red sox fans?
Why not divide all the jobs in USA equally among some of the above categories?
EEO does not say take the total pool of jobs and divide it exactly equally among all the race, color, religion, sex, and national origin or for that matter any of the categories I mentioned. EEO says every one gets an equal shot at the job.
Do you understand the discrimination now?
Why not divide equally across all races? or all kind of jobs? or different ages? or color of eyes? ...left hand right hand? Yankee fans and red sox fans?
Why not divide all the jobs in USA equally among some of the above categories?
EEO does not say take the total pool of jobs and divide it exactly equally among all the race, color, religion, sex, and national origin or for that matter any of the categories I mentioned. EEO says every one gets an equal shot at the job.
Do you understand the discrimination now?
tattoo Bruce Springsteen recently
apb
09-24 02:36 AM
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
more...
pictures Cover Bruce Springsteen#39
ivar
08-15 10:16 PM
-- Deleted ---
dresses of Bruce Springsteen#39;s
alisa
07-04 01:02 PM
Which of the above are not needed for dependents?
I think we are trying to come up with too much details.
I would suggest putting together a short message, with links to detailed news reports, press releases etc.
But something short and catchy that captures the essence of what happened. And says that it hurt people.
And please, when you come up with a draft for lawmakers, do mention that their response would be shared with others in the employmentbased community through online public forums.
Just my two cents....
I think we are trying to come up with too much details.
I would suggest putting together a short message, with links to detailed news reports, press releases etc.
But something short and catchy that captures the essence of what happened. And says that it hurt people.
And please, when you come up with a draft for lawmakers, do mention that their response would be shared with others in the employmentbased community through online public forums.
Just my two cents....
more...
makeup BRUCE SPRINGSTEEN: MAGIC
bayarea07
07-27 07:28 PM
Kushal,
Still waiting for your reply and your tax returns for previous years as you promised :-)
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
Still waiting for your reply and your tax returns for previous years as you promised :-)
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
girlfriend Bruce Springsteen - Magic
paskal
12-13 06:46 PM
unless someone has some concrete information to convince me otherwise.
the visa lottery has not been discontinued, CIR 2007 would have done that- if it had seen the light of day. dems will never let it go if they control things. pubs hate it on the other hand..
the visa lottery has not been discontinued, CIR 2007 would have done that- if it had seen the light of day. dems will never let it go if they control things. pubs hate it on the other hand..
hairstyles ruceSpringsteen.jpg
desi3933
06-16 02:53 PM
Dilip -
Could you please respond to questions raised in my post, when you get a chance?
I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.
You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.
I don't think it matters, but I am from college based in Kharagpur WB.
Have a good day!
........
........
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
......
Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.
As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.
I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.
Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.
.
Could you please respond to questions raised in my post, when you get a chance?
I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.
You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.
I don't think it matters, but I am from college based in Kharagpur WB.
Have a good day!
........
........
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
......
Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.
As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.
I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.
Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.
.
gc28262
01-13 07:20 PM
Here is why this memo has come up
MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009
The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.
Further Guidance for USCIS Adjudicators is Coming
Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.
Of course these are just appetizers for H1B holders on Senator Grassley's menu.
Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.
MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009
The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.
Further Guidance for USCIS Adjudicators is Coming
Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.
Of course these are just appetizers for H1B holders on Senator Grassley's menu.
Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.
vamsi_poondla
02-15 03:34 PM
I dont understand the whole point of discussion here ... What does the IV Senior Members think about this , The idea of a lawsuit to capture the loss immigrant visas, is not against USCIS, its against the system. Infact the USCIS should be on our side, as per the USCIS Ombudsman, Mr .
Atleast we should try , discussing and cribbing on the forum wont help.
Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.
Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.
Atleast we should try , discussing and cribbing on the forum wont help.
Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.
Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.
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