anands26
02-13 04:11 PM
I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
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eastindia
01-12 10:07 AM
Please refer to this link
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.dol.gov/dol/topic/discrimination/immdisc.htm)
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation (aka I-485 approval).
If you don't agree with this, I would suggest spending $200 with an attorney to get initial consultation and get the answer to enlighten yourself.
___________________
Not a legal advice.
I agree with you.
Country limits is a law. A court has to follow the law. Court does not decide if the law is fair or unfair.
If you want to change the law, go to congress.
BUT SOME PEOPLE HAVE TOO MUCH MONEY TO THROW AWAY TO LAWYERS.
And whats with big lawyer names? Just because a lawyer has a website and writes on a website, does not mean he is a big lawyer. Look beyond the marketing of lawyers and see their skills, track record and genuine concern for your long wait. You are asking the same lawyers to help you whose bread and butter comes because you are applicants in a long line.
Highly educated innocents!
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.dol.gov/dol/topic/discrimination/immdisc.htm)
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation (aka I-485 approval).
If you don't agree with this, I would suggest spending $200 with an attorney to get initial consultation and get the answer to enlighten yourself.
___________________
Not a legal advice.
I agree with you.
Country limits is a law. A court has to follow the law. Court does not decide if the law is fair or unfair.
If you want to change the law, go to congress.
BUT SOME PEOPLE HAVE TOO MUCH MONEY TO THROW AWAY TO LAWYERS.
And whats with big lawyer names? Just because a lawyer has a website and writes on a website, does not mean he is a big lawyer. Look beyond the marketing of lawyers and see their skills, track record and genuine concern for your long wait. You are asking the same lawyers to help you whose bread and butter comes because you are applicants in a long line.
Highly educated innocents!
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sjpg
07-19 09:40 AM
Hi sjpg,
did u recieve the 485 receipt number as you are the only one who have send 485 with a cover letter till now.
Please update us, it would really help us.
Thanks.
i did not receive my 485 receipt yet. However my attorney went ahead and has shipped a copy of approved I140 with a request for USCIS to associate it with my AOS application.
did u recieve the 485 receipt number as you are the only one who have send 485 with a cover letter till now.
Please update us, it would really help us.
Thanks.
i did not receive my 485 receipt yet. However my attorney went ahead and has shipped a copy of approved I140 with a request for USCIS to associate it with my AOS application.
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mygc2006
04-10 09:28 AM
Hi All,
I have been laid off today. Please help me with any resources you might have to find a job on H1B. Will send my resume if you ask for.
Will appreciate anything.
-----------------------
PD Mar 2003.
Labor approved and I-140 cleared.
Hello Optimist,
I just sent a PM to you. Please reply and I will try my level best to look out some openings for you . Good luck to you in advance :)
Thanks
I have been laid off today. Please help me with any resources you might have to find a job on H1B. Will send my resume if you ask for.
Will appreciate anything.
-----------------------
PD Mar 2003.
Labor approved and I-140 cleared.
Hello Optimist,
I just sent a PM to you. Please reply and I will try my level best to look out some openings for you . Good luck to you in advance :)
Thanks
more...
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sanju
09-12 10:33 PM
Thanks for posting 2007 cloture vote. So 53 senators voted in favor of 2007 CIR cloture. If even half of the following 15 Democratic Senators (who voted against the cloture vote) would have voted in favor of 2007 CIR, the bill would have passed the cloture vote, right?
Baucus (D-MT)
Bayh (D-IN)
Bingaman (D-NM)
Brown (D-OH)
Byrd (D-WV)
Dorgan (D-ND)
Harkin (D-IA)
Landrieu (D-LA)
McCaskill (D-MO)
Nelson (D-NE)
Pryor (D-AR)
Rockefeller (D-WV)
Stabenow (D-MI)
Tester (D-MT)
Webb (D-VA)
Look, I am merely saying that it is kind of an urban legend that Democrats support immigrants. But the fact of the matter is, that is entire false belief. And beware when Democrats take over the White House and the Congress in 2008. Legal skilled community is in for a very tough times ahead.
Although, I must add, 2007 CIR was a death-trap for skilled legal community. It would have made life of skilled immigrants very difficult. But non of these 15 Democratic Senators voted against the bill because of this reason. Most of them were pandering to their base to make sure that they are re-elected. So it was good that the 2007 bill did not go through. These 15 men were in-effect our saviors from 2007 CIR :D
Baucus (D-MT)
Bayh (D-IN)
Bingaman (D-NM)
Brown (D-OH)
Byrd (D-WV)
Dorgan (D-ND)
Harkin (D-IA)
Landrieu (D-LA)
McCaskill (D-MO)
Nelson (D-NE)
Pryor (D-AR)
Rockefeller (D-WV)
Stabenow (D-MI)
Tester (D-MT)
Webb (D-VA)
Look, I am merely saying that it is kind of an urban legend that Democrats support immigrants. But the fact of the matter is, that is entire false belief. And beware when Democrats take over the White House and the Congress in 2008. Legal skilled community is in for a very tough times ahead.
Although, I must add, 2007 CIR was a death-trap for skilled legal community. It would have made life of skilled immigrants very difficult. But non of these 15 Democratic Senators voted against the bill because of this reason. Most of them were pandering to their base to make sure that they are re-elected. So it was good that the 2007 bill did not go through. These 15 men were in-effect our saviors from 2007 CIR :D
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mariusp
06-13 08:46 PM
I have I-140 with substitution pending since March of this year. Can I file for 485 now or do I need to wait for I-140 approval? Thanks.
more...
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yabadaba
07-05 11:14 AM
Oh law reports:
07/05/2007: Definition of I-485 "Filing" and Receipt of June VB Cases in July 2007
Readers are sending us email inquiry whether the USCIS will reject the I-485 application for the June 2007 current cases for them which they post marked and shipped out via US Postal Services or via overnight delivery services which was delivered on July 2, 2006. These cases will also be rejected as under the revised July 2007 Visa Bulletin, entire EB visa numbers will remain unavailable effective July 2, 2007. Since filing of I-485 is not determined by a post mark but by physical receipt of the application, these cases are likely to be rejected as it physically arrived at the Service Center buildings on July 2, 2007 when the unavailability of the EB visa numbers took effect.
If the June application was shipped out in June when their visa number was current and delivered on June 29 or earlier date, the application is considered timely filed unless there were flaws in filing such as missing filing signatures, defective checks, or even missing important initial evidence. These applicants should preserve the overnight delivery tracking certificates and the cancelled checks of filing fees to prove that the applications were timely filed before July 1, 2007. Issuance of hard copy Receipt Notice does not control for the purpose of the proof of "filing."
07/05/2007: Definition of I-485 "Filing" and Receipt of June VB Cases in July 2007
Readers are sending us email inquiry whether the USCIS will reject the I-485 application for the June 2007 current cases for them which they post marked and shipped out via US Postal Services or via overnight delivery services which was delivered on July 2, 2006. These cases will also be rejected as under the revised July 2007 Visa Bulletin, entire EB visa numbers will remain unavailable effective July 2, 2007. Since filing of I-485 is not determined by a post mark but by physical receipt of the application, these cases are likely to be rejected as it physically arrived at the Service Center buildings on July 2, 2007 when the unavailability of the EB visa numbers took effect.
If the June application was shipped out in June when their visa number was current and delivered on June 29 or earlier date, the application is considered timely filed unless there were flaws in filing such as missing filing signatures, defective checks, or even missing important initial evidence. These applicants should preserve the overnight delivery tracking certificates and the cancelled checks of filing fees to prove that the applications were timely filed before July 1, 2007. Issuance of hard copy Receipt Notice does not control for the purpose of the proof of "filing."
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anands26
02-13 01:08 PM
Yes. That's right. Anyone giving you a different opinion of things, or telling you that you are not headed in the right direction is anti-immigrant from NumbersUSA. The news for you is that you are not headed anywhere? The worst part is you have no idea where you are headed. What is IV working on now? What are the goals for next 6 weeks?
To give you a bad example of leadership, some core member in this thread wanted us to divert our attention from asking tough questions and told us to attack a Berry guy in some other forum. Let's say all 8000 members went and did that. What will that get us? Is that our mission?
A lot of you are living in lala land. If you don't know how much people are disgusted with IV, just look at the contributing members. I have tried to convince people (Indians and some Chinese) to join IV. People don't. They don't believe IV has the capability to get anything done. A lot of people don't care if IV existed or not. They believe that Congress will get to it when it deems right. Core members were asking a few weeks ago if that is the message people are sending. Yes it is. You are reading the message right. I don't want IV to die. I am suggesting people with leadership skills to come forward and get SOME F**KING RESULTS. That is what is needed. It is do or die situation.
I am not a leader and I don't want to pretend that I am. I ask others who are not to step down and encourage the right people to take leadership positions. I am a very dissatisfied member of IV. Are you satisfied with IV so far? Why doesn't everyone raise these questions? What has caused us to fail so far?
And for the record, I did pay when IV was formed. I don't want to contribute anything more till I believe in it.
To give you a bad example of leadership, some core member in this thread wanted us to divert our attention from asking tough questions and told us to attack a Berry guy in some other forum. Let's say all 8000 members went and did that. What will that get us? Is that our mission?
A lot of you are living in lala land. If you don't know how much people are disgusted with IV, just look at the contributing members. I have tried to convince people (Indians and some Chinese) to join IV. People don't. They don't believe IV has the capability to get anything done. A lot of people don't care if IV existed or not. They believe that Congress will get to it when it deems right. Core members were asking a few weeks ago if that is the message people are sending. Yes it is. You are reading the message right. I don't want IV to die. I am suggesting people with leadership skills to come forward and get SOME F**KING RESULTS. That is what is needed. It is do or die situation.
I am not a leader and I don't want to pretend that I am. I ask others who are not to step down and encourage the right people to take leadership positions. I am a very dissatisfied member of IV. Are you satisfied with IV so far? Why doesn't everyone raise these questions? What has caused us to fail so far?
And for the record, I did pay when IV was formed. I don't want to contribute anything more till I believe in it.
more...
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number30
04-22 06:19 PM
This is a different employer, so I am assuming it is new H1. If I remember correctly from my past research, H1 is always NEW when you file it with different employer, but I am not 100% sure....
thanks.
It is just semantics
It is New H1 with Transfer of I-94. It has been shortened into H1 Transfer to separate it from 65000 per year Quota.
If someone gets the H1 approval without I-94 they call it H1 is approved but transfer denied. They will have go out of the country and come back to get I-94.
When someone doing the Transfer they put it as new H1. Then they will say whether it is coming from yearly quota or not.
thanks.
It is just semantics
It is New H1 with Transfer of I-94. It has been shortened into H1 Transfer to separate it from 65000 per year Quota.
If someone gets the H1 approval without I-94 they call it H1 is approved but transfer denied. They will have go out of the country and come back to get I-94.
When someone doing the Transfer they put it as new H1. Then they will say whether it is coming from yearly quota or not.
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psk79
06-26 10:48 AM
It sucks! I just the card production ordered email this morning! Filed May 29th. Receipt date May 30. No LUDs until this morning and card production ordered today. What a waste of money... This is my wife's and still small hope that they won't approve mine until monday...
more...
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Dhundhun
06-26 03:21 AM
I got approval email too. It cant be sheer luck that so many people are getting the approvals when it was taking 3 months as per their published processing times. Looks to me they just want to give 1 yr EAD to as many as possible. Good way to make money in recession year.
It was general observation that Paper Based EAD is getting approved very fast. We have quickest approval in only 18 days (http://immigrationvoice.org/forum/showthread.php?p=250677#post250677). And this was reported a month ago (on 05/23/2008).
So I think it is their speed - it has nothing to do with intention to give 1 year EAD. On the avarage, people are getting EAD in 25 days.
Myself went ahead with e-filing (this takes 50 days). My FP is scheduled after 5 weeks of notice date (http://immigrationvoice.org/forum/showthread.php?t=18737). For E-filing, they have different process,which has not changed in last two months.
It was general observation that Paper Based EAD is getting approved very fast. We have quickest approval in only 18 days (http://immigrationvoice.org/forum/showthread.php?p=250677#post250677). And this was reported a month ago (on 05/23/2008).
So I think it is their speed - it has nothing to do with intention to give 1 year EAD. On the avarage, people are getting EAD in 25 days.
Myself went ahead with e-filing (this takes 50 days). My FP is scheduled after 5 weeks of notice date (http://immigrationvoice.org/forum/showthread.php?t=18737). For E-filing, they have different process,which has not changed in last two months.
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mbartosik
09-25 11:23 AM
I have used Fragomen in two different situations...
1) Contracted by my employer. This was frustrating from my perspective. I felt a little like an object, mostly dealt with paralegals.
2) Contracted by me. This was much better, I could call the attorneys up anytime, and get an answer when I needed it. Had excellent relationship with paralegals.
These were two different departments.
I do think that I suffered from some less than optimal advice, filed EB3 when EB2 would have been better. That was in 2002 when EB3 EB2 EB1 for all was current. EB2 was a tougher sell to Dept Labor, but I think would have worked, attorney didn't want to risk, and wasn't sure if a downgrade would be offered if EB2 failed.
One thing was consistent.... expensive.
I all but begged them to send out an email to clients referencing DC rally.
I have raised the idea with core of adding a field(s) to profile giving attorneys name/address. If we have a lot of members with Fragomen, maybe we could write a group letter asking them to send out a mass email to other clients.
So please be civil in these public forums.
1) Contracted by my employer. This was frustrating from my perspective. I felt a little like an object, mostly dealt with paralegals.
2) Contracted by me. This was much better, I could call the attorneys up anytime, and get an answer when I needed it. Had excellent relationship with paralegals.
These were two different departments.
I do think that I suffered from some less than optimal advice, filed EB3 when EB2 would have been better. That was in 2002 when EB3 EB2 EB1 for all was current. EB2 was a tougher sell to Dept Labor, but I think would have worked, attorney didn't want to risk, and wasn't sure if a downgrade would be offered if EB2 failed.
One thing was consistent.... expensive.
I all but begged them to send out an email to clients referencing DC rally.
I have raised the idea with core of adding a field(s) to profile giving attorneys name/address. If we have a lot of members with Fragomen, maybe we could write a group letter asking them to send out a mass email to other clients.
So please be civil in these public forums.
more...
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pnjbindia
09-17 09:14 PM
guys,
When will EB3 for ROW be current again? Any guess..... I am not sure why EB3 ROW is retrogessed so far back....
When will EB3 for ROW be current again? Any guess..... I am not sure why EB3 ROW is retrogessed so far back....
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sc3
07-18 02:41 PM
sc3, First of all let me express understanding of your agony and disappointment. If I were in your situation, probably I'll be talking like you.:)
You recite several unfair things. Who said there aren't any unfair things around? IV has feeble power when comapred to the massive muscle and money power of various lobbies who are stacked against us. In this context saying things that could undermine the unity of IV members can only further undermine any future efforts. Are you saying IV should "rat out" these people who have fake jobs and work for body shops?
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
The question should be what to do now? There is no other way than lobbying for recapture bill.
Legal,
I guess I got carried away with so many people saying that Eb3 are pained only because EB2 is getting ahead -- which is blatantly untrue. Most of us are pained because of the long wait, and the prospect of more long wait to come. Eb2s getting or not getting their GCs doesn't necessarily register on our emotional scale, when we are looking at our own situation.
Further what really gets to me (putting it in a civil way), is that some people make use of obviously illegal things and then lecture us that we should be "happy for them" and "we should support them" (maybe they are not the same people, but some part of the problem can be attributed to this situation).
Well if the jobs are fake, then IV need not rat them out, but with people saying the law is implemented right, maybe we should help in implementing it in a more "righter" fashion. Why not? I was just trying to point out that people who are poo-pooing us need to look at their own legal standpoint (that is not to say that I consider any of the poster who is going vitriolic against us to have used that method).
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
Sorry, you probably did not put it that way, but it comes out as, we suffered yesterday, so you guys should suffer today. If that is the case, then solving the immigration issue should be the last on our minds, since we have suffered this long, maybe all the future applicants should suffer just as much.
But I am sure you did not mean it that way.
You recite several unfair things. Who said there aren't any unfair things around? IV has feeble power when comapred to the massive muscle and money power of various lobbies who are stacked against us. In this context saying things that could undermine the unity of IV members can only further undermine any future efforts. Are you saying IV should "rat out" these people who have fake jobs and work for body shops?
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
The question should be what to do now? There is no other way than lobbying for recapture bill.
Legal,
I guess I got carried away with so many people saying that Eb3 are pained only because EB2 is getting ahead -- which is blatantly untrue. Most of us are pained because of the long wait, and the prospect of more long wait to come. Eb2s getting or not getting their GCs doesn't necessarily register on our emotional scale, when we are looking at our own situation.
Further what really gets to me (putting it in a civil way), is that some people make use of obviously illegal things and then lecture us that we should be "happy for them" and "we should support them" (maybe they are not the same people, but some part of the problem can be attributed to this situation).
Well if the jobs are fake, then IV need not rat them out, but with people saying the law is implemented right, maybe we should help in implementing it in a more "righter" fashion. Why not? I was just trying to point out that people who are poo-pooing us need to look at their own legal standpoint (that is not to say that I consider any of the poster who is going vitriolic against us to have used that method).
A very dissproportionaely large number of EB3ROW and EB3I were adjudicated last June 2007, one ecould say at the expense of EB2-I. It is not unreasonable for EB2-I members to feel this way.
Sorry, you probably did not put it that way, but it comes out as, we suffered yesterday, so you guys should suffer today. If that is the case, then solving the immigration issue should be the last on our minds, since we have suffered this long, maybe all the future applicants should suffer just as much.
But I am sure you did not mean it that way.
more...
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raj2
12-24 11:32 AM
Hi
All who are on H4 visa ,is there a way out that we all can write an email or letter to the USCIS or the law changing authority to change the H4 law and get right to work ,I mean one nicely drafted mail or Letter with all the problems highlighted and the disadvantages which the spouse and the H4 are facing .I am mentioning some points which we can write
1.H4 cannot work any where in the USA,not even for an hour
2.Green card is years away.
3.Just be at home and keep on asking money from your spouse for everything you need.
4.With the 65000 quote every one on H4 cannot get an H1.
5.Every one on H4 is not necessary a computer professional or having a 4 year degree possible 3 year or may be less so they cannot qualify for an H1.
thanks
Thats right, eventually when the H1B emploee gets Employement Authorization through GC process, the H4 spouse automatically becomes eligble to work and have better opportunities than any H1B holder. Why can't a H4 have a work authorization same as J2 or L2 or E2. Does ImmigrationVoice considered this thought and thinks as a good point to raise it to the senate in one of their efforts?
All who are on H4 visa ,is there a way out that we all can write an email or letter to the USCIS or the law changing authority to change the H4 law and get right to work ,I mean one nicely drafted mail or Letter with all the problems highlighted and the disadvantages which the spouse and the H4 are facing .I am mentioning some points which we can write
1.H4 cannot work any where in the USA,not even for an hour
2.Green card is years away.
3.Just be at home and keep on asking money from your spouse for everything you need.
4.With the 65000 quote every one on H4 cannot get an H1.
5.Every one on H4 is not necessary a computer professional or having a 4 year degree possible 3 year or may be less so they cannot qualify for an H1.
thanks
Thats right, eventually when the H1B emploee gets Employement Authorization through GC process, the H4 spouse automatically becomes eligble to work and have better opportunities than any H1B holder. Why can't a H4 have a work authorization same as J2 or L2 or E2. Does ImmigrationVoice considered this thought and thinks as a good point to raise it to the senate in one of their efforts?
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skynet2500
10-29 09:45 AM
Thanks a Bunch. I will send the documentation ASAP.
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amitjoey
05-21 04:06 PM
I am new to this and I sent email couple of times and called certain people in IV list.
Most of the responses from the senator/congress members or even conversation refers undocumented immigrants, safe/secure borders etc.
What is missing in representing the EB community different to illegal immigrants ?
Yes, you are absolutely right!
We do not get any attention, because we do not raise our issues and we are not vocal about the problems we face. Now granted, we are a small minority compared to the huge lobby and muscle power the undocumented have. But we need to educate the lawmakers about us. We face real issues and our lives have been held in limbo. We have done everything right, played by the rules, stood in the line, pay taxes, contribute to the society. To get this message across, we need to visit lawmakers offices,and educate them. That is exactly why we have the phone campaign, that is why we have this email campaign.
This advocacy and raising awareness is an ongoing effort, it cannot be a one day or one month thing. We will not get anywhere overnight, perceptions have to change, there is a whole lot of dynamics at play. The timing, legislative calender and politics in general. But we as a group need to stand up, talk about the issues we face and have our voices heard.
That is why - we have the DC Advocacy event - Where members will do presentations with legislative offices,educate them, then there is a media event also planned. This is all to raise awareness.
Most of the responses from the senator/congress members or even conversation refers undocumented immigrants, safe/secure borders etc.
What is missing in representing the EB community different to illegal immigrants ?
Yes, you are absolutely right!
We do not get any attention, because we do not raise our issues and we are not vocal about the problems we face. Now granted, we are a small minority compared to the huge lobby and muscle power the undocumented have. But we need to educate the lawmakers about us. We face real issues and our lives have been held in limbo. We have done everything right, played by the rules, stood in the line, pay taxes, contribute to the society. To get this message across, we need to visit lawmakers offices,and educate them. That is exactly why we have the phone campaign, that is why we have this email campaign.
This advocacy and raising awareness is an ongoing effort, it cannot be a one day or one month thing. We will not get anywhere overnight, perceptions have to change, there is a whole lot of dynamics at play. The timing, legislative calender and politics in general. But we as a group need to stand up, talk about the issues we face and have our voices heard.
That is why - we have the DC Advocacy event - Where members will do presentations with legislative offices,educate them, then there is a media event also planned. This is all to raise awareness.
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walking_dude
09-19 05:46 PM
Great post, explaining IVs efforts. Thumbs Up.
However, I don't think the critics will shut up. It's their job to be critical of everything, for no reason, including their own existence. It's a mentality that cannot be changed.
Strength respects strength. If we have the strength to do things and make a difference (rallies, meetings, receptions, press conferences, paid ads), then that strength begets more strenght because other powers want us to join hands with them so that they can do their favorite things (AgJobs, DREAM etc).
However, I don't think the critics will shut up. It's their job to be critical of everything, for no reason, including their own existence. It's a mentality that cannot be changed.
Strength respects strength. If we have the strength to do things and make a difference (rallies, meetings, receptions, press conferences, paid ads), then that strength begets more strenght because other powers want us to join hands with them so that they can do their favorite things (AgJobs, DREAM etc).
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Winner
07-01 05:37 PM
Now go ahead and give me red dots. but my only request is please call and get your Husbands/Wifes/GF/BF to call. I will be happy with red dots if you at least call.
You don�t deserve a red dot. Thanks for explaining the need for action in a passionate way. I know it does not matter, but gave a green dot anyways.
You don�t deserve a red dot. Thanks for explaining the need for action in a passionate way. I know it does not matter, but gave a green dot anyways.
MDix
02-14 10:20 AM
Please PM me the Email you sent to CISOmbudsman.
Don't let others to HIJACK this thread they have developed habit.
We gotta follow this to the end.
Thank's
MDix
i had sent an email to c.. requesting allowing to file for AOS..as a mode of temporary relief...they replied..saying thanks for the input...
I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.
inputs welcome..
Don't let others to HIJACK this thread they have developed habit.
We gotta follow this to the end.
Thank's
MDix
i had sent an email to c.. requesting allowing to file for AOS..as a mode of temporary relief...they replied..saying thanks for the input...
I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.
inputs welcome..
mundada
01-12 04:53 PM
Here is the history of derivative acts under 14th amendment related to employement:
14th Amendment of the United States Constitution: guarantees due process and equal protection under the laws.
The Civil Rights Act of 1866, Section 1981: covers race-based discrimination by employers. Individuals may sue to assert their rights under this Act; which, unlike Title VII, has no limitation on back-pay liability.
The Civil rights Act of 1871, Section 1983: provides persons who believe they have been deprived of rights, privileges or immunities secured by the Constitution and laws to redress and holds those responsible for the deprivation liable to the person injured.
Equal Pay Act of 1963: forbids pay differentials based on sex. It covers all employees who come under the Fair Labor Standards Act, plus executive, administrative, professional employees and outside sales people. Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Title VII of the 1964 Civil Rights Act: bans discrimination in employment because of race, color, religion, sex, or national origin. It covers all terms and conditions of employment; and, it holds employers responsible for any discrimination that goes on within the employer's organization. Title VII is administered by the EEOC and covers employers with 15 or more employees.
Age Discrimination in Employment Act (ADEA): bans employment discrimination because of age against anyone 40 years of age and older, (also know as ADEA). Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Executive Order 11246: requires Federal contractors to include a nondiscrimination clause in all contracts and subcontracts in excess of $110.000 and all construction projects financed, even in part, with Federal funds. Revised Order No. 4 requires a written affirmative action program from contractors with 50 or more employees and contracts of $50,000 or more. This order is enforced by the U.S. Department of Labor.
Rehabilitation Act of 1973: Section 503 requires employers with government contracts and subcontracts of $2,500 or more to take affirmative action for qualified handicapped individuals. The regulations implementing the Act require "reasonable accommodation" to the physical and mental limitations of handicapped employees and applicants. Section 504 covers the employment practices of all recipients of Federal financial assistance, a broad spectrum of agencies and institutions from private employers operating under a Federal grant, to public schools, colleges and universities. Both Sections 503 and 504 are enforced by the OFCCP.
Pregnancy Discrimination Act: amends Title VII and states that employment discrimination based on pregnancy, childbirth, and related medical conditions is prohibited under Title VII. According to EEOC, the amendment, which affects those employers under the jurisdiction of Title VII, requires that "persons affected by pregnancy, childbirth, and related medical conditions be treated the same as persons affected by other temporary disabilities."
South Carolina Human Affairs Law: prohibits discrimination based on race, religion, color, age, sex, disability and national origin.
Americans With Disabilities Act of 1990 (ADA): gives protections to qualified individuals with disabilities that are like those provided under Title VII. It also guarantees equal opportunity in employment, public accommodations, transportation, state/local government services and telecommunication. ADA is enforced by EEOC.
1991 Civl Rights Act of 1991: allows employees to seek compensatory and punitive damages and for trial-by-jury. (this amends Title VII.)
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Now the way I interpret it, the requirement to not discriminate based on place of birth is protected by constitution under 14th amendment.
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the proposition that "all men are created equal" by empowering the judiciary to enforce that principle against the states.
Furthermore, the precedent rulings related to The Civil Rights Act of 1964 indicate how strictly this is interpreted and enforced. For example, in 1974, the Supreme Court ruled that the San Francisco school district was violating non-English speaking students' rights under the 1964 act by placing them in regular classes rather than providing some sort of accommodation for them.
I therefore believe there is a good chance at the Supreme Court ruling that because of long wait times of more than 3 years for a Green Card plus requirement of same or similar job during that long wait until the green card is received plus country quota affecting people born only in few countries leads to disadvantage for people of these few countries at work.
And yes, even I took law course and gave a seminar during my MBA. But even you would concur that this course at best is basic and does not make a person authority of the US legal system.
Finally, forget me or you, even a lawyer cannot say for sure what the final ruling will be in any case. And hence the best a person can do is give an educated opinion. In addition by human nature, the way I would interpret laws would be to my advantage while the way you would interpret them would be to your advantage. And hence I can understand your biases (and mine as well) because in case the country quota is found illegal by the US Supreme Court, it is the ROW that is going to be affected the most.
Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.
14th Amendment of the United States Constitution: guarantees due process and equal protection under the laws.
The Civil Rights Act of 1866, Section 1981: covers race-based discrimination by employers. Individuals may sue to assert their rights under this Act; which, unlike Title VII, has no limitation on back-pay liability.
The Civil rights Act of 1871, Section 1983: provides persons who believe they have been deprived of rights, privileges or immunities secured by the Constitution and laws to redress and holds those responsible for the deprivation liable to the person injured.
Equal Pay Act of 1963: forbids pay differentials based on sex. It covers all employees who come under the Fair Labor Standards Act, plus executive, administrative, professional employees and outside sales people. Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Title VII of the 1964 Civil Rights Act: bans discrimination in employment because of race, color, religion, sex, or national origin. It covers all terms and conditions of employment; and, it holds employers responsible for any discrimination that goes on within the employer's organization. Title VII is administered by the EEOC and covers employers with 15 or more employees.
Age Discrimination in Employment Act (ADEA): bans employment discrimination because of age against anyone 40 years of age and older, (also know as ADEA). Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Executive Order 11246: requires Federal contractors to include a nondiscrimination clause in all contracts and subcontracts in excess of $110.000 and all construction projects financed, even in part, with Federal funds. Revised Order No. 4 requires a written affirmative action program from contractors with 50 or more employees and contracts of $50,000 or more. This order is enforced by the U.S. Department of Labor.
Rehabilitation Act of 1973: Section 503 requires employers with government contracts and subcontracts of $2,500 or more to take affirmative action for qualified handicapped individuals. The regulations implementing the Act require "reasonable accommodation" to the physical and mental limitations of handicapped employees and applicants. Section 504 covers the employment practices of all recipients of Federal financial assistance, a broad spectrum of agencies and institutions from private employers operating under a Federal grant, to public schools, colleges and universities. Both Sections 503 and 504 are enforced by the OFCCP.
Pregnancy Discrimination Act: amends Title VII and states that employment discrimination based on pregnancy, childbirth, and related medical conditions is prohibited under Title VII. According to EEOC, the amendment, which affects those employers under the jurisdiction of Title VII, requires that "persons affected by pregnancy, childbirth, and related medical conditions be treated the same as persons affected by other temporary disabilities."
South Carolina Human Affairs Law: prohibits discrimination based on race, religion, color, age, sex, disability and national origin.
Americans With Disabilities Act of 1990 (ADA): gives protections to qualified individuals with disabilities that are like those provided under Title VII. It also guarantees equal opportunity in employment, public accommodations, transportation, state/local government services and telecommunication. ADA is enforced by EEOC.
1991 Civl Rights Act of 1991: allows employees to seek compensatory and punitive damages and for trial-by-jury. (this amends Title VII.)
=====
Now the way I interpret it, the requirement to not discriminate based on place of birth is protected by constitution under 14th amendment.
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the proposition that "all men are created equal" by empowering the judiciary to enforce that principle against the states.
Furthermore, the precedent rulings related to The Civil Rights Act of 1964 indicate how strictly this is interpreted and enforced. For example, in 1974, the Supreme Court ruled that the San Francisco school district was violating non-English speaking students' rights under the 1964 act by placing them in regular classes rather than providing some sort of accommodation for them.
I therefore believe there is a good chance at the Supreme Court ruling that because of long wait times of more than 3 years for a Green Card plus requirement of same or similar job during that long wait until the green card is received plus country quota affecting people born only in few countries leads to disadvantage for people of these few countries at work.
And yes, even I took law course and gave a seminar during my MBA. But even you would concur that this course at best is basic and does not make a person authority of the US legal system.
Finally, forget me or you, even a lawyer cannot say for sure what the final ruling will be in any case. And hence the best a person can do is give an educated opinion. In addition by human nature, the way I would interpret laws would be to my advantage while the way you would interpret them would be to your advantage. And hence I can understand your biases (and mine as well) because in case the country quota is found illegal by the US Supreme Court, it is the ROW that is going to be affected the most.
Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.
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