bfadlia
01-12 07:47 PM
Mundana.. I'm not trying to discourage anyone, by all means people should seriously try it and see.. instead of the endless talk..
You'd certainly find the poetic notion in the constitution that "all men are created equal" but if the purpose of the US government and its agencies didn't allow them to balance this with protecting the interests of the US public, a billion people from around the world would move in tomorrow. By your logic, an illegal or one with visitor visa would apply to a job he's qualified to here then sue USCIS because their stupid rules that do do not treat him equally like all other men cost him the job.. Congress enacted the INA (Immigration and Naturalization Act) and tasked USCIS to enforce it.. I researched Title VII and the INA in my paper (so much fine print than the highlights u mentioned) and can tell you that title VII specifically allows INA to override it in matters relating to Immigration, and in many cases INA obliges and in many cases walks all over the EEO and all men equal concepts.. as i discussed with my employment law professor who had a good background in immigration, the situation can't be changed without rewriting Title VII and the INA..
Anyway, just my professor's opinion and mine, u have every right to disagree but plz let's do something instead of talking..
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
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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.
You'd certainly find the poetic notion in the constitution that "all men are created equal" but if the purpose of the US government and its agencies didn't allow them to balance this with protecting the interests of the US public, a billion people from around the world would move in tomorrow. By your logic, an illegal or one with visitor visa would apply to a job he's qualified to here then sue USCIS because their stupid rules that do do not treat him equally like all other men cost him the job.. Congress enacted the INA (Immigration and Naturalization Act) and tasked USCIS to enforce it.. I researched Title VII and the INA in my paper (so much fine print than the highlights u mentioned) and can tell you that title VII specifically allows INA to override it in matters relating to Immigration, and in many cases INA obliges and in many cases walks all over the EEO and all men equal concepts.. as i discussed with my employment law professor who had a good background in immigration, the situation can't be changed without rewriting Title VII and the INA..
Anyway, just my professor's opinion and mine, u have every right to disagree but plz let's do something instead of talking..
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
...
...
...
...
...
...
...
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.
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rvish9
07-19 01:17 PM
Does the SKILL bill help persons who have already completed their masters or will it also help those who are pursuing their MBA/MS? (i.e if SKILL is implemented)
Will a person with 2 yrs experience and a MS degree or a person with 6 yrs experience and currently working towards their MBA (part-time) be exempted from the visa numbers?
Will a person with 2 yrs experience and a MS degree or a person with 6 yrs experience and currently working towards their MBA (part-time) be exempted from the visa numbers?
dagabaaj
09-25 10:42 AM
How many of you all dealt with the lawyer named Alex Elsberg?
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jediknight
05-18 10:28 AM
Sent mine and forwarded it to friends.
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feedfront
05-18 12:08 AM
Done! Thanks for everyone's efforts!
chanduv23
09-12 11:49 PM
Take care man
U r in good shape - u can gt ur issue resolved through MTR - so just keep cool. There will be some anxiety though. Good luck
U r in good shape - u can gt ur issue resolved through MTR - so just keep cool. There will be some anxiety though. Good luck
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unitednations
03-23 05:38 PM
I would not agree with your interpretation. You are insinuating that a majority of the EB based green cards sponsored by employers are similar to family sponsored green card and also that people are favoured for their nationality.....how did you arrive at this conclusion?
Possibly your exposure may be limited to mom and pop shops and that may be the basis of your analysis....!!
Working in a "regular" company and having the authority to hire people in my department, "nationality" thoughts have never crossed my mind....!!!
Everybody is entitled to their opinion. It's pretty much an open secret that staff augmentation firms (which take up a pretty good amount of h-1 and GC) are involved in nepotism and filing for their own country people.
Possibly your exposure may be limited to mom and pop shops and that may be the basis of your analysis....!!
Working in a "regular" company and having the authority to hire people in my department, "nationality" thoughts have never crossed my mind....!!!
Everybody is entitled to their opinion. It's pretty much an open secret that staff augmentation firms (which take up a pretty good amount of h-1 and GC) are involved in nepotism and filing for their own country people.
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jthomas
10-15 06:38 PM
I recommend Rebacca Holt and associates in Los Angeles.
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pappu
10-14 03:35 PM
There was a Telecon held yesterday night ( 9:00 pm - 10:30 pm) on establishment of news state chapters. Some core members as well as some veteran State Chapter leaders participated along with us greenhorns (newbies). Me, Chintu25 and CagedCactus participated from Michigan. Regretfully since it was a last moment decision , more members couldn't be invited to participate.
I was active in the Telecon almost to the last (I hope). It was a highly educative and informational to listen to the IV Core perspective on State Chapters. Veterans also pitched in with their experience in organizing their chapters (some super secret recipes were revealed :)). Some chapter leaders for new chapters also introduced some great ideas. To the end, I started bombarding the core with lots of questions, and they were patient in answering all of those ( b/n 10-10:30 pm!).
Unfortunately these matters cannot be discussed in the public forum here as we are monitored by Anti-Immigrants. Ditto for E-mails and PMs as we have no way of verifying the authenticity of the other person. So please don't feel offended if your PMs and E-mail inquiries remain unanswered!
ONLY way to get acquainted with the 'inside news' is to participate in the 10/20 meeting, details of which are published below. Be there if you wish to remain in the know.
It was nice talking to you and others.
Thanks for attending the call.
I was active in the Telecon almost to the last (I hope). It was a highly educative and informational to listen to the IV Core perspective on State Chapters. Veterans also pitched in with their experience in organizing their chapters (some super secret recipes were revealed :)). Some chapter leaders for new chapters also introduced some great ideas. To the end, I started bombarding the core with lots of questions, and they were patient in answering all of those ( b/n 10-10:30 pm!).
Unfortunately these matters cannot be discussed in the public forum here as we are monitored by Anti-Immigrants. Ditto for E-mails and PMs as we have no way of verifying the authenticity of the other person. So please don't feel offended if your PMs and E-mail inquiries remain unanswered!
ONLY way to get acquainted with the 'inside news' is to participate in the 10/20 meeting, details of which are published below. Be there if you wish to remain in the know.
It was nice talking to you and others.
Thanks for attending the call.
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Humhongekamyab
05-29 04:55 PM
Well, if your travel agent offers a Air France ticket, refuse and tell him the reason why u don't want to fly them.
First of all their tickets are way too pricy. People pay shit load of money and get treated like a dogs?? We have choice no matter where u fly from. Try to avoid these European carriers. Try to fly Asian or Indian carriers.
Air France needs to learn that everybody is a customer, irrespective of their skin color/race. And every customer is entitled to same service as rest of them.
This is exactly what I do after a similar experience in 2003. I always discourage my friends and family from flying with Air France though I disagree with the statement about 'European carriers'. I have flow KLM & Swiss and they are very good airlines.
I think the best airlines are US airlines unless you are flying Delta.
First of all their tickets are way too pricy. People pay shit load of money and get treated like a dogs?? We have choice no matter where u fly from. Try to avoid these European carriers. Try to fly Asian or Indian carriers.
Air France needs to learn that everybody is a customer, irrespective of their skin color/race. And every customer is entitled to same service as rest of them.
This is exactly what I do after a similar experience in 2003. I always discourage my friends and family from flying with Air France though I disagree with the statement about 'European carriers'. I have flow KLM & Swiss and they are very good airlines.
I think the best airlines are US airlines unless you are flying Delta.
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needhelp!
06-24 11:33 AM
Thanks, I'll remove the I94 to avoid any confusion!
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gc28262
10-29 11:14 AM
Do we need to write A# on back of the Passport Photos??? I missed to write.
Yes. You need to write name and A# behind the photos with a soft tipped pencil as per USCIS instructions.
Yes. You need to write name and A# behind the photos with a soft tipped pencil as per USCIS instructions.
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xu1
06-29 11:40 PM
in addition to the house republican leadership (Hastert, Boehner) and a couple other influential ones on immigration such as rep Sensenbrenner.
Majority of these sponsoring congressmen have a green (anti-immigration) rating, some of them having a green-red (mixed) rating. However, they're mostly red (pro-immigration) when it comes to h1-b or related skilled worker bills (this even includes sensenbrenner's votes!)..
I did all this search out of boredom, but more importantly to assuage my sinking heart. So it looks like with the sponsorship of 10 pro-skilled immigration republicans, and at least not-against-skilled immigration republican leadership, this represents a good sample of republican votes for the passage.
Question remains how and when this bill will make it to the congressional agenda now that the summer is here already.
I keep my fingers crossed.
Majority of these sponsoring congressmen have a green (anti-immigration) rating, some of them having a green-red (mixed) rating. However, they're mostly red (pro-immigration) when it comes to h1-b or related skilled worker bills (this even includes sensenbrenner's votes!)..
I did all this search out of boredom, but more importantly to assuage my sinking heart. So it looks like with the sponsorship of 10 pro-skilled immigration republicans, and at least not-against-skilled immigration republican leadership, this represents a good sample of republican votes for the passage.
Question remains how and when this bill will make it to the congressional agenda now that the summer is here already.
I keep my fingers crossed.
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johnggberg
06-13 10:06 PM
finally, we have something, but we still need to continue the fight
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achopra76
08-23 08:12 AM
hi everyone,
i wondered if someone could help me find answer to the following questions.
I am a Physician and currently in Residency program which is for 3 years. my residency ends on 30th September 2008 and i have H1b status. I have been offered Fellowship in my desired specialty but it starts on 1st January 2009, therfore there is a gap of 3 months between the end of my current job and beginning of my next job.
so my questions are:
1. H1 petition which I will file for my fellowship starting 1st jan 2009 would be an extension of my current H1 or would I have to file a new H1?
2. suppose I find a job for 3 months gap period at the same institution where I have got my fellowship (keeping in mind that decription of this job would be a little different from what i will be starting from 1st jan 2009), would i have to file for 2 different H1B petitions (one for 3 month period starting 1st oct 2008 and the other for fellowship starting 1 st jan 2009).
3.also, I was thinking that if I file for H1 approval say in july 2008 for the fellowship starting 1st jan 2009 and get approval by mid september 2008. with the approved petition I go back to India and have a vacation for 3 months and come back to US in late december 2008 on H1B again for Fellowship beginning 1st jan 2009. In this case, what would be my status for the gap period of 3 months that I spent in India?
also, would I be issued a new SSN when i come back again. also, i have heard rumors that US embassy in Delhi can hassle you to get H1. How true is that?
Is there any other option someone can suggest?
Thanks for your patient in reading my message
i wondered if someone could help me find answer to the following questions.
I am a Physician and currently in Residency program which is for 3 years. my residency ends on 30th September 2008 and i have H1b status. I have been offered Fellowship in my desired specialty but it starts on 1st January 2009, therfore there is a gap of 3 months between the end of my current job and beginning of my next job.
so my questions are:
1. H1 petition which I will file for my fellowship starting 1st jan 2009 would be an extension of my current H1 or would I have to file a new H1?
2. suppose I find a job for 3 months gap period at the same institution where I have got my fellowship (keeping in mind that decription of this job would be a little different from what i will be starting from 1st jan 2009), would i have to file for 2 different H1B petitions (one for 3 month period starting 1st oct 2008 and the other for fellowship starting 1 st jan 2009).
3.also, I was thinking that if I file for H1 approval say in july 2008 for the fellowship starting 1st jan 2009 and get approval by mid september 2008. with the approved petition I go back to India and have a vacation for 3 months and come back to US in late december 2008 on H1B again for Fellowship beginning 1st jan 2009. In this case, what would be my status for the gap period of 3 months that I spent in India?
also, would I be issued a new SSN when i come back again. also, i have heard rumors that US embassy in Delhi can hassle you to get H1. How true is that?
Is there any other option someone can suggest?
Thanks for your patient in reading my message
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JunRN
09-12 12:07 PM
For me it's simple. My test case is HR5882. I have seen that Democrats fully supported the bill while Republicans are trying to stall it.
I can predict that Democrat will help us. It was during the time of Clinton when immigration into the US was easy. Visa Bulletin was almost always current. AC21 was passed during the time of Clinton, a democrat.
So, tell me. What Republican bill was passed that supports legal immigrants?
I can predict that Democrat will help us. It was during the time of Clinton when immigration into the US was easy. Visa Bulletin was almost always current. AC21 was passed during the time of Clinton, a democrat.
So, tell me. What Republican bill was passed that supports legal immigrants?
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smuggymba
03-26 10:00 PM
EB3 porting is a loophole like labor substitution.
when I came here 6 yrs ago, I had the option of applying in EB3 with a top 4 consulting US firm and I did not want to go that route. I waited until 2010 to apply in EB2.
Looks like People should come to the US as freshers or with 1-2 yrs experience > Apply in EB3 > Gain 5-6 yrs in experience > Port and BOOM, you have your GC.
How can people claim PD porting at a later date when they were not eligible on that specific date in the first place at that time? I know it's legal just like Labor Substitution.
when I came here 6 yrs ago, I had the option of applying in EB3 with a top 4 consulting US firm and I did not want to go that route. I waited until 2010 to apply in EB2.
Looks like People should come to the US as freshers or with 1-2 yrs experience > Apply in EB3 > Gain 5-6 yrs in experience > Port and BOOM, you have your GC.
How can people claim PD porting at a later date when they were not eligible on that specific date in the first place at that time? I know it's legal just like Labor Substitution.
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Jaime
09-14 11:31 AM
There is nothing impossible in life!!! Those who haven't yet decided to go to DC, you can still make it!!!! If you are withi 4-5 hour driving distance to DC you have to tell yourself that there is no excuse not to attend! Just hop on your car or the train/bus and come!!!! GUYS, WE REALLY NEED YOU! AND YOU NEED YOU!!! Did you think about that? YOU NEED YOU! You need to help yourself by helping IV!!!!! COME ON GUYS! MANY PEOPLE HAVE ALREADY CHANGED THEIR MINDS AND THEY ARE ATTENDING! YOU WILL MAKE A DIFFERENCE BY COMING, AND YOU WILL BE SO HAPPY WITH THE RESULTS!!! Ask us if you need travel funds or other type of assistance! We are here for you!!!!!
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girijas
09-12 01:11 PM
dont be confused with "legal immigration", legal immigration in obama's world means family based immigration (vote bank politics) not EB immigration.
You are absolutely right. Check the following link on Obama's page concerning his stand on immigration.
http://www.barackobama.com/issues/immigration/
If he implements what he has been saying so far, this is what will happen:
- Strong measures to curb illegal immigration (with/without a fence)
- Amnesty to existing illegals in the country - claiming that the leak (above) has been fixed and that the illegals already in the country should be brought out from the shadows.
- Measures to speed up family based immigration - with papers being processed by the same department that works on EB immigration; slowing down EB processing further.
The only silver lining which people seem to hang on to is a politician's response to the state of highly skilled immigrants. Note that almost no one is against US educated legals from getting GCs and this is what Obama and McCain have been questioned about as far as legal immigration goes - obviously their answer is that they support us. That is a no-brainer. The controversy as far as legal immigration goes has to do with people without a US higher degree and no one really talks about that as far as legal immigration goes. But that doesn't mean the STEM bill will pass - no opposition doesn't mean it will translate to action for a group who has negligible voting power even if we eventually get it.
You are absolutely right. Check the following link on Obama's page concerning his stand on immigration.
http://www.barackobama.com/issues/immigration/
If he implements what he has been saying so far, this is what will happen:
- Strong measures to curb illegal immigration (with/without a fence)
- Amnesty to existing illegals in the country - claiming that the leak (above) has been fixed and that the illegals already in the country should be brought out from the shadows.
- Measures to speed up family based immigration - with papers being processed by the same department that works on EB immigration; slowing down EB processing further.
The only silver lining which people seem to hang on to is a politician's response to the state of highly skilled immigrants. Note that almost no one is against US educated legals from getting GCs and this is what Obama and McCain have been questioned about as far as legal immigration goes - obviously their answer is that they support us. That is a no-brainer. The controversy as far as legal immigration goes has to do with people without a US higher degree and no one really talks about that as far as legal immigration goes. But that doesn't mean the STEM bill will pass - no opposition doesn't mean it will translate to action for a group who has negligible voting power even if we eventually get it.
krishmunn
08-22 01:02 AM
I am seriously considering this option. I have over 6 years experience as Manager in two large Indian IT companies (part of which is in L1A visa). However, I have detailed experience letter for about 2.5 years. The other company (through which I came on L1A earlier) does not give detailed experience letter per their policy. They gave a summary letter with start date-end date, designation and basic salary. I can get maximum point with 4 years experience.
Does anyone know if Canadian Immigration accept secondary evidence like coworkers letter and/or my job description as mentioned in the L1 petition by that company.
Also, does anyone know how much prep is required for IELTS ?
Does anyone know if Canadian Immigration accept secondary evidence like coworkers letter and/or my job description as mentioned in the L1 petition by that company.
Also, does anyone know how much prep is required for IELTS ?
Abhinaym
01-13 04:15 PM
I do undersatnd that these companies did not help you.. y don't u understand that we r not talking about u :) the statistics r these companies bring tens of thousands here every year from one country, yes on H1 or L1, not to sponsor them for greencards, but arriving here with a dual intent visa that allows for greencard application is not such a casual opportunity and that's what I'm telling you is rarely available to the equally qualified non-retrogressed folks. Once here, those thousands transfer to these small/mid size companies u mentioned and choose to stay and apply for greencards even though they know that with their huge numbers current rules will make their greencard journey longer..
Yes adjusting the quota percentages should be on the table, but if these companies hurt you by creating a longer line than the quota allows, , then you should take issue with these companies before you take it at your fellow non-retrogressed immigrants.
You're confusing the cause-and-effect. The country quota laws were put in MUCH earlier than any offshoring companies started doing H1s. It might in fact be the opposite, meaning that these companies are hiring qualified people who weren't getting GCs.
And besides these companies are all software cos that came up in the last 10 yrs, why should that stupid rule affect any person in a non-software field?
Yes we know that the current rules make the journey longer. The point is that it is unfair and that's why we should start trying to change it!
Basically it is very difficult to understand another person's pain. Especially when you're set up to gain from it.
Yes adjusting the quota percentages should be on the table, but if these companies hurt you by creating a longer line than the quota allows, , then you should take issue with these companies before you take it at your fellow non-retrogressed immigrants.
You're confusing the cause-and-effect. The country quota laws were put in MUCH earlier than any offshoring companies started doing H1s. It might in fact be the opposite, meaning that these companies are hiring qualified people who weren't getting GCs.
And besides these companies are all software cos that came up in the last 10 yrs, why should that stupid rule affect any person in a non-software field?
Yes we know that the current rules make the journey longer. The point is that it is unfair and that's why we should start trying to change it!
Basically it is very difficult to understand another person's pain. Especially when you're set up to gain from it.
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