Tuesday, August 9, 2011

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  • Canuck
    02-14 01:03 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843


    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"

    Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.

    I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.





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  • NKR
    02-14 08:49 AM
    [[Bestia,

    This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?
    ]]

    First it was fighting between Indian/Chinese and ROW, now there is fighting within ROW. Come on Guys, today is valentine's day. Let there be Love and Peace. Let's unite...





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  • Alabaman
    08-03 06:19 PM
    Pardon my ignorance, how does labor substitution work and what is FIFO?





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  • neocor
    01-09 01:33 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor



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  • mantric
    02-13 02:55 AM
    Yes I believe we have a case.

    The EB immigration system has become a joke where we are fighting for a pittance of this or that quota.

    The current situation is a violation of human dignity of young and skilled american workforce.
    It is a violation of liberty of tax paying law abiding residents.
    It is very unamerican as it closes off opportunities for some of the brightest people in the world.

    Shame on America that this exploitation exists in this day and age in this country.





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  • JunRN
    09-23 01:14 PM
    This proposal if it hits the major news media will atleast catch the attention of most people regarding our plight as immigrants.

    On the other hand though, those on the other side will think that this proves their point --- they are losing jobs and money -- immigrants are taking it. They are losing houses and properties --- immigrants are taking it. They will put the blame on us.



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  • syendu1
    01-14 06:43 PM
    well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".
    Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.

    it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
    What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.


    and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
    You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.

    i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
    No comments there i agree with you

    what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
    Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be

    Jai Hind

    well, it is noble to do what is "right" and to always stand for it. but, i dont believe for a second porting is "wrong". u wouldn't agree though but u dont have problems when others port. i have no argument about that.

    people r in eb3, not becoz they want to. sure, i agree, given a choice, everyone will pick eb1. however, the question is, why have they been put there?? nobody forced them to. u dont qualify for other categories, u deal with it. (there may a few exceptions to that). so, i wud not feel really bad for people who had to be in eb3 (cud be lack of need qualifications or any other reasons, even things out of their control). as i said "life is not fair".

    i think it is global, aren't there ROW eb3 people who are retrogressed as well. now, u may have a point in saying that eb3 is the majority. isn't that the case anywhere. take a look at the train (first class- few people, second class - more, general -- a lot). pls dont take this example as derogatory, becoz i dont mean it that way. my intention is usually the most generic category (that which may apply to most people) is most crowded. so, doing something wud probably impact a whole number of people--which means yes, anything possible that somebody can, should and must do.

    however, that and being ahead in time, cannot be used as the only reasons to bypass eb2 and service or even share with eb3 (i think this was something proposed by some eb3 folks on this forum), i wud not agree. there were some other suggestions too, that i thought was not right. and i have already talked to you about my logic as to why.

    i just thought working towards something that applies to "ALL" would be the way to go. But, I can kind of see your point too. Best of luck in whatever you do.

    Finally, I did not answer your reply promptly as I was on my way back from work and I replied the first chance I got. (now, i'll go watch social network and relax, i have family visiting me). and thanks for wishing me for my gc. i wish the same to u.

    Jai Hind





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  • villamonte6100
    02-15 04:37 PM
    Oh and by the way, if people sue and WIN lawsuits for "COFFEE BEING TOO HOT" or the one "McDonalds made me fat" This one has much more credibility

    My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.

    If you really want to have this change, it is the US congress that you can deal with.

    As I've said, I work for a law firm.

    Why don't ask your immigration lawyer first regarding the "class action" you are talking about.



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  • BharatPremi
    12-13 05:22 PM
    In short, you cannot challenge the law itself but, can challenge how the law is interpreted.


    In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?

    Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:

    And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?





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  • snram4
    01-17 10:32 AM
    This kind of attitude will not help to acheive your goal. If US congress does not pass immigration that favors you may abuse everyone. Before that can you name any single country has such a better immiration policy than USA. You may name Canada and Australia. Canada many immigrants are struggling to survive for years so that is not attractive destination. Everyone knows what happens in Australia. A few violence will be enough to reduce immigration.

    Still USA is best destination for world inspite of ugly recession. So if you want change any inequality or decrimination better fight with facts but not showing frustration. We got complete right to fight any discrimination or inequality both legally and by lobbying. Similarly our opponents also have same right to fight for their arguments. Using abusive words will do more harm than any benefit

    These US born donkeys - Dustbin, Grassley, Sanders, Hira, Matloff, Moira Herbst, Thibodeau, Miano, Kim Berry, Rob Sanchez, Donna Conroy, ... - have US Citizenship (USC) tatooed on their ass.

    Every time you ask them to do something, they flash the USC on their ass.

    It worked a couple of times at welfare. After that, and at all other places, everyone urinates on their USC.

    Janet Napilatano and Hilda Hilda L. Solis Memos cannot stop everyone from unrinating on these thorough bred asses.



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  • BharatPremi
    12-13 02:21 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    [U]Equal Employment Opportunity (EEO)
    ......................
    Satya
    India / EB3/Nov2003/

    They prefer to kid us saying "hey non immigrant,you are not a citizen yet"





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  • hiralal
    06-15 09:36 PM
    Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.
    I am guessing that your intention is good but the advice is BAD (to put it mildly).
    Find a new job if you are on H1 / or even EAD -- first try the same and then let us know.
    regarding buying house - if you are welder from Korea - sure go ahead even if you PD is 2006. if from China / India -- just forget it for the time being ... it will add too much stress in your life ..better have the money in liquid form. it is good to be optimistic but you need to be a realist first ..as others have said, if they cannot print a plastic green card for you then it is foolish for you to invest your hard earned money in real estate



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  • vdlrao
    07-26 04:26 PM
    I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?

    In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.

    right point to note.





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  • BharatPremi
    09-24 04:54 PM
    Not sure what you are talking about. There are two rules as follows

    28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5

    Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

    7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
    + 2% dependent limit for each country in EB category


    Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

    To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

    Ans: this concept 0.07X 0.286 - It is a false concept.
    The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).

    /\ my answers



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  • EndlessWait
    12-15 10:42 PM
    We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.

    Thanks,

    its the right time. two birds with one stone. lets keep pushing for it. go IV





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  • fairman
    08-18 11:25 PM
    And which part of india are you from?
    Secret.



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  • minimalist
    05-12 12:12 AM
    I wonder what is causing people to say this water is for Kanndiga's. This state is only for Marathas.
    Water issues always arise when the stae above tries to have as much as it can with no regard to the sates below. Instead of politicians in Karnataka thinking we should play fair, they stoke the regional sentiments saying we will give our lives to protect Kannadiga interests. Same story with every state where there are enough gullible people to assume that they are fighting for their right. As long as they have fish to bite the race/ethnicity/language/caste cards, they will do it.
    If you can't find anything to be proud of about India, then I don't know what to say.

    I am following the discussion. The reason I mentioned about Maratha issue is to bring attention to the fact that I have issue with the segregation on basis of regional/ethnicity and not against Tamilians specifically.

    Remember this is 2009. If that doesn't answer your question on why shouldn't compare Bangladesh with Srilanka, nothing ever will. (You can wake up the person who is sleeping , but you can't wake up some one who is pretending to be sleeping.)

    I am an Indian and my native tongue is not Tamil. I donot consider the issue in Srilanka as Tamil issue. I don't consider it as Indian issue either. I consider it as Srilankan issue.

    Hope this addresses some of your questions.

    Originally Posted by minimalist
    ---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.

    ...
    -----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.


    ----May we know why one should not compare India's role in Bangladesh with SL?.

    The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.





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  • WAIT_FOR_EVER_GC
    07-22 12:50 PM
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  • WFGC2006
    04-04 02:06 PM
    What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?

    Anyone who know abt this, please respond.

    The current rule is that: in order to maintain your PR, you have to be physically in Canada for two years in any 5 year period (to apply citizenship, 3 years consecutively). So technically you are still fine if you are on your 3rd year working in the U.S. after landing date (which is the date you enter into the border using the immigration visa granted).

    If you have the maple card in hand, there is absolutely nothing to worry about. However, if you are like me who got out of CA and came back to the US after landing without securing the card, there are still ways. The maple card is only needed for re-entry if you take a commercial flight or a commercial bus. However, if you drive your own vehicles and cross the border, then you only need your landing document ("the white paper"). Another option is to apply so-called "Travel Document" through CA consulate in the U.S. But be prepared that the official will grill you for your intention because he/she knows that 1) you are exploring the loophole of CA immigration law and use your PR status as the fall-back plan for your dashed American dream; 2) it's their duty to deny your visa if they determine that you will not be able to fulfill the residency requirement ("2 out of 5 year" rule) ONCE YOU ENTER CA (this is some rule open to abuse as basically the official determines what you WILL do in the future).





    ita
    03-29 11:12 PM
    So am I , I'm sure so are may others on this forum and in India.

    Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)

    But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .

    what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
    Those politicians are making fun of law.They are using NSA to finish political opponents.
    NSA is meant for nation's enemies not for politician's enemies.
    During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.

    Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
    It happens only in India.

    I am looking for a visionary who can bring Indians out of poverty, who can give good education, security, health care and good infrastructure. Who can save us from the unstable countries and aggressive China. I am not bothering whether Sankaracharya is in jail or not. How its going to affect a common man who is begging even for basic amenities.





    pa_arora
    07-26 04:28 PM
    meekdesi, my friend... I also grew up in Delhi and in the same places what u listed...dont ask for what ur country did for u ...tell me what u did for ur country?? I am pretty sure u don't have an answer and if u do ur making false assertions.

    u know the problem with u ...u just think who will cleanup the house, the other person living can clean it. But that not the way it works...so show what u did before u demand.



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