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  • glus
    03-26 03:35 PM
    I got 2 of them recently too. PD not current. Probably pre-processing the applications but not approving them due to PD not current :-(





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  • annsheila79
    04-19 10:21 AM
    but please do let us know once you talk to a lawyer and get it evaluated.

    thanks
    Sheila





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  • acecupid
    07-16 07:36 PM
    Signed it !:D





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  • forever_waiting
    04-22 07:13 PM
    Ok. But how does this apply to immigration?

    On the page you quote, below is what I see -

    The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in:

    Education
    Employment
    Housing
    Lending
    Public Accommodations
    Law Enforcement / Police Misconduct
    Voting

    The "per-country limit" is definitely unfair within the realm of employment-based immigration due to the outdated and irrelevant law which needs reform. However skewing this to make it a civil rights issue is pushing it a bit too much.

    So coming back to Immigration (which is what, I believe, we are discussing), below is what I came across on congress.gov.

    The Supreme Court has ruled that the Congressional power to regulate naturalization, from Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]

    In other words, the Constitution does not specifically mention immigration but based on the above, delegates power to the Congress to pass laws to regulate immigration. This Article of the Constitution also clarifies the part about rules for immigrants and quotas being set at the Federal level and not State level.

    The above is a fact, not my opinion. Therefore, No - I do not agree that your reasoning has any direct parallel to our case since the correct approach and reasoning involves challenging a Supreme Court Ruling on Article 1 of the Constitution, which you would agree is next to impossible.


    Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)

    IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...

    Fourteenth Amendment to the United States Constitution - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion)

    Read the "Equal protection clause". It mentions this case:
    The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations

    Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?



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  • zCool
    02-27 02:14 PM
    labor sub is being cancelled.. Don't get into it.. you will loose money and gain nothing..





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  • vine95050
    12-09 11:56 AM
    Thank you guys, thank you all for your congratulations!
    When can you file WOM? It's a grey area. When the Name Check has been pending for more than 2 years like in my situation, then you definitely have "a case". However, I have heard that some people do it after "only" one year.
    Impossible to tell really when it's the "best" time to do it...

    Thanks for your response. Do you know of the law that tells you minimum days after which one can file WOM? Probably not.. Thanks anyway and enjoy the ride.



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  • bikram_das_in
    05-12 05:26 PM
    1) having gc is a privilege not a right.

    If you bring in a worker with a path to citizenship and make the laws so ambiguous that even after 10 years he/she does not know when to reach the destination in that path is a violation of basic human rights.

    2) US has every right to choose whom they want to have in their country.

    The choice kind of goes back and forth. Getting H1b - yes You can work...Delaying/Rejecting GC...No can't work. It may be rejected without even the fault of the individual. Path to citizenship is an eyewash...there is not path to citizenship for a foreign worker at individual level.

    4) Considering the number of fraud's committed by Indian ....

    Punish the guilty and do not stereotype. USCIS report says only 20% of H1b is bad.

    5) We all have best back up....Saare Jahan Se Achha....



    This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.

    Few points:

    1) having gc is a privilege not a right.

    2) US has every right to choose whom they want to have in their country.

    3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.

    4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)

    5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.

    Wake up friends, you have options. Don't let your life depend on you application status.

    Nitin





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  • jjava100
    03-29 06:12 PM
    /\



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  • Macaca
    12-17 02:24 PM
    From Investing in America, Making Things Worse (http://online.wsj.com/public/article/SB119449088264586132.html) By Sen. Chuck Grassley (R., Iowa) | Wall Street Journal, Nov 8, 2007

    I'm startled to learn that The Wall Street Journal seriously believes that an investment in American students will make things worse for U.S. businesses ("The Grassley Visa Tax," editorial, Nov. 2).

    Your editorial asserts that the number of foreign workers on H-1B visas is so minimal that we shouldn't care if Americans are in fact displaced. I challenge the Journal to wave their labor force figures in the face of one of the hi-tech workers who have had to train their own replacement who is an H-1B visa holder. That's a smack in the face to the American worker and hardly an issue to take lightly.

    I am committed to an effort to include additional H-1B reforms and increase the visa supply along with an increased investment to educate Americans. But, I strongly disagree that the only solution is to increase our reliance on foreign workers by raising the annual cap. Reforms to the program must be a top priority. Big business cannot continue to ignore the home-grown American talent who should be getting at least a good portion of these jobs.


    From page 9 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007

    The National Foundation for American Policy sent a letter to Senator Grassley�s office requesting a list of the names of �hi-tech workers who have had to train their own replacement who is an H-1B visa holder.�

    To date we have not received such a list from Senator Grassley�s office.





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  • kumarc123
    12-31 02:29 PM
    I want to thank everyone for contributing their personal story, I as an immigrant understand the importance of Green Card. We have worked dillegently over the years, sacrificing our personal dreams, our spouses sacrificng their personal dreams.


    I am an optimistic person and I believe we will see a positive response.


    However with the current status of the economy, just asking for visa recapture will not help, we cannot bring a change based on one side of the bargain, what we need is a two way bargain. What we need to do is offer business deal, let them know that we do care about the economy and would like to contribute to make this country stonger, as it was in the past.


    The congress will do anything to get rid of all these homes off the market, if we add our intention's of buying homes in a our personal stories, they will think it from their side of the benefit as well.


    In all you stories please add you intentions to buy a home, as without greencard you do not want to take the risk.


    The downfall of the economy started with the housing crisis, and the economy will bounce back with a substantial improvement in the housing market. WE NEED TO INCLUDE OUR INTENTION OF BUYING HOMES


    Infact, we should also send emails to realtor association, let them know our intentions, so they can communicate it further to the congress.


    Guys you all are incredible and have contributed your valuable time and effort in IV. So I humbly request you all to please channel this effort lucratively for the other side as well. Remember the quote? BEGGARS ARE NOT CHOOSERS



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  • cowboy
    07-18 01:55 PM
    thank





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  • kcforgc
    01-17 12:00 PM
    Please count me in.



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  • pa_arora
    01-31 02:03 PM
    i had 25 of my friends voted for it and now its on number 3 and 11 respectively.

    WOOOO HOOOO.
    running around to have more peoplr vote for it...

    make it number 1 guys.





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  • smartboy75
    09-29 11:42 AM
    Was the H1B through a body shopper? I"ve heard of reopening all old cases of a company if they find a dubious H1B sponsorship, or if a company gets blacklisted.

    If your company is solid and your case is genuine... you probably have nothing to worry about.
    The H1B which was approved a year ago and has now been re-opened was not with a body shopper but an US Insurance firm....They had the best of lawyers and company is still going strong....



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  • wandmaker
    06-06 05:28 PM
    ^





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  • Waitnwait
    12-01 10:19 PM
    I suppose it would help if IV core team would discuss with members about their target contribution and percentage of goal already met. i know it might not be possible to give out the exact numbers but we can always have a percentage % on the site showing how much more is needed. This will also energize active and non active members and give them something definite to work towards..
    Just my two cents!!!!



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  • Bokke
    06-07 08:53 AM
    so, is skinning the click wheel ok? because i don't think ipod skins have that....

    euhm yeah.. i've did it, but dont know if its legal..

    B3NKobe ?





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  • kumar1
    11-10 11:21 AM
    This is how I used my EAD. I filed 485/EAD/AP in July 2007. I did not do anything till Feb-2008. I made a call to my employer in Feb-2008 (6 months after I-485) and asked him to give me a raise. He was aware of the fact that I can use AC-21 and leave anytime. We renegotiated everything, this time heavily in my favor (for a change). I got 20% salary hike effective from that very day. I kept same employer, same job, same client but used EAD and AC-21 to put pressure on my employer. Needless to say, in the past, I have been on the receiving side of the pressure from employers because of H1-B too.

    My suggestion - You can not play safe your whole life.





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  • sc3
    08-20 02:29 PM
    AP i94 valid upto Mar 2009(After returning on AP)
    H1 i94 valid upto June 2011

    Can I still work on existing H1?
    Which i94 valid(AP or H1)?

    How is that possible? Did you apply for H1 before you left this country and got the approval after you came? If so you have a problem because leaving the country when H1 is pending invalidates the application.

    If you had H1-i94 before you left the country. Why did you not turn it in when you at POE(xit)? You are required to do so. If you have not, you are supposed to send your old i94's to some place (I dont know where, check the web).





    FraudGultee
    04-17 09:03 AM
    I dont see any issues here. he is applicable, he has required skill and education. he should be file for EB2





    Redeye
    08-14 06:19 PM
    This guy posted six messages and he got so many green dots. I have only 3. May be it because I am EB3 . It rhymes.... :D

    What some people forget on this forum is there was a guy not too long who was dying in six months and I am sure most of our situations are not so dire. Look we all will get GC, we are AOS pending it is a matter of a year here and a year there. But please do not fight like this, we are a community. We were one group before these VBs and now we fight amongst ourselves. It amazes me how the gora man is still able to divide and rule. Chill and relax....go watch olympics.

    Ok, now give me some greens.I am EB3 and only green I can get is the dots.


    For those who care to read...the fact that I am suggesting that people should port their priority dates before that door closes shows that I believe that people who have played by the rules (ie actually put in the 5 yrs experience or find a job with EB2 requirements) should get preference !!

    I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.

    Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.

    THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.

    Seriously, how much more immature can we get?

    Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.