sledge_hammer
02-16 08:27 AM
Great find!
I guess all the talk about suing USCIS will go down the toilet based on this excerpt from the article -
"Assuming that under the plenary power doctrine noncitizens possess few, if any, constitutional protections with respect to entering the country, the implications of racial and national origin exclusions on citizens must be considered. Because the Constitution unquestionably protects the rights of citizens, citizens claiming injury have a better chance at successfully challenging the immigration laws than noncitizens directly affected by their operation. Courts have recognized that citizens in certain circumstances may challenge the lawfulness of immigration laws because of the impact on their rights."
oguinan,
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
I guess all the talk about suing USCIS will go down the toilet based on this excerpt from the article -
"Assuming that under the plenary power doctrine noncitizens possess few, if any, constitutional protections with respect to entering the country, the implications of racial and national origin exclusions on citizens must be considered. Because the Constitution unquestionably protects the rights of citizens, citizens claiming injury have a better chance at successfully challenging the immigration laws than noncitizens directly affected by their operation. Courts have recognized that citizens in certain circumstances may challenge the lawfulness of immigration laws because of the impact on their rights."
oguinan,
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
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ivar
08-15 12:23 PM
--- Deleted ---
solaris27
07-28 08:02 AM
One of my firend drove from TX to VA to explain ADVANTAGE of Amway .
I can't belive that .. It sucks , As you invested money in this business you will think all of your friends will al intrested but they are not .....
think twice ...enjoy .
I can't belive that .. It sucks , As you invested money in this business you will think all of your friends will al intrested but they are not .....
think twice ...enjoy .
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okuzmin
04-09 12:14 PM
WFGC2006, to my knowledge, in order to be able to apply for Canadian citizenship, you must stay in the country for 3 out of the last 4 years cumulatively, not consecutively.
more...
gdilla
05-11 12:21 PM
A pdf of a comparative analysis of Canadian taxes. A little dated, but still more accurate than a lot of info posted here.
dilipcr
06-12 03:24 AM
dilipcr ....... I am perplexed by your responses. To be honest you are flip flopping in your statements. Now if you lose job, please do not come to India seeking a job as PIO. or dual citizen. Should India be also closing doors on her children who showed her backside?
Unseenguy,
I am fairly confident, touch wood, that I would not be dependent on India for a handout. I have paid my debts to the Indian society by investing in India. I did not graduate out of an IIT but I did graduate out of the 2nd best engineering college (atleast then) in Rajasthan, India. I am sure you guys would have guessed it by now. Just for the record, I had to pay full expensive tuition and my education was not subsidized. By my responsible style of life, I believe that I have become a self made man and so would hopefully be of material help but not a public burden to India. be rest assured !!!
Unseenguy,
I am fairly confident, touch wood, that I would not be dependent on India for a handout. I have paid my debts to the Indian society by investing in India. I did not graduate out of an IIT but I did graduate out of the 2nd best engineering college (atleast then) in Rajasthan, India. I am sure you guys would have guessed it by now. Just for the record, I had to pay full expensive tuition and my education was not subsidized. By my responsible style of life, I believe that I have become a self made man and so would hopefully be of material help but not a public burden to India. be rest assured !!!
more...
qplearn
10-23 01:02 PM
Hello everyone.
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
Best of luck!
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
Best of luck!
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anai
06-27 12:48 PM
Three facts, followed by one interpretation.
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
more...
Jerrome
05-13 10:07 AM
This is an old artical I was able to dig up. These LTTE members have been living in colombo for 15 years. Its hard for the military to pin point terrorist among so many tamils. That's why they asked them to justify their stay in colombo. Its not a pretty situation, if the military doesn't question then the LTTE would have already taken over the capital.
This is just one incident, so far military have found many times, large number of weapons are explosives from houses in Colombo.
http://www.lankalibrary.com/phpBB/viewtopic.php?f=2&t=2818
Again you are replying with a different post than what i was referring. If you see a terrorist in your capital then you have all the rights to arrest them and put them in jail or hang them to death. You have all the rights.
but it was funny that they shippped 300 people to East and North from colombo. For what? To join LTTE? Your supreme court condemned this act and asked them to be sent back to colombo. I was referring to that.
Again and again i am stressing that i don't agree the way SL army is conducting this war. Do you know how many SL soldiers died in this war? Do you have any independent media reporters available in the war region(i am talking about SL media not foreign), If SL is so called Democracy why Sinhalese writers are fleeing the country.
That is what i was referring and mentioning all along. SL govt is going in a wrong direction. Democracy is logically dead in SL.
This is just one incident, so far military have found many times, large number of weapons are explosives from houses in Colombo.
http://www.lankalibrary.com/phpBB/viewtopic.php?f=2&t=2818
Again you are replying with a different post than what i was referring. If you see a terrorist in your capital then you have all the rights to arrest them and put them in jail or hang them to death. You have all the rights.
but it was funny that they shippped 300 people to East and North from colombo. For what? To join LTTE? Your supreme court condemned this act and asked them to be sent back to colombo. I was referring to that.
Again and again i am stressing that i don't agree the way SL army is conducting this war. Do you know how many SL soldiers died in this war? Do you have any independent media reporters available in the war region(i am talking about SL media not foreign), If SL is so called Democracy why Sinhalese writers are fleeing the country.
That is what i was referring and mentioning all along. SL govt is going in a wrong direction. Democracy is logically dead in SL.
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EndlessWait
10-07 06:36 PM
lets get the message to congress!
more...
lazycis
02-14 01:01 PM
You may consider it as shameless plug :D, but I want to put this reference as the prove that the lawsuit does work when you deal with the USCIS
http://boards.immigrationportal.com/showpost.php?p=1862057&postcount=15637
http://boards.immigrationportal.com/showpost.php?p=1862057&postcount=15637
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tikka
07-03 11:03 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
more...
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life99f
06-27 12:25 PM
I just asked my attorney this morning. She thinks it is possible. She got a
note reagrading the EB-3 category two weeks ago...
===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007
USCIS has informed AILA Liaison that the State Dept. has advised that the EB
-3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
and the NSC to reject EB-3 Other Worker adjustment applications even though
the June Visa Bulletin shows visa availability. AILA believes this
instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
USCIS HQ. Watch InfoNet for further developments.
note reagrading the EB-3 category two weeks ago...
===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007
USCIS has informed AILA Liaison that the State Dept. has advised that the EB
-3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
and the NSC to reject EB-3 Other Worker adjustment applications even though
the June Visa Bulletin shows visa availability. AILA believes this
instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
USCIS HQ. Watch InfoNet for further developments.
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gc_check
07-04 12:38 PM
Which of the above are not needed for dependents?
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.
more...
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Caliber
09-04 01:16 PM
With all the due respect. Can you tell me how on earth can someone without Admin access reveal someone's personal details???? Pls read all previous posts.
Paul Vadicherla
Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area
Click the link below:
Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)
Paul Vadicherla
Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area
Click the link below:
Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)
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walking_dude
02-13 02:16 PM
Are you even reading my posts?!
If visa numbers are increased along with elimination of country quotas ROW will not be impacted significantly. That's what has been posted a hundred times here. Yet, some of you refuse to see reason!
If IV succeeds ROW waiting times will also be significantly reduced due to combination of visa number increase and recapture. That should be the incentive for ROW.
Are you suggesting that IV's efforts would increase the wait times for ROW?
What incentive does ROW have to work with IV then?
If visa numbers are increased along with elimination of country quotas ROW will not be impacted significantly. That's what has been posted a hundred times here. Yet, some of you refuse to see reason!
If IV succeeds ROW waiting times will also be significantly reduced due to combination of visa number increase and recapture. That should be the incentive for ROW.
Are you suggesting that IV's efforts would increase the wait times for ROW?
What incentive does ROW have to work with IV then?
more...
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shingqor
05-02 11:06 PM
Just curious.
Does it mean a uncouth rowdy person?
Is it a Tamil word, or a Singhala word?
Arava stands for over pitched language loudness..
You are issuing some FATHWA on me LOL dude...??? Grow up..
Are you there when some some one used Gujju word here...???
Does it mean a uncouth rowdy person?
Is it a Tamil word, or a Singhala word?
Arava stands for over pitched language loudness..
You are issuing some FATHWA on me LOL dude...??? Grow up..
Are you there when some some one used Gujju word here...???
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bazuka6
09-25 09:52 AM
Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.
Yes... if you have house closing statement and have been here legally and paid taxes(last X years... you are exempt from VISA cap)
Now that makes sense for a senator looking for a predictable way to solve mortgage crisis
Yes... if you have house closing statement and have been here legally and paid taxes(last X years... you are exempt from VISA cap)
Now that makes sense for a senator looking for a predictable way to solve mortgage crisis
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a1b2c3
01-14 12:48 PM
Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....
V true.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
V true.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
jkays94
05-11 09:57 AM
E3 visa is not enough reason to move to Australia.If ultimate decision is to come back to US ,then Canada is a better choice.
Lot of couples are there who are both on H1-B visa here, their GC plight is also same
The company I work for has an office in Sydney, Australia and recently opened one in Toronto but it is not fully operational. In such a case E3 might work better than Canada PR since it takes 3 years to get Canadian citizenship and 2 years to get Australian citizenship and one could potentially retain the US job if one manages to strike an arrangement with their employer. Also this option might work better for those whose home country is close to Australia (eg Indonesia, Singapore, New Zealand etc). Also note the benefit of the E-3 is that one's spouse can work without restrictions and it is indefinitely renewable while the TN's spouse is not allowed to work. They both have pros and cons. Geographically and culture wise (ie way of life) Canada makes for an easier transition back to the US. Personally I have applied for the Canadian PR for the reasons you cite.
Edit: Note that it now takes 4 years to become an Australian Citizen per ZCool below. Thanks nozerd and ZCool.
Lot of couples are there who are both on H1-B visa here, their GC plight is also same
The company I work for has an office in Sydney, Australia and recently opened one in Toronto but it is not fully operational. In such a case E3 might work better than Canada PR since it takes 3 years to get Canadian citizenship and 2 years to get Australian citizenship and one could potentially retain the US job if one manages to strike an arrangement with their employer. Also this option might work better for those whose home country is close to Australia (eg Indonesia, Singapore, New Zealand etc). Also note the benefit of the E-3 is that one's spouse can work without restrictions and it is indefinitely renewable while the TN's spouse is not allowed to work. They both have pros and cons. Geographically and culture wise (ie way of life) Canada makes for an easier transition back to the US. Personally I have applied for the Canadian PR for the reasons you cite.
Edit: Note that it now takes 4 years to become an Australian Citizen per ZCool below. Thanks nozerd and ZCool.
psaxena
07-28 07:43 PM
Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.
The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.
No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.
Lets see how much money you have donated. Please provide details and then we will compare.
As far as action items are concerned... Here is the latest example:
I have just send the email regarding EAD issues...Did you send the email?
Also as requested by one of the member, give your mailing address so that CIS can be notified.:D
The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.
No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.
Lets see how much money you have donated. Please provide details and then we will compare.
As far as action items are concerned... Here is the latest example:
I have just send the email regarding EAD issues...Did you send the email?
Also as requested by one of the member, give your mailing address so that CIS can be notified.:D
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