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  • mbartosik
    12-13 11:48 PM
    Mark,

    what say you?

    In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.

    If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.

    We have next to no chance in lower courts.
    Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.

    In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.

    Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).

    Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).

    I'm not saying do not fight, just fight smart.

    To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.

    It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".





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  • BharatPremi
    12-13 01:22 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai


    I am not a lawyer. Here is my understanding as a lay man:

    What is constitution?

    A: At some point of time, group of people, with having confidence from
    majority of people, with a centralizing tone of some common
    philosophy/ethics, create the framework of regulations with a goal to make
    society orderely, to make sure that common good of people remains
    prevalent and maintained and assures the penalty for deed done agianst
    common good and breaking the common order of the society. Wise ones,
    accepting the limit of individual capabilities, understanding the different
    needs of the society at different time, keep windows opened to improve
    the "base" constitution with making sure all checks and balances do not
    allow the misuse and hecnce the word "Amendment/s" have the existence.

    Now there has to be some base ground when base consitution is prepared.
    What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
    controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
    (if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))

    Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).

    Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?

    So bootmline: If at all constitution is permitting "per country based ceilings" then
    we will have to fight to change that because it is not right.





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  • vikki76
    02-19 12:03 AM
    I like it too Alisa.Very well said.
    H1-B, High Skill Immigration needs to be separated and we should know an answer from US govt/public official ,what matters most.
    If I don't get a GC within next 2 years, I will be forced to start my new hi-tech venture from Bangalore.





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  • nozerd
    10-10 10:18 AM
    What happens when you loose your job on TN1 ? Do you get any time to look for another job ? Do you automatically convert to tourist visa or you need to leave and come back ?
    Are the 3 and 10 yr bar reevant for Canadian nationals ?



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  • ebizash
    07-21 12:23 PM
    got into it, pulled off 3 weeks later. they refunded my investment w/o any issue. but yes never lost that persons contact who got friendly with me for this and we remain good family friends. so there are exceptions.

    We also remained good friends with the people who left our group... you know why... because we had no other options as we had no other friends left outside Quixtar (which was Amway before 2001 and is again Amway since 2009)

    Not saying that it applies in your case as well... but just telling you from my standpoint..





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  • snathan
    01-13 08:13 PM
    My take is BODY SHOPPING is killed.
    H1Bs can work at direct employer or as an employee of direct vendor at off site.

    No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.

    Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..

    My take is Infy, TCS are the biggest theives. if you work with the client, you never know when the will show the door and promptly cancel the H1B. Ideally USCIS should target the big fish and their flithy L1



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  • reddymjm
    10-01 10:04 PM
    Any one else sent emails lately





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  • chanduv23
    06-27 11:36 PM
    Or maybe just present a piece of toasted bread and the locals will consider this as a good 2x2 of a miracle (...photo). Once the "belt" supports him he needs no further support. Path to citizenship will be through a "divine escalator"... ;)

    Wonder if HE would then be allowed to run for president, guess that would require a constitutional change? hmmm... interesting...


    What about Mary Magdelene? The Holy Grail is enough proof for her GC??



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  • gc_on_demand
    09-14 03:41 PM
    What are the hopes for individuals who missed Jul 07. In my case my labor got approved in Oct 07 and we are still waiting for the date to be current to be able to file for EAD / AP. Based on the figures that you show, I believe that all 2006 people should get cleared in the coming year and the traffic for 2007 & 2008 is quite less. What are the predictions for the PD movement till year end?

    Your PD will be current by Sep 2010. Or if you are lucky you may get GC by that time.

    If you get GC donate to IV.





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  • gc28262
    09-26 11:13 AM
    I sent the email to my local congress man who has an anti-immigrant stance.

    Here is the response I got from him( It is probably a standard response for financial crisis)

    ---message starts------
    Thank you for contacting me regarding our country's financial crisis and the administration's bailout proposal. It is good to hear your thoughts on this very important situation facing our country and I share in your concerns.

    As you know, Treasury Secretary Paulson and Federal Reserve Chairman Bernanke testified recently before Congress about their proposal to spend $700 billion to purchase the debt of financial institutions, improve our credit situation, and stabilize our economy. I reviewed the proposal carefully and, like you, I had serious concerns about this proposal such as the blanket authority removing Congressional or legal oversight, the implied reward for unwise financial behaviors at the expense of honest Americans, and the long-term expense to tax payers without a mechanism to press criminal charges upon those who are responsible for this situation.

    As a consequence, I offered an alternative measure. According to the Department of Treasury, there are two problems that need to be addressed: the short term liquidity emergency, and the long-term toxic mortgage asset holdings. To address the liquidity emergency, my plan would reduce all personal and corporate capital gains taxes to zero percent for one year, reduce the Federal Funds Rate (FFR) to zero percent for one month with a reoccurring month to month option, and allow the Department of Treasury to loan current funds to lending institutions at the rate of inflation plus three percent or LIBOR plus three percent. This plan would get the markets moving and allow Congress adequate time to address the mortgage assets situation while we investigate those corporations or government regulators who may be criminally negligent.


    One of my most important roles as your Congressman is to be a responsible steward of tax payer funds and, while my proposal remains an option, there are many proposals still being debated and it is unclear what the final product will look like. I will be sure to keep you informed of what happens as we move forward.

    ---message ends------



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  • amitjoey
    07-03 06:03 PM
    clochhead@sfchronicle.com.





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  • hpandey
    05-01 04:38 PM
    Its in today TOI that Congress/UPA govt. has raised a concern to their PAK counterparts about safely of some 35 Sikh families living in a small village which falls in Taliban's territory.

    Why not a single statement by UPA Govt. / MPS/ any high ranking diplomats for Srinlankan's Tamil ? Are they affraid of Congress leadership or what ?

    I don't know for what cause LTTE is fighting for and see them as same other terrorist organization in name of freedom. Its LTTE and their leaders who should be punished and brought to justice for killing of Rajeev Gandhi, not the whole community.

    Don't be too confident that you may never be in the situation like them. Who knows tomorrow ? History tells us that you would be never safe on foreign soil ! If its not you, it would be your next generation who might seek support from your home country

    My post is to just show double standard played by UPA govt.

    The Pak Sikhs are being troubled by the Taliban whom everyone opposes and the Pak govt is doing nothing and hence India should raise a voice.

    The Tamils in SriLanka are not being opressed by SriLanka but by LTTE themselves ( using their own people as human shields ) . The Srilankan govt is trying its best to minimise losses while trying to rout the terrorist LTTE. India does not have any sympathy either for the Taliban or for LTTE. Both are enemies of India.

    Personally I hate the LTTE and their damn cause. Someone who would kill our PM does not deserve any sympathy.

    I cheer the brave SriLankan Army who will finally clear their country of this terrorist manace. I wish India had the same drive to remove terrorists from our country in J&K and elsewhere .



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  • tiger94
    09-22 09:36 PM
    Hi,

    I am in a somewhat complicated situation.
    My original H-1B status began 7/1/2008.
    My original I-797A states valid date of 7/1/2008 to 6/30/2011.
    This was with "Postdoctoral Research Associate" as job title.

    However, my department offered me a "Visiting Assistant Professor" position,
    and filed an H-1B Amendment, due to increase in salary.
    Because the offer is only until May of 2009,
    my new amended I-797A states valid date of 9/1/2008 to 5/31/2009.
    So the amended dates are "nested" within the original dates.
    They plan on doing another amendment back to my original status if the need for my lecturing is no longer needed in the department.

    I am planning to go to my home country in December to get my visa stamped. Which I-797A do I submit to the U.S. Embassy?
    My wife is also planning to come with me.
    She will try to get her visa stamped with her I-797A which as a
    valid date of 7/1/2008 to 6/30/2011.

    Will the embassy look at my most latest I-797A and give me a visa
    that expires on 5/31/2009? I was hoping that there was some way for them to consider the old I-797A and give me the full 3 years up to 2011.
    I'd appreciate it you could give me some advice.

    Thanks in advance!!!





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  • unseenguy
    08-16 09:15 PM
    In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.

    Sure. If its done in a respectable manner its fine with some humor and jokes added and officer can do his part to diffuse the frustration. But CBP officers in US are rude and its well known fact.

    Indian customs officers are also no angels, Usually there is no profiling in India. I never ever faced a single question or treatment that was different than others. Nor did I see anyone being singled out.

    When you frisk abdul kalam when you know he is ex president. When you frisk george fernandes when he has diplomatic passport , when you detain SRK when others are vouching for it, when you handcuff Gates. Its profiling. Once in a while incident that is done in respectable humorous way can be forgotten, not the rude ones. I am sure officer was damn rude to piss off srk.



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  • Marphad
    03-29 11:10 AM
    To those ignorants or idiots who voted for Rahul Gandhi or Sonia Gandhi:

    This is a book shows facts about Nehru Dynasty in India: http://www.scribd.com/doc/1777536/Nehru-Gandhi-Family-Secrets





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  • pointlesswait
    09-14 04:45 PM
    This a very optimistic prediction....

    i think .. most with PD of jan 2005 and earlier will get their GC ..thus in OCT VB the dates will pull back a bit..maybe mid 2004...so first qtr will be bad news for anyone with a PD after jan 2005,...but the 2nd and 3rd qtr.. the dates will be definitely be in mid 2006.

    my 1/4 cent



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  • ita
    03-30 02:56 PM
    For all we know we may not be casting our vote but it is very important to know what is going on around us and this discussion is like a reality check though I agree immigration forum may not be the right place for this discussion.

    Coming back to MMS,Advani-going by the qualities you attributed to these guys MMS is like that exquisite diamond that will always sit inside the locked case who can only tantalize people but cannot make anyone happy(since Sonia and Co will never let his policies/Intelligence reach common man.)
    LK may not be that exquisite a diamond but he is not caged .I don't think he's a dunghill either.
    The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).

    My input regarding comparison of Manmohan and Advani.

    Manmohan.

    Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.

    Advani,

    He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..





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  • samay
    08-07 12:27 PM
    Hi

    Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?

    Thanks

    Yes.





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  • kshitijnt
    03-29 11:20 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.


    Precisely. I fully agree. This is not much different than what Zardari is doing to Sharif or what Musharraf has done to Sharif. Congress , BJP, BSP all together shown the world what kind of third rate democracy we are.

    Although Advani does not sound more polished than Manmohan, until Sonia, Rahul, Priyanka & Varun are out of politics, I do not intend to support Congress party. On what basis is Sonia Gandhi running the country? Any qualifications? Advani is more acceptable as a real power holder than remote control Sonia.





    NKR
    02-14 09:17 AM
    Sorry for pasting the below post in the wrong thread, but I thought that people not residing in MI will have the tendency to by pass the thread that WD's post was in. I felt that we need to recognize and appreciate the efforts of people who worked towards this issue. If I remember right, Mark, WD and others took their time off to testify in state senate.

    Immigration Voice in Detroit News

    --------------------------------------------------------------------------------

    http://www.detnews.com/apps/pbcs.dll...802140325/1008

    "One member of Immigration Voice, a group of foreign-born professionals in the United States, describes how he came to America in 1999 as an international student and was later hired on an H-1B temporary visa. His green card application has been pending for years. He has not visited his home country for five years and recently moved to Michigan from Missouri for work reasons.

    "My Missouri license will expire in days, and I can't get a Michigan driver's license. I can't walk 11 miles to work in this cold weather, since there is no bus service and I can't take time off to go to my home country" to attempt to obtain an "international" driver's license."
    __________________
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    kuhelica2000
    02-13 01:15 PM
    Finally you hit the nail on its head. That�s why the per country limit is there so no one country with larger population can monopolize any agenda the way you are trying to do with IV.

    On the contrary, fight for keeping the country limits will kill the movement as Indians who form more than 80% of IV will feel disillusioned and leave. Once that happens ROW can as well kiss the GC increase good bye.

    Like grupak mentioned real workable solution is 1) Increase overall numbers (will benefit ROW as well as oversubscribed countries) 2) Eliminate the meaningless country quota. If there is an increase in overall numbers removal of country quotas will have very low impact on ROW. This is the fact.

    But there are still some fanatics who pick up fights to keep the country quotas intact. If all of them quit IV damage will still be minimum, when compared to Indians (80% of IV) leaving. Movement will survive and thrive. How many ROW were there at DC rally? Of those present, half were on the stage. Of course I'm exaggerating, but not by much.

    My challenge to ROW members who keep on harping about the split in the movement - PARTICIPATE!! Just being active on the forum and posting a hundred posts doesn't make you part of the movement. I hardly see many ROW members volunteering or accepting leadership roles. Unlike EB immigration, IV is open to everyone no matter where you were born. We don't have any 7% quota per country ! And yet, why are the active volunteers, leadership, contributors - the REAL movement- is disproportinately Indian.

    Want to influence the movement, be a significant part of it. That's real democracy.



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