Tuesday, August 9, 2011

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  • angelfire76
    01-14 03:38 PM
    I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?

    cinqsit

    Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.





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  • abhijitp
    07-03 08:17 PM
    please let me know. i have prepared an excel spreadsheet of contacts from previous IV threads + couple other sites on the web





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  • Caliber
    09-04 01:03 PM
    You moron coming from the slum region or any other place in Bihar.
    You don't know about keralites.
    100% Literacy.
    Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
    It is God's own country.
    Visit and see the details.
    Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
    Do you ???? You are _TrueFacts aka poorslumdog aka insider

    DEALSNET: You got answers for your own questions. Please understand that every one in Andhra also wanted to live the way you guys enjoy in Kerala. But this guy YSR and his son Jagan grabbed every thing in Hyderabad. If you do not giveyour property, they will kill. They killed 174 people. They even intimidated Judges.

    It is Jesus Christ that killed YSR for using his name and doing all worst things that a common man can not even imagine.

    By the way what is "APPARTMENT?





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  • rajsenthil
    05-01 05:43 PM
    And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

    The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.

    I did not travel to SL but had one my classmate from SL. He is an SL Tamilian and joined me in my school. His parents were taken for interogation and they never returned. Father was killed during interogation and mother died in between the clash. He was bundled in the truck by his neighbor and shifter to India. I dont believe that SL Tamils are treated equally. I really hope that there would be an end to their sufferings. It is unfair to make an incorrect statement. Their own Army Chief Pon Sekara made a open statement that the SL Tamils has to live like a secondary citizens. When thousands of innocent people are dying and trying to justifying is equal to committing the murder.

    The blunder LTTE did is assassinating Rajiv Gandhi. But again Indira Gandhi was assasinated. Even the SL PM Rajapakse assassinated the editor who has written a column about the civilians sufferings.

    I accept that terrorism is not the solution. It is easy to tell that way from a safe place and hidden from the truth.



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  • 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.





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  • gjoe
    02-15 09:38 AM
    Modern Day Slavery in the 21st century

    Any person who is restricted from making travel choices, employer choice, personal choices beneficial to himself and his family, just because his employer or the goverment is restricting him in some form to make monetary benefit for itself, is called a slave.
    I have reached the critical mass in me to take this up on my own, any legal advice and moral support from you guys would be appreciated.

    Thanks

    The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.

    In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.


    http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)

    At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:

    “ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.


    http://en.wikipedia.org/wiki/Involuntary_servitude :

    Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.



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  • snathan
    01-19 02:00 PM
    Check my post . I withdrawn my post after realizing that it was not amusing to others. What else I could have done other then withdrawing my post ? How do you feel I should react when some one has gone personal ? Just giving lip service will not do good either. Where is the plan ? Did I said in my post anywhere that I will create hurdles for any movement for opposing this memo ? Mind it so many rules like AC21 or working for new employer just after transferring H1b never came out of any immigration forum thread. Gold rush of 2007 was result of Aila efforts . It all came after AILA negotiated with USCIS and I am keeping my eyes there. I am checking most sites because am worried too . Unfortunately people are forcing me to praise and sing for my ex employer which I will never do.Venting against my ex and supporting the memo are two different things.Anyway
    I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.

    I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.





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  • go_guy123
    01-28 04:11 PM
    :mad: They should stop the so called substitution.

    USCIS was trying to abolish this substitution. The lawyer lobby opposed it.
    There are too many well funded vested interest groups, so we are getting screwed. I have no hope/expections of GC relief...only more H1B quota making things worse.



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  • oguinan
    02-15 11:48 PM
    ouignan,

    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 enjoyed that article, it's a great find. To be fair, it does offer both opinion and history. I do agree that the 7% limit is unfair but the answer is to increase the supply of green cards so that all qualified applicants get their green cards. The racial element is something everybody should be aware of. It's important that we all have a good understanding of the history of the immigration laws, in the united states and elsewhere. Perhaps "History of Immigration Laws" would be an interesting thread on it's own. At the very least we should add the wikipedia references that we discussed earlier into the resources section.





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  • paskal
    02-14 02:48 PM
    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?

    but actually an administrative fix is a very real possibility. the administration is currently willing and friendly to this kind of action. we need to draw their attention to the urgency of the matter and the need to act quickly. a lawsuit, if it were to happen is many years away. anyway USCIS cannot recapture any GC on it's own, so it will have to wait for a final verdict and order to do anything..assuming success.

    therefore i would strongly suggest promoting the admin fixes campaign at this time, we do not want to lose this opportunity. this is not an either/or situation. writing letters does not take away from any other ideas etc.
    a failure would not bode well in general when it is because of lack of participation. i want to hasten to add that letters have reached in the thousands now- but we need more, many more. please keep up the efforts, and thanks to the many that are working on this now...!

    also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.

    just my 2c.



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  • pmb76
    04-01 03:33 PM
    The BJP is the only party that can lead India in a sane manner. The various issues that stand before India :
    - Free market reform that has been strangled by the communists and congress
    - National security . For the congress and other so called secular forces - criticizing terrorism/pakistan is tantamount to criticizing Islam. They jail Varun Gandhi for making divisive comments(agreed that the comments are in bad taste) but what about the Imam Bukharis and Mulayam singhs who make divisive comments every single day.
    - The concept of nationalism and pride was first felt during the years when Vajpayee was PM. To be honest I never felt proud to be Indian until AB Vajpayee became PM
    - Infrastructure development. The BJP is more free market than any other party. the Vajpayee administration started so many infrastructure schemes like the golden quadrilateral national highway and various others.
    - The BJP is the only party with true nationalists. You may blame them for being right wing hindus but they have more secular credentials than the congress or other so called secular forces. Now let's get this straight - Radical Islam is the biggest threat to world peace and the BJP is the only party at the national level that recognizes this threat.

    Agreed that there could be corruption in the BJP/NDA as well but atleast you know what you are getting into. Manmohan Singh is the weakest PM India has ever had whose sole goal in life is to please his masters - the Gandhi family.
    All in all you will find faults with everyone - you have to back the least of all evils.





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  • AirWaterandGC
    05-12 08:04 AM
    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.

    A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
    If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

    Dont know about the reapplying part. Never heard of anyone having done it.



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  • lc1978
    01-13 02:23 PM
    Long 19 page memo - but loud and clear for many scenarios -
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

    This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).

    Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

    This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.

    Wish the best for all affected folks.
    Pray and hope the GC dream is realized faster for all.

    Best Wishes

    Regards





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  • bestia
    02-16 03:36 PM
    bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
    u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
    again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
    peace.. have a soccer game now.. c u later

    I guess, you still have to answer the question: "How keeping people who are in US, having kids and families, on EAD/AP for years serves the purpose of diversity?"

    Ow, I can convince a lot of people, by saying that US government wasted thousands of visas for countries without any country caps. Therefore "diversity" is a lousy and crappy excuse, the real problem is a complete mess, obsolete laws, corruption, and laziness of USCIS.



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  • shreekarthik
    06-22 09:23 AM
    so where can I get labor for sale ?





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  • satishku_2000
    01-23 04:58 PM
    I appreciate that, I dont want IV to be dragged into any unnecessary controversy ..



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  • xela
    02-13 02:57 PM
    What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by

    YEs all the people I know around me are ROW EB3 and PDs 2002 and 2003 and no GC, so please stop thinking we have it so good!


    With regard to the per country limit.....there is only one for the first 3 quaters and it seems like in the last couple of times in the last quater India and Chine and maybe Phillipines did end up getting more GCs than their per country limit, at least I was so informed by my lawyers.

    Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.

    Some EU countries are doing the exact same thing by the way.
    I do believe in diversity in any way and shape, and I do not stand for discrimination. I am just trying to face the reality.
    I also have days when I wonder about leaving my own country which provided me with a wonderful education and how I am taking away from that country by leaving for my own success? if you don't have days when you feel guilty good for you.

    take care





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  • sobyb
    05-01 06:19 PM
    "No politics can justify killing of innocent people...if congress and India can not get over themselves and help fellow Indians" ... "It is a shame India does not act to protect the interests of its citizens even after this news came up"

    The person who opened this thread is not clear about the difference of 'Indian Citizen' and 'Indian Origin' (or Ethinic Indian). Any kind of discrimination faced by these people in their respective countries should be addressed in a non-violent manner and the current world order has its own mechanism to check such acts by majorities/minorities (atleast you get the relevant attention/care if you are not on the wrong side). Terrorism is not the solution to any discrimation ..period! and carrying out terror attacks on the supporting country (Rajiv Gandhi's killing) would only worsen the scenario.
    India should work with Srilankan govt to establish democracy, peace and equality in Tamil majority areas and make sure that organizations like LTTE doesn't get the upper hand once again in those areas.





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  • lskreddy
    04-22 06:36 PM
    Check your messages Suresh. Thanks.





    singhsa3
    03-02 08:40 PM
    Belling the Cat
    Long ago, the mice (folks on this forum) held a general council to consider what measures they could take to outwit their common enemy, the cat (read USCIS). Some said this, and some said that; but at last a young mouse got up and said he had a proposal to make, which he though would meet the case.
    "You will all agree," said he, "that our chief danger consists in the sly and treacherous manner in which the enemy approaches us. Now, if we could receive some signal of her approach, we could easily escape from her. I venture, therefore, to propose that a small bell be procured, and attached by a ribbon round the neck of the cat (read lawsuit to be filled against USCIS) . By this means we should always know when she was about, and could easily retire while she was in the neighborhood."
    This proposal met with general applause, until an old mouse got up and said, "That is all very well, but who is to bell the cat?"
    The mice looked at one another and nobody spoke. Then the old mouse said, "It is easy to propose difficult remedies."





    raveen
    08-02 06:02 PM
    Hello sir, I am on H1B, a new company is hiring me and they have little knowledge about h1b issues, my h1b transfer is not filed yet, they are 100% sure that they r gonna hire me, but I haven't decided whther to work with them or not, the other day I went to their office to fillout the application for background check but they made me fill out all the forms that a candidate has to fill during the hiring process, they went ahead and filled my I-9 and w-4 forms too. I was thinking that it's all a process of pre-hiring,but after coming home I did a little research and found out that I-9 has to be filled after they transfer my h1b, do you think is it gonna be a problem?I e-mailed them not to put me in the system, did I violate any law by getting hired by them before even my visa transfer process is started?ofcourse I didn't start my work and I am not going to start until my visa tranfer is done. The employment is at will and I didn't sign any contract with them, do you think they will create any problems for me in future(if they want to)?b'cos I haven't decided to work wth them yet and I may tell them that I am not gonna join them. Please advice me I am really tensed.
    Thanks in advance



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