Macaca
06-28 08:04 PM
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.
My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!
I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.
My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!
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mbahunting
09-24 04:41 PM
What are the chances of someone like me with a PD of Nov 06 and who did not file 485 in 07. Will I be able to file 485 anytime soon? I am wondering how many of people like me are waiting - that may impact some of our date calculations based on the 485 numbers released by USCIS? Any insights?
RiaonH4
07-19 09:41 AM
--------------------------------------------------------------------------------
i have H1 (ETA 9035E) which has NAICS code and LCA code .. no ONET code....
My Green card labor ETA 9098 has NAICS (section C-8) same as my H1-B and SOC/O*NET(OES) code (section F-2) and nothing in Section H 10 - B ....
now what isthat i am suppose to match to use AC21. Employer only trannsfer H1B. Nothing is ususally done for 485 application unless RFE comes and we give USCIS a company letter showing job duties are same as previous job .....
what am i missing here cause i am surely missing something .....?????
Please suggest. Also people are mentioning score 100 with ONET code ... what is that and how is that used.
Please please suggest. This is so confusing !!!
-Ria
PS: this is for my husband .. a sucessful ac21 is required so that i can maintain my EAD (Derived)
i have H1 (ETA 9035E) which has NAICS code and LCA code .. no ONET code....
My Green card labor ETA 9098 has NAICS (section C-8) same as my H1-B and SOC/O*NET(OES) code (section F-2) and nothing in Section H 10 - B ....
now what isthat i am suppose to match to use AC21. Employer only trannsfer H1B. Nothing is ususally done for 485 application unless RFE comes and we give USCIS a company letter showing job duties are same as previous job .....
what am i missing here cause i am surely missing something .....?????
Please suggest. Also people are mentioning score 100 with ONET code ... what is that and how is that used.
Please please suggest. This is so confusing !!!
-Ria
PS: this is for my husband .. a sucessful ac21 is required so that i can maintain my EAD (Derived)
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Rb_newsletter
01-15 09:40 PM
1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
I just wanted to share the info that I know and I am not in L1.
They started cracking down L1s long before. Denials of L1 started atleast a year before. Nowadays some companies don't even apply for L1 extension from onsite. Because they know it will be denied. They apply extensions only after candidate goes back to home country.
But let us not hate each other among ourselves between L1, H1, F1 etc. At the end anyone is applying for L1/H1/F1 because there is a provision and it is completely legal.
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
I just wanted to share the info that I know and I am not in L1.
They started cracking down L1s long before. Denials of L1 started atleast a year before. Nowadays some companies don't even apply for L1 extension from onsite. Because they know it will be denied. They apply extensions only after candidate goes back to home country.
But let us not hate each other among ourselves between L1, H1, F1 etc. At the end anyone is applying for L1/H1/F1 because there is a provision and it is completely legal.
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nrk
01-14 01:57 PM
I don't see any problem for EAD and AC21 people
Will this rule effect on EAD and AC21 also?
Will this rule effect on EAD and AC21 also?
villamonte6100
12-14 12:30 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
You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.
If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.
Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.
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
You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.
If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.
Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.
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gcfriend65
08-31 10:12 AM
For the Police certificate at the Indian consulate, do they keep the passport for 45 days i.e. until clearance is received. Or do we get the passport back the same day on which we apply and then the certificate is sent later.
I am doing my Canadian Immigration myself.
It is fairly a simple and straightforward process. So my advice is "Do it yourself". Immigration lawyers do normally charge more that $1000 and make mistakes.
Since it takes around 1.5 years for the entire process to complete, send the application as soon as possible. Dont wait for gathering all the document! That will ensure that you get a early priority date. If more documents are needed, they will ask you. (Most people sent English Proficiency and Police Certificates after submitting the application, though they are required to be part of the initial application)
I can describe the procedure:
1. Calculate your points based on the information on Canada Immigration website. If it is more that 67, you are good.
2. To prove English proficiency, take IELTS test. You need to register for the test as soon as possible since some centers are always full. (Some of my friends who studied in USA skipped IELTS - rather they wrote a letter stating that they are proficient in English as they studied/worked in USA)
3. Make sure you have the required funds. It's around $13,000 for a 2 member family. (Again check the Canadian Immigration website for accurate info)
4. Get experience letters if you are claiming experience.
5. Get Birth Certificates and Police Certificates. If you are an Indian, the link you need to look for is http://www.indianembassy.org/newsite/misc_guide.asp
6. Though they do ask you to send US FBI Police Certificates, do it later. (They will ask you for updated FBI Police Certificates evenif you submit it earlier)
7. Fill the forms, attach the documents and send it!!!!
Visit http://www.canada-city.ca/canada-immigration/ or
http://www.immigration.ca/discussion/forum.asp?FORUM_ID=4 for further discussions.
I am doing my Canadian Immigration myself.
It is fairly a simple and straightforward process. So my advice is "Do it yourself". Immigration lawyers do normally charge more that $1000 and make mistakes.
Since it takes around 1.5 years for the entire process to complete, send the application as soon as possible. Dont wait for gathering all the document! That will ensure that you get a early priority date. If more documents are needed, they will ask you. (Most people sent English Proficiency and Police Certificates after submitting the application, though they are required to be part of the initial application)
I can describe the procedure:
1. Calculate your points based on the information on Canada Immigration website. If it is more that 67, you are good.
2. To prove English proficiency, take IELTS test. You need to register for the test as soon as possible since some centers are always full. (Some of my friends who studied in USA skipped IELTS - rather they wrote a letter stating that they are proficient in English as they studied/worked in USA)
3. Make sure you have the required funds. It's around $13,000 for a 2 member family. (Again check the Canadian Immigration website for accurate info)
4. Get experience letters if you are claiming experience.
5. Get Birth Certificates and Police Certificates. If you are an Indian, the link you need to look for is http://www.indianembassy.org/newsite/misc_guide.asp
6. Though they do ask you to send US FBI Police Certificates, do it later. (They will ask you for updated FBI Police Certificates evenif you submit it earlier)
7. Fill the forms, attach the documents and send it!!!!
Visit http://www.canada-city.ca/canada-immigration/ or
http://www.immigration.ca/discussion/forum.asp?FORUM_ID=4 for further discussions.
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imcdude
11-11 10:54 AM
While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.
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chanduv23
06-26 08:06 PM
DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
Which means what some of these lawyers are saying is not speculation but a definite possibility.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
Which means what some of these lawyers are saying is not speculation but a definite possibility.
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number30
04-01 05:27 PM
Well said !
He has mistrusted us. I do remember throwing his wiket by giving simple catch on mid-on/off and getting run out others ! When CBI raided his home, they found 3 -4 crore of watches in his jwell box. Wonder how much money he might have made with working top bookies ? He/Sanjay Dutt and other like them know that it might come back anytime so they are getting prepared politically.
Again, MERA BHARAT MAHAAN !
India Should go election reforms first. All these bad politicians are coming because of voters without responsibility are voting. For some 500Rs is like one weeks ration. So no wander if they sell this commodity. So for the voters we should put the qualifications like paying the taxes are having something like 10 acre of Land or certain education requirement. So that Politicians cannot bribe the voters easily. Also that would stop the announcement like free TV free Laptop. Like US during freedom war no representation no tax. In India it should be no tax no vote. That way we can curb pompous politicians.
In Some way need to avoid such nonsense.
He has mistrusted us. I do remember throwing his wiket by giving simple catch on mid-on/off and getting run out others ! When CBI raided his home, they found 3 -4 crore of watches in his jwell box. Wonder how much money he might have made with working top bookies ? He/Sanjay Dutt and other like them know that it might come back anytime so they are getting prepared politically.
Again, MERA BHARAT MAHAAN !
India Should go election reforms first. All these bad politicians are coming because of voters without responsibility are voting. For some 500Rs is like one weeks ration. So no wander if they sell this commodity. So for the voters we should put the qualifications like paying the taxes are having something like 10 acre of Land or certain education requirement. So that Politicians cannot bribe the voters easily. Also that would stop the announcement like free TV free Laptop. Like US during freedom war no representation no tax. In India it should be no tax no vote. That way we can curb pompous politicians.
In Some way need to avoid such nonsense.
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alterego
12-19 03:47 PM
Looks like this issue is finally getting some attention in both the lobbysphere and in the legislature. I was pleasantly surprised to see this on the yahoo techticker.
It is actually a very sensible partial solution. I hope it will be a part of a multipronged strategy to solve this. I am under no illusion that we alone can solve this, but we can help.
We are already an integral part of this economy but being prevented from contributing fully to it, by purchasing homes and investing into it. It hardly seems a radical approach to integrate us fully by giving green cards if we buy homes. Those who have secure jobs and rare skills are the ones who will buy. Those immigrants will help near and longer term.
It is actually a very sensible partial solution. I hope it will be a part of a multipronged strategy to solve this. I am under no illusion that we alone can solve this, but we can help.
We are already an integral part of this economy but being prevented from contributing fully to it, by purchasing homes and investing into it. It hardly seems a radical approach to integrate us fully by giving green cards if we buy homes. Those who have secure jobs and rare skills are the ones who will buy. Those immigrants will help near and longer term.
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rockstart
02-12 12:50 PM
Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?
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gimmeacard
07-21 06:18 PM
People can loose a lot of money in this "business"... 20K in 4 years is petty... literally.
Once you achieve some level in this business, your "uplines" start pestering you to do 300PV every month instead of 100PV. Each PV is about $2.50 + tax + Shipping so 300PV = $800 a month. Most of this $800 stuff is at least with 300% markup and many of the things that we didn't need. So even if we take $200 as waste out of $800, in 4 years, I lost $200x12x4 = $9,600
Now, off course no one puts a gun to your head to buy 300PV but the pressure is nothing less than that. Its very hard to explain just like hard to explain the Niagara Falls experience (this example I have used many times while contacting people).
..
Thanks EbiZash for explaining the details, i hear your pain, i would had jumped off the bridge after i failed in 3 months, no matter how much pressure, i would save my shirt first.
Its time you start hearing to your wife. i lost a good fortune in stocks too, so i am no avatar here :-)
Once you achieve some level in this business, your "uplines" start pestering you to do 300PV every month instead of 100PV. Each PV is about $2.50 + tax + Shipping so 300PV = $800 a month. Most of this $800 stuff is at least with 300% markup and many of the things that we didn't need. So even if we take $200 as waste out of $800, in 4 years, I lost $200x12x4 = $9,600
Now, off course no one puts a gun to your head to buy 300PV but the pressure is nothing less than that. Its very hard to explain just like hard to explain the Niagara Falls experience (this example I have used many times while contacting people).
..
Thanks EbiZash for explaining the details, i hear your pain, i would had jumped off the bridge after i failed in 3 months, no matter how much pressure, i would save my shirt first.
Its time you start hearing to your wife. i lost a good fortune in stocks too, so i am no avatar here :-)
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WeShallOvercome
07-11 06:33 PM
Can you share with us the steps (or a link maybe) to file on our own.? I have heard of Maple a lot and most of my friends in the west coast are going through them. That's why I referred their name here. Note: I am not paid to market them and they are very expensive :(
thks!!
lotr
Send me a PM and we can discuss. I filed myself for the whole family of 3 and didn't get a single question (RFE) asked.
thks!!
lotr
Send me a PM and we can discuss. I filed myself for the whole family of 3 and didn't get a single question (RFE) asked.
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jaithran
01-14 09:24 AM
First of all, I am neither a donor nor a person interested in spending any of my time & energy (Except filing documents and visiting forums like IV once in a while to check progress) in running behind this GC stuff, as that�s not my priority-simple. But I wish and would really be happy if I get my GC quicker as it got its benefits. Having said that, I am not against any kind of efforts volunteered by people/group, who are very serious about GC and I really respect and appreciate their efforts, but I think I have the freedom to express my sincere opinion.
Plainspeak really make some sense here because sometimes just getting satisfied with a patch up solution would be a bigger disaster in longer run. As person being here in US for a decade and being in the GC Queue for half a decade, I strongly believe EB2-I is never going to be current anymore and EB3-I is never going to get any spill over from the DV bill if passed in its current format. So the option left here is either take whatever you get and hope for the best OR (EB2 and EB3) together fight/work for the right thing to happen, instead of being silent just because you may be a beneficiary of the current format, though it�s not right. I hope everyone here will agree and accept that the right thing would be EB-3 getting at least 50% of spill over whatever EB-2 gets. IV may not succeed in that effort but IV being silent can never be justified.
Also Volunteering is something which you do for the benefit of others without any expectation and I really appreciate all the volunteers here for their efforts but, some of them often directly/indirectly pass derogatory comments on non-donors and non-volunteers especially when they differ on views and immediately they ask, how many congress men you met? � Which is inappropriate and it�s like saying either agree with what we say or shut up, if you are a not a volunteer or donor. And nothing wrong in you having a policy like that but in that case you can restrict the write access to only volunteers and donors. I am also totally against any non-donors/non-volunteers making derogatory comments on volunteers/donors as they deserve more appreciation than derogatory comments for what they do.
Plainspeak really make some sense here because sometimes just getting satisfied with a patch up solution would be a bigger disaster in longer run. As person being here in US for a decade and being in the GC Queue for half a decade, I strongly believe EB2-I is never going to be current anymore and EB3-I is never going to get any spill over from the DV bill if passed in its current format. So the option left here is either take whatever you get and hope for the best OR (EB2 and EB3) together fight/work for the right thing to happen, instead of being silent just because you may be a beneficiary of the current format, though it�s not right. I hope everyone here will agree and accept that the right thing would be EB-3 getting at least 50% of spill over whatever EB-2 gets. IV may not succeed in that effort but IV being silent can never be justified.
Also Volunteering is something which you do for the benefit of others without any expectation and I really appreciate all the volunteers here for their efforts but, some of them often directly/indirectly pass derogatory comments on non-donors and non-volunteers especially when they differ on views and immediately they ask, how many congress men you met? � Which is inappropriate and it�s like saying either agree with what we say or shut up, if you are a not a volunteer or donor. And nothing wrong in you having a policy like that but in that case you can restrict the write access to only volunteers and donors. I am also totally against any non-donors/non-volunteers making derogatory comments on volunteers/donors as they deserve more appreciation than derogatory comments for what they do.
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texanguy
09-23 02:20 PM
I think it would serve better to our community to channel our efforts toward eliminating the need of EAD and AP document and have I-485 receipt serve as those documents. It will take the pain away for the waiting people.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
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logiclife
01-01 01:08 AM
Here is the contact info of this author.
http://www.flight-capital.com/contact.html
His email is dh@flight-capital.com. The phone numbers are for his sales office of his book. I came to know about this guy from cable news show, I guess it was MSNBC, cant be sure.
I have already written a letter to this guy asking for help/suggestions. I will send a copy of that email to you too.
This man is legit. I found something more on this guy:
This is from : http://www.redherring.com/Article.aspx?a=14488§or=QAndA&subsector=PolicyMakersAndPundits#
In Flight Capital, Mr. Heenan says that 1,000 people a day leave the U.S. to return to their home countries. While few countries monitor the quantity and quality of talent that has exited and returned, he says these are the talented people who help drive the pace of innovation in tech centers like California�s Silicon Valley. �In the global war for top talent, our competitors aren�t taking prisoners,� he writes.In his travels and research, Mr. Heenan interviewed repatriates in eight countries, including Ireland, Iceland, India, Singapore, China, Taiwan, Israel, and Mexico. Eight of the 11 Americans who shared Nobel prizes in physics and chemistry in the past three years were born elsewhere, and nearly 40 percent of Massachusetts Institute of Technology graduate students are from abroad, notes Mr. Heenan, who has taught at the University of Pennsylvania�s Wharton School and Columbia University.
http://www.flight-capital.com/contact.html
His email is dh@flight-capital.com. The phone numbers are for his sales office of his book. I came to know about this guy from cable news show, I guess it was MSNBC, cant be sure.
I have already written a letter to this guy asking for help/suggestions. I will send a copy of that email to you too.
This man is legit. I found something more on this guy:
This is from : http://www.redherring.com/Article.aspx?a=14488§or=QAndA&subsector=PolicyMakersAndPundits#
In Flight Capital, Mr. Heenan says that 1,000 people a day leave the U.S. to return to their home countries. While few countries monitor the quantity and quality of talent that has exited and returned, he says these are the talented people who help drive the pace of innovation in tech centers like California�s Silicon Valley. �In the global war for top talent, our competitors aren�t taking prisoners,� he writes.In his travels and research, Mr. Heenan interviewed repatriates in eight countries, including Ireland, Iceland, India, Singapore, China, Taiwan, Israel, and Mexico. Eight of the 11 Americans who shared Nobel prizes in physics and chemistry in the past three years were born elsewhere, and nearly 40 percent of Massachusetts Institute of Technology graduate students are from abroad, notes Mr. Heenan, who has taught at the University of Pennsylvania�s Wharton School and Columbia University.
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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.
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.
hairstyles Free 3D Fireworks
dealsnet
09-03 11:37 PM
We cannot judge when some one who is no more. No court will punish any one after death. If he is bad, he will face the final JUDGEMENT with every one.
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
tikka
07-03 10:39 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
please DIGG
Thank you
please DIGG
Thank you
amitjoey
07-03 04:57 PM
What did you put in the subject field.. It is very important to have right words in subject field so at least they will open the email and see what's in it..
"Immigration scandal goes unnoticed"
or "USCIS drama and tantrum to lessen workload"
or "Is this legal?"
or "Resignations due at USCIS"
or "Foul Play synonym USCIS Play"
"Immigration scandal goes unnoticed"
or "USCIS drama and tantrum to lessen workload"
or "Is this legal?"
or "Resignations due at USCIS"
or "Foul Play synonym USCIS Play"
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