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  • akred
    02-15 11:11 PM
    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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  • snthampi
    08-02 11:15 PM
    One of the things that I've observed about these 'IBO's is that most often they are underachievers in general. Mostly staying home over the weekends, hardly any communication skills, no good friends (no your IBO partners are not your friends), low confidence and plain arrogance. They are asked not to take NO for an answer. So anything that you say against them annoys the hell outta them. I know I should not be using such derogatory language against any person but I seriously feel this corporation is plaguing our society big time.

    I have a co-worker who downs at least 5-6 cans of their flagship product 'XS Energy Drink' everyday. He hardly moves from his desk all day so why in the world would he need an energy drink for? One day, the rest of the team confronted him and asked him if he even knew what was in the energy drink. He quickly got angry and snapped back "VITAMINS!!!". We were like WTF? Since when did energy drinks started to have vitamins in them? Finally, I showed him the contents of the drink: #1 Taurine, #2 Caffeine. So it's nothing but fukking Red Bull. And we all know 'Red Bull gives you wings!'. Wish it gave you brains too.

    Another co-worker asked him if it'd be OK to give that drink to his 5 yo when he thought that it was alright for him to gulp gallons of it. He snapped again saying "OF COURSE! In fact she drinks small quantities of it everyday." A 5 year old kid drinking Red Bull. Can you beat that? Just coz this idiot wants to earn more points. That is when I got seriously pissed!

    Is it true that this guys makes his 5 year old kid drink something like Red Bull everyday? If it is true, that is inhuman and child abuse. I can't believe it. Can people go this low for money? Unbelievable.





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  • sunnymit
    07-30 02:37 PM
    I met this dude in Secaucus (NJ) Walmart yesterday. I was looking for an ice-cream so he pretended to do the same. Smiled at me once and then just as I was walking away from the ice-cream sections comes over with a very nice hello. Started talking to me "as they always do" but I think this time he forgot where he was. First asked me "Do you know where is a Walmart around here?", quickly realized he is in one right now, checked, and continued, "I mean, this is one but do you know another one around here?". Then "Do you know when this closes", "Is this 24/7 walmart". I mean.. seriously dude! You think I am the best person to answer those questions for you - why? Best of all, he says he just moved here from Harrison (NJ) which is like 5 miles from the Walmart he was in!

    Totally confused this guys, me thinks :)





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  • qvadis
    02-13 07:23 PM
    No. You are wrong..
    202 (e)(3) will not applicable, because of (a)(5).

    The third point excempts that ..

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    202(a)(5) was added by AC21!! That's exactly the change that allowed USCIS to give additional visas to over-subscribed countries.



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  • skrish
    09-25 11:48 AM
    The logic is that you are 'putting down roots' by buying a house. If all it takes is proof of closing a mortgage, one could always turn around and sell the house. somethng like that would undermine the credibility of IV in the medium/long run.

    I had initially advocated treating first time home buying as the same as marriage to an American citizen. In my opinion, that is a short,sweet,simple and sensible approach to follow that will also resonate/stick in lawmakers minds (rather than a long,rambling letter, no offense meant to the writers, it was quite well put together).





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  • ksvreg
    09-24 12:08 PM
    Good Question though!

    Worried that the data provided is inaccurate. If they provide accurate data (+/- 10%), follow the rules, then we can wait for our dates to turn in for years. But they always do math differently than any one else and move the visa bulletin dates which no one can understand how that was calculated.



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  • sumagiri
    07-23 02:07 PM
    that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.

    Legal, Thanks again. Also that is where exactly is the contradiction in analysis.

    In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.

    If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.

    If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.

    Please note that I am not making this complex. I am only pointing at complexities.





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  • imh1b
    01-13 01:07 PM
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf



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  • sanju
    09-23 06:28 PM
    i cant believe ppl think this is a brilliant idea..
    economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..
    did i wake up in a fools paradise...:eek:

    You are right, in times like these immigrants should not be welcomed with open arms so its time for you to pack-up and leave. Visit this website when you reach home and let us know you reached safely... safe travels.





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  • Openarms
    10-29 04:46 PM
    This is one of the dumbest idea ever discovered in this forum.



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  • vjkypally
    07-04 09:50 AM
    Just Digged all 3 links posted by Tikka





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  • mirage
    04-01 03:59 PM
    It doesn't cost you anything to make promises, also people are used to being ditched by politicians, so they don't complaint. I guess mostly people feel satisfied by just getting the glimpse of you if you are a celeberity, otherwise why would anybody vote for Sanjay Dutt(thank God Supreme court banned him) ? Govinda, Dharmendra, Jayapradha have proved to be worst MPs for their constituencies...Mirage, thanks for the correction..

    wondering what he is going to promise to people of Moradabad !?!



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  • gondalguru
    07-17 01:45 PM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    I think spill over will happen every quarter and EB2 I/C dates will move forward every month / two months.


    http://travel.state.gov/visa/frvi/bu...etin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)





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  • jsb
    05-29 01:55 PM
    Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.
    Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.

    Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.



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  • immigration_indian
    07-04 12:55 AM
    There is a link to file I REPORT ON CNN

    I have filed one

    http://www.cnn.com/exchange/





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  • kondur_007
    07-22 02:20 PM
    for EB3 - I guess it is good that they are not allowing concurrent /premium 140 filing ..am I right ? because if they make EB2 current and they cannot use up the visas then they would make EB3-ww available ? wishfull thinking ..but hope that it works / happens that way

    Yes, that is a wishful thinking.

    The issue for EB3 is this:
    There is already a big backlog of EB2 cases, and unless EB2 numbers overflow to EB3, it will not advance to any appreciable extent. (also the number of filers in EB3 is higher than in EB2: including large numbers in EB3 ROW--not just highly subscribed countries).
    It would be anybody's guess when EB3 will move; but my guess is: not for next 2-3 years and may be longer (I dont mean to offend anyone, this is just my guess) unless there is a change in law (likely to happen with new president).

    If I were EB3 today, this is what I would do: Try to get EB2. (and I do realize that it is very expensive, time consuming and merely impossible for many EB3). When I mentioned this in one of my previous posts, I got an angry reply "then EB2 will become like EB3"....BUT THIS JUST SOMETHING FROM THE STAND POINT OF SOMEONE IN EB3....remember, i dont want people ahead of me in line either (I am EB2 and people switching from EB3 to EB2 with older priority dates will only delay MY GC; this is just an opinion from the stand point of EB3).

    If you are EB3 (and PD is not VERY old), and if you can not switch to EB2; sit back and relax...be happy with your EAD and AP and it is only a matter of time (I know, it is easy to say and I really do not mean to offend anyone here, but that is the reality...).

    Good luck to everyone...



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  • hiralal
    06-11 11:04 PM
    your views are correct and analysis looks o.k. too the problem is even the genuine ones get flushed away ..survival of the fittest is not working now at all !!! say a person from worldwide comes in eb3 and say he is just a car mechanic (I know few from south korea who are in this situation) ..they get GC faster than Indian / Chinese EB2 / EB3 applicant (with 10 years experience and good bank balance)
    and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
    let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships
    again people are discussing the past and getting stuck in it and my post gets buried ..friends are you listening ??? enough talk !!!!!





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  • flygo
    10-04 02:27 PM
    I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.

    Just wonder how long it is gonna take, thanks for any headsup!





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  • Marphad
    03-27 03:11 PM
    Waiting for reply to learn this.

    Ek Student Gyan ki bhiksha maang raha hai bachcha.

    Still waiting. Can someone volunteer to teach me how to edit poll options after created?





    psaxena
    01-14 02:07 PM
    These rules has always been and so are they right now. Nothing is new in the memorandum. Some one publishes and one points and makes a comment and everyone else like a herd of sheep starts panicking...



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

    USCIS posts Q & A:
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)


    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





    reddymjm
    09-26 01:37 PM
    Bump



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