chanduv23
09-22 06:59 AM
Thanks for attending rally...yes, you will see lot of Indians taking back seat..just forget them and lets move forward.
Yes, and the only reason I see is LAZINESS, COWARDICE, SELFISHNESS AND ATTITUDE
Yes, and the only reason I see is LAZINESS, COWARDICE, SELFISHNESS AND ATTITUDE
photo calendar design. Calendar 2010
felix31
07-24 11:45 AM
joining the club...
my I-485 was nicely pending @ TSC, and the company just sent H1 papers off to VSC for processing, so I can come back on H1. I am currently sitting in London (working for my GC employer from their UK office), when I got the Card Production E-mail. My previous H1 approval expired in March.
My EAD will expire next month, as well as AP. So, here is the rub, they will not let me come back to US on AP since system shows GC approved, H1 will be rejected since GC is approved.
needless to say PD is not current. I kind of remember having an approved RIR Labor with PD June 2004, but I dont remember having sent for I-140...No idea what to do and how to check that.
Dont trust company's lawyer, and I sent all I-485 papers by myself back in July 2007. I have an attorney that I bug from time to time but he is on vacation now...
So... am I completely screwed...?
My employer transfered me from US to UK couple of months ago, now they are transfering me back. I did go for H1 stamping in Dec here in London and IO said something like, my GC is taking too long, he will check why I dont already have it..
Just venting here, no clue whom to talk to next....
Any suggestions are welcome...
my I-485 was nicely pending @ TSC, and the company just sent H1 papers off to VSC for processing, so I can come back on H1. I am currently sitting in London (working for my GC employer from their UK office), when I got the Card Production E-mail. My previous H1 approval expired in March.
My EAD will expire next month, as well as AP. So, here is the rub, they will not let me come back to US on AP since system shows GC approved, H1 will be rejected since GC is approved.
needless to say PD is not current. I kind of remember having an approved RIR Labor with PD June 2004, but I dont remember having sent for I-140...No idea what to do and how to check that.
Dont trust company's lawyer, and I sent all I-485 papers by myself back in July 2007. I have an attorney that I bug from time to time but he is on vacation now...
So... am I completely screwed...?
My employer transfered me from US to UK couple of months ago, now they are transfering me back. I did go for H1 stamping in Dec here in London and IO said something like, my GC is taking too long, he will check why I dont already have it..
Just venting here, no clue whom to talk to next....
Any suggestions are welcome...
photo calendar design. 2009 Calendar design by Nu.
nyte_crawler
04-10 12:29 PM
And this new caste system of the DONOR forum which basically says screw you to everyone who has spent time, money or effort on IV and completely goes against the "Change for fairness and Justice" mumbo jumbo is a step in the right direction, IV needs to give way to an actual movement that actually does something and this DONOR forum concept will certainly go a long way in the marginalization of this site and community.
I completely understand what chaanakya is saying and I have a similar opinion. I understand the concept of "Donor" form and it exclusivity of information if you donate. If I question about the concept, I know I will be put down and if IV wants to move in that direction to reach the goals then so be it. So let me spare you from typing anything against my opinion. The only thing I would want to know is who is the "CORE" of IV now ? I vaguely remember it was up in the website somewhere when I joined in 2006. I don't see it anymore.
I completely understand what chaanakya is saying and I have a similar opinion. I understand the concept of "Donor" form and it exclusivity of information if you donate. If I question about the concept, I know I will be put down and if IV wants to move in that direction to reach the goals then so be it. So let me spare you from typing anything against my opinion. The only thing I would want to know is who is the "CORE" of IV now ? I vaguely remember it was up in the website somewhere when I joined in 2006. I don't see it anymore.
photo calendar design. Corporate Calendar Design
smisachu
09-20 11:35 AM
I realized the clout that IV has grown when we got the Visa Bulletin reversal. This clout will only get stronger as Logiclife has explained. If you relate to politics in your own countries, the bigger the crowd at a politicians meeting; the bigger his clout. They can hire people to lobby for them and follow them around as a show of strength. Similarly in US if more organizations support a politician and if they can lobby independently for his agenda, it is a show of strength for him.
If you have observed election campaigns, you will see that all the ads are "Paid for" by some third party claiming no direct relation to the politician. This is the support structure in US and now after the rally IV is an organization which can provide such support as a return favor to our agenda being pushed ahead.
For the guys who sat on the sidelines and snickered at us, you have to realize we are the "brightest and the best" and we will not do something for the sake of doing it unless we know what the effects of such actions will be. We always see the big picture so just join us and work for this cause which is critical to all of us.
If you have observed election campaigns, you will see that all the ads are "Paid for" by some third party claiming no direct relation to the politician. This is the support structure in US and now after the rally IV is an organization which can provide such support as a return favor to our agenda being pushed ahead.
For the guys who sat on the sidelines and snickered at us, you have to realize we are the "brightest and the best" and we will not do something for the sake of doing it unless we know what the effects of such actions will be. We always see the big picture so just join us and work for this cause which is critical to all of us.
more...
photo calendar design. Best 2011 Calendar Design
walking_dude
10-10 02:37 PM
CagedCactus,
Can you PM me your phone number? I already PMed you mine sometime back.
You can call me or I'll call you. Eitherway it's fine. Lets talk
Can you PM me your phone number? I already PMed you mine sometime back.
You can call me or I'll call you. Eitherway it's fine. Lets talk
photo calendar design. Calendar Design: Progress
mhtanim
09-12 07:23 PM
I am not a lawyer, but this is what my understanding: if your I-485 was is pending for at least 180 days and your I-140 was approved at the time when you used AC21, you should be safe. In this scenario, even if the ex-employer revokes your I-140, you should be fine and if USCIS has denied your I-485 based on this, you should be able to fight it.
USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.
I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.
I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.
more...
photo calendar design. Calendar design portfolio
nb_des
07-17 04:01 PM
This is all happening because of labor substitution. I don't think there are that many people from 2001 and 2002 still continuing with same position. But now since labor is getting cleared from backlog companies use it substitute to other candiadtes and priority date never moves forward.
Why cannot they just terminate labor substitutuion. It is really unfair to those who are waiting in line.
Why cannot they just terminate labor substitutuion. It is really unfair to those who are waiting in line.
photo calendar design. calendar design by ciptalima
randomness
03-20 07:11 PM
In my case it was a new H1B ... for Company B.
I hope it is the same with him.
Thanks for clarifying.
I hope it is the same with him.
Thanks for clarifying.
more...
photo calendar design. calendar design 2010.
rajsand
09-20 01:51 PM
Yeah Macaca
That hurts to see so many people using IV for tracking receipts on the day of the rally but not participating in the struggle IV is putting up just for them!!
But know what I think as members we have really considered all of them as one..! I mean.. we should have given special attention to DC and the neighbouring states to fetch in max people.. 'coz we can depend on them for proximity..! we have majorly focussed on getting people from various states..well that again paid off .. 'coz news articles particularly mentioned people flew in from states as far as CA etc..
We cannot consider a person from texas or seattle to be the same as one in DC / VA .. Its definitely hard to convince to attend a rally .. how can we convince to take a day/2 off and travel leaving family and rest !!
Its sounds good and practical for some but many others will not concur!
I think we learn from our doings...! we should next time try and rope in as many locals as possible than depend on people coming from afar!
That hurts to see so many people using IV for tracking receipts on the day of the rally but not participating in the struggle IV is putting up just for them!!
But know what I think as members we have really considered all of them as one..! I mean.. we should have given special attention to DC and the neighbouring states to fetch in max people.. 'coz we can depend on them for proximity..! we have majorly focussed on getting people from various states..well that again paid off .. 'coz news articles particularly mentioned people flew in from states as far as CA etc..
We cannot consider a person from texas or seattle to be the same as one in DC / VA .. Its definitely hard to convince to attend a rally .. how can we convince to take a day/2 off and travel leaving family and rest !!
Its sounds good and practical for some but many others will not concur!
I think we learn from our doings...! we should next time try and rope in as many locals as possible than depend on people coming from afar!
photo calendar design. A5 Desk calendar Design
alterego
09-22 12:02 PM
All that is being said is very true. Petitioning the US gov't is as American as apple pie. As aspiring Americans we can only be respected for this, if we do it politely and peacefully.
People who put in a herculean effort (not to be underestimated by anyone here) to organize the rally and surrounding activities, broke their backs trying to lay a platform for the rest of us to communicate our case. It is only natural that when they get the lamest of lame excuses, they feel upset.
Every one of us has skin in this game. We need to find some way to lend our weight to this issue rather than just passing time on this or other websites. It is really unclear to me why in America, the most free society on the face of the earth, people feel unmotivated, inert, insecure etc to press what is a most legitimate grouse.
Let me give you a few points that might convince you in this issue. For most of us:
1) We are here at the behest of our employers or the US Gov't (NIW cases). Not on our own accord or illegitimately.
2) The US gov't has certified that our jobs do not have suitably qualified americans to take them.
3) The US Gov't has approved our immigrant petitions.
4) We are in a period of inordinate delay to complete the steps due to a variety of factors, including bureaucratic delays, inordinately long security checks(BTW bad for both us and the country) and an inadequate supply of visa numbers for the number of approved petitions.
5) We are asking the US Gov't to fix this issue and treat us fairly and not make us wait 6-10 yrs for no clear reason.
6) We are asking them to be more straightforward in their policy and to stop sending mixed signals.
Above all we are doing it in the most American of ways. Peacefully petitioning and lobbying the government. Most broad minded Americans can and do relate to this.
People who put in a herculean effort (not to be underestimated by anyone here) to organize the rally and surrounding activities, broke their backs trying to lay a platform for the rest of us to communicate our case. It is only natural that when they get the lamest of lame excuses, they feel upset.
Every one of us has skin in this game. We need to find some way to lend our weight to this issue rather than just passing time on this or other websites. It is really unclear to me why in America, the most free society on the face of the earth, people feel unmotivated, inert, insecure etc to press what is a most legitimate grouse.
Let me give you a few points that might convince you in this issue. For most of us:
1) We are here at the behest of our employers or the US Gov't (NIW cases). Not on our own accord or illegitimately.
2) The US gov't has certified that our jobs do not have suitably qualified americans to take them.
3) The US Gov't has approved our immigrant petitions.
4) We are in a period of inordinate delay to complete the steps due to a variety of factors, including bureaucratic delays, inordinately long security checks(BTW bad for both us and the country) and an inadequate supply of visa numbers for the number of approved petitions.
5) We are asking the US Gov't to fix this issue and treat us fairly and not make us wait 6-10 yrs for no clear reason.
6) We are asking them to be more straightforward in their policy and to stop sending mixed signals.
Above all we are doing it in the most American of ways. Peacefully petitioning and lobbying the government. Most broad minded Americans can and do relate to this.
more...
photo calendar design. Calendar design
prince_charming
09-17 09:06 PM
Exactly the point that leads me to believe this:
ARE THEY SENDING EVERYTHING TO THE OLD LAWYER???
If they never updated the lawyer info....(AC21 papers being lost is not unusual at all, it happens commonly, as there is no set form for it, mail room does not know what to do with it and so it gets misplaced). However, even if they did not have AC21 info, they would have sent an RFE or at least NOID. All these could be LOST if they went to OLD attorney.
So Infopass is a good idea. To at least get this info and also to get the actual denial notice which may have to to the old attorney as well (to see on what grounds they denied it so you can file MTR accordingly).
Of course, a good attorney is a must.
All in all, I think, it should be ok at the end of the day (just a painful waiting period full of uncertainty) unless they revoked it based on some misrepresentation.
Good Luck.
I tried to get the denial reason but InfoPass doesn't seem to have that information or doesn't wanted to provide me because it;s denied on 12th they wanted me to wait for 2-3 days more for denial notice.
ARE THEY SENDING EVERYTHING TO THE OLD LAWYER???
If they never updated the lawyer info....(AC21 papers being lost is not unusual at all, it happens commonly, as there is no set form for it, mail room does not know what to do with it and so it gets misplaced). However, even if they did not have AC21 info, they would have sent an RFE or at least NOID. All these could be LOST if they went to OLD attorney.
So Infopass is a good idea. To at least get this info and also to get the actual denial notice which may have to to the old attorney as well (to see on what grounds they denied it so you can file MTR accordingly).
Of course, a good attorney is a must.
All in all, I think, it should be ok at the end of the day (just a painful waiting period full of uncertainty) unless they revoked it based on some misrepresentation.
Good Luck.
I tried to get the denial reason but InfoPass doesn't seem to have that information or doesn't wanted to provide me because it;s denied on 12th they wanted me to wait for 2-3 days more for denial notice.
photo calendar design. Calendar design for JETTI
dvb123
01-11 11:00 PM
http://docs.google.com/viewer?a=v&q=cache:YQ8A5L4qUTMJ:www.shsu.edu/~kmd007/documents/WinFSHD2Userskmd007ArticlesDouglas-NationalOriginsSystem-1.pdf+supreme+court+national+origins+quota+1924&hl=en&gl=us&sig=AHIEtbT24Qc157BZXxEE8b4o6Fcrv-YXTw
Consequences of the
National Origins Act
The goal of the National Origins Act was to control
both the quantity and quality of U.S. immigrants in an
effort to prevent further erosion of the ethnic composi-
tion of U.S. society. The law accomplished this goal
using three mechanisms: capping the overall number of
immigrants allowed into the United States in a given
month and year; favoring immigrants from certain
countries; and screening out otherwise qualified immi-
grants as unsuitable to the United States during the visa
screening process. The sorting mechanism heavily
favored northern and western European countries. The
temporary formula of 2% of the foreign-born of each
nationality in the 1890 census gave 85% of the quotas
to northern and western European nations. The national
origins system fully implemented in 1929 continued
the trend of both overall restriction and nation bias.
Indeed, the act virtually halted all immigration from
southern and eastern Europe. Thus, European immigra-
tion dropped from more than 800,000 in 1921 to less
than 150,000 by the end of the decade.
In addition to controlling the volume of immigra-
tion from Europe, the National Origins Act also
allowed a mechanism for selection of immigrants as
well. In its creation of consular offices abroad, the act
provided a frontline screening mechanism for select-
ing out those deemed unsuitable for the United States.
http://www.law.cornell.edu/uscode/42/usc_sec_42_00001981----000-.html
� 1981. Equal rights under the law
How Current is This? (a) Statement of equal rights
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_IX.html
TITLE 42 > CHAPTER 21 > SUBCHAPTER IX > � 2000h–2Prev | Next � 2000h–2. Intervention by Attorney General; denial of equal protection on account of race, color, religion, sex or national origin
How Current is This? Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, sex or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.
http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_I.html
PART THREE
ORGANISATIONS TO CONTACT - IV CORE PLs endorse this so that a few members will help me. OTHER MEMBERS CAN FORM GROUPS AND CONTACT THESE OFFICES.
American Immigration Council
1331 G Street, NW, Suite 200
Washington, DC 20005-3141
Tel.: 202-507-7500
Fax: 202-742-5619
Carl Shusterman
Law Offices of Carl Shusterman
600 Wilshire Blvd, Suite 1550, Los Angeles, CA 90017
Tel (213) 623-4592 Fax (213) 623-3720
National Origin, Immigration and Language Rights Program
The Legal Aid Society - Employment Law Center
600 Harrison Street, Suite 120
San Francisco, CA 94107
Telephone (415) 864-8848
Fax: (415) 864-8199
TTY/TDD Line: (415) 593-0091
Email: info@las-elc.org
American Civil Liberties Union (ACLU)
125 Broad Street, 18th Floor
New York, NY 10004 USA
Phone: (212) 344-3005
URL: http://www.aclu.org/
Center for Equal Opportunity (CEO)
14 Pidegon Hill Drive, Suite 500
0 Sterling, VA> 20165 USA
Phone: (703) 421-5443
Fax: (703) 421-6401
E-Mail: comment@ceousa.org
URL: http://www.ceousa.org/
Primary Contact: Linda Chavez, President
Equal Employment Opportunity Commission (EEOC)
1801 L Street, N.W.
Washington, DC 20507
Phone: (202) 663-4900
URL: http://www.eeoc.gov/
National Association for the Advancement of Colored People (NAACP)
4805 Mt. Hope Drive
Baltimore, MD 21215
Phone: (410) 521-4939
URL: http://www.naacp.org/
E-Mail: members@naacp.org
PART TWO
LEGAL RESEARCH - EVERYBODY CAN CONTRIBUTE ABOUT COURT CASES, PRECEDENTS ETC AND I WILL TRY TO CONSOLIDATE ALL THE REPLIES HERE
Different Supreme Court Decisions
http://public.findlaw.com/civil-rights/race-discrimination/race-discrimination-history.html
Gratz v. Bollinger
http://en.wikipedia.org/wiki/Gratz_v._Bollinger
In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1
Bakke vs Regents
http://en.wikipedia.org/wiki/Bakke_v._Regents
Supreme Court Opinions
http://caselaw.lp.findlaw.com/data/constitution/amendment14/20.html
http://caselaw.lp.findlaw.com/data/constitution/amendment14/30.html
Articles
http://www.usatoday.com/news/washington/judicial/2009-04-20-supreme-court_N.htm
http://www.enotes.com/everyday-law-encyclopedia/racial-discrimination#constitutional-protection-against-racial
PART ONE
This is an old topic but I thought I would post some interesting info that I found. Give me green before someone drowns me in red.
Equal Protection Clause - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Equal_protection)
The Supreme Court has defined these levels of scrutiny in the following way:
Strict scrutiny (if the law categorizes on the basis of race or national origin or infringes a fundamental right): the law is unconstitutional unless it is "narrowly tailored" to serve a "compelling" government interest. In addition, there cannot be a "less restrictive" alternative available to achieve that compelling interest.
In Bakke, the Court held that racial quotas are unconstitutional, but that educational institutions could legally use race as one of many factors to consider in their admissions process. In Grutter and Gratz, the Court upheld both Bakke as a precedent and the admissions policy of the University of Michigan law school. In dicta, however, Justice O'Connor, writing for the Court, said she expected that in 25 years, racial preferences would no longer be necessary. In Gratz, the Court invalidated Michigan's undergraduate admissions policy, on the grounds that unlike the law school's policy, which treated race not as one of many factors in an admissions process that looked to the individual applicant, the undergraduate policy used a point system that was excessively mechanistic.
In these affirmative action cases, the Supreme Court has employed, or has said it employed, strict scrutiny, since the affirmative action policies challenged by the plaintiffs categorized by race. The policy in Grutter, and a Harvard College admissions policy praised by Justice Powell's opinion in Bakke, passed muster because the Court deemed that they were narrowly tailored to achieve a compelling interest in diversity. On the other side, it is argued that the purpose of the Equal Protection Clause is to prevent the socio-political subordination of some groups by others, not to prevent classification; since this is so, non-invidious classifications, such as those used by affirmative action programs, should not be subjected to heightened scrutiny.[30]
One law firm I found dealing with Federal Litigation. There maybe many.
http://www.vblaw.com/PracticeAreas/Federal-Litigation-Appeals.asp
Should we not look at this option when Mexico's ambassador to the United States said Friday he expects immigration reform is unlikely to pass in that country in 2010 because of unemployment and midterm elections?
http://www.nytimes.com/aponline/2010/01/08/world/AP-LT-Mexico-US-Migration.html
Antis are ahead of us in taking lawsuits to supreme court
http://www.infoworld.com/d/adventures-in-it/tech-workers-take-h-1b-case-supreme-court-024
OPINION JULY 1, 2009 The Supreme Court Says No To Quotas
Residents in a burning building want competent firefighters. They don't care about the race of those whose job it is to save them.
http://online.wsj.com/article/SB124640586803076705.html
VERY INTERSTING ARTICLES ABOUT THIS PER COUNTRY QUOTAS
http://www.time.com/time/magazine/article/0,9171,846255,00.html
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
http://en.wikipedia.org/wiki/Immigration_Act_of_1924
http://en.wikipedia.org/wiki/National_Origins_Formula
The 1921 Emergency Quota Act restricted immigration to 3% of foreign-born persons of each nationality resident in the United States in 1910.
The Immigration Act of 1924 provided that for three years immigration will be restricted to 2% based on the census of 1890, and that after June 30, 1927, total immigration from all countries will be limited to 150,000 based upon national origins of white inhabitants as shown by the census of 1920.
http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses
http://homepage3.nifty.com/ubiquitous/Japanese-Americans_E/Page05.htm
Consequences of the
National Origins Act
The goal of the National Origins Act was to control
both the quantity and quality of U.S. immigrants in an
effort to prevent further erosion of the ethnic composi-
tion of U.S. society. The law accomplished this goal
using three mechanisms: capping the overall number of
immigrants allowed into the United States in a given
month and year; favoring immigrants from certain
countries; and screening out otherwise qualified immi-
grants as unsuitable to the United States during the visa
screening process. The sorting mechanism heavily
favored northern and western European countries. The
temporary formula of 2% of the foreign-born of each
nationality in the 1890 census gave 85% of the quotas
to northern and western European nations. The national
origins system fully implemented in 1929 continued
the trend of both overall restriction and nation bias.
Indeed, the act virtually halted all immigration from
southern and eastern Europe. Thus, European immigra-
tion dropped from more than 800,000 in 1921 to less
than 150,000 by the end of the decade.
In addition to controlling the volume of immigra-
tion from Europe, the National Origins Act also
allowed a mechanism for selection of immigrants as
well. In its creation of consular offices abroad, the act
provided a frontline screening mechanism for select-
ing out those deemed unsuitable for the United States.
http://www.law.cornell.edu/uscode/42/usc_sec_42_00001981----000-.html
� 1981. Equal rights under the law
How Current is This? (a) Statement of equal rights
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_IX.html
TITLE 42 > CHAPTER 21 > SUBCHAPTER IX > � 2000h–2Prev | Next � 2000h–2. Intervention by Attorney General; denial of equal protection on account of race, color, religion, sex or national origin
How Current is This? Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, sex or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.
http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_I.html
PART THREE
ORGANISATIONS TO CONTACT - IV CORE PLs endorse this so that a few members will help me. OTHER MEMBERS CAN FORM GROUPS AND CONTACT THESE OFFICES.
American Immigration Council
1331 G Street, NW, Suite 200
Washington, DC 20005-3141
Tel.: 202-507-7500
Fax: 202-742-5619
Carl Shusterman
Law Offices of Carl Shusterman
600 Wilshire Blvd, Suite 1550, Los Angeles, CA 90017
Tel (213) 623-4592 Fax (213) 623-3720
National Origin, Immigration and Language Rights Program
The Legal Aid Society - Employment Law Center
600 Harrison Street, Suite 120
San Francisco, CA 94107
Telephone (415) 864-8848
Fax: (415) 864-8199
TTY/TDD Line: (415) 593-0091
Email: info@las-elc.org
American Civil Liberties Union (ACLU)
125 Broad Street, 18th Floor
New York, NY 10004 USA
Phone: (212) 344-3005
URL: http://www.aclu.org/
Center for Equal Opportunity (CEO)
14 Pidegon Hill Drive, Suite 500
0 Sterling, VA> 20165 USA
Phone: (703) 421-5443
Fax: (703) 421-6401
E-Mail: comment@ceousa.org
URL: http://www.ceousa.org/
Primary Contact: Linda Chavez, President
Equal Employment Opportunity Commission (EEOC)
1801 L Street, N.W.
Washington, DC 20507
Phone: (202) 663-4900
URL: http://www.eeoc.gov/
National Association for the Advancement of Colored People (NAACP)
4805 Mt. Hope Drive
Baltimore, MD 21215
Phone: (410) 521-4939
URL: http://www.naacp.org/
E-Mail: members@naacp.org
PART TWO
LEGAL RESEARCH - EVERYBODY CAN CONTRIBUTE ABOUT COURT CASES, PRECEDENTS ETC AND I WILL TRY TO CONSOLIDATE ALL THE REPLIES HERE
Different Supreme Court Decisions
http://public.findlaw.com/civil-rights/race-discrimination/race-discrimination-history.html
Gratz v. Bollinger
http://en.wikipedia.org/wiki/Gratz_v._Bollinger
In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1
Bakke vs Regents
http://en.wikipedia.org/wiki/Bakke_v._Regents
Supreme Court Opinions
http://caselaw.lp.findlaw.com/data/constitution/amendment14/20.html
http://caselaw.lp.findlaw.com/data/constitution/amendment14/30.html
Articles
http://www.usatoday.com/news/washington/judicial/2009-04-20-supreme-court_N.htm
http://www.enotes.com/everyday-law-encyclopedia/racial-discrimination#constitutional-protection-against-racial
PART ONE
This is an old topic but I thought I would post some interesting info that I found. Give me green before someone drowns me in red.
Equal Protection Clause - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Equal_protection)
The Supreme Court has defined these levels of scrutiny in the following way:
Strict scrutiny (if the law categorizes on the basis of race or national origin or infringes a fundamental right): the law is unconstitutional unless it is "narrowly tailored" to serve a "compelling" government interest. In addition, there cannot be a "less restrictive" alternative available to achieve that compelling interest.
In Bakke, the Court held that racial quotas are unconstitutional, but that educational institutions could legally use race as one of many factors to consider in their admissions process. In Grutter and Gratz, the Court upheld both Bakke as a precedent and the admissions policy of the University of Michigan law school. In dicta, however, Justice O'Connor, writing for the Court, said she expected that in 25 years, racial preferences would no longer be necessary. In Gratz, the Court invalidated Michigan's undergraduate admissions policy, on the grounds that unlike the law school's policy, which treated race not as one of many factors in an admissions process that looked to the individual applicant, the undergraduate policy used a point system that was excessively mechanistic.
In these affirmative action cases, the Supreme Court has employed, or has said it employed, strict scrutiny, since the affirmative action policies challenged by the plaintiffs categorized by race. The policy in Grutter, and a Harvard College admissions policy praised by Justice Powell's opinion in Bakke, passed muster because the Court deemed that they were narrowly tailored to achieve a compelling interest in diversity. On the other side, it is argued that the purpose of the Equal Protection Clause is to prevent the socio-political subordination of some groups by others, not to prevent classification; since this is so, non-invidious classifications, such as those used by affirmative action programs, should not be subjected to heightened scrutiny.[30]
One law firm I found dealing with Federal Litigation. There maybe many.
http://www.vblaw.com/PracticeAreas/Federal-Litigation-Appeals.asp
Should we not look at this option when Mexico's ambassador to the United States said Friday he expects immigration reform is unlikely to pass in that country in 2010 because of unemployment and midterm elections?
http://www.nytimes.com/aponline/2010/01/08/world/AP-LT-Mexico-US-Migration.html
Antis are ahead of us in taking lawsuits to supreme court
http://www.infoworld.com/d/adventures-in-it/tech-workers-take-h-1b-case-supreme-court-024
OPINION JULY 1, 2009 The Supreme Court Says No To Quotas
Residents in a burning building want competent firefighters. They don't care about the race of those whose job it is to save them.
http://online.wsj.com/article/SB124640586803076705.html
VERY INTERSTING ARTICLES ABOUT THIS PER COUNTRY QUOTAS
http://www.time.com/time/magazine/article/0,9171,846255,00.html
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
http://en.wikipedia.org/wiki/Immigration_Act_of_1924
http://en.wikipedia.org/wiki/National_Origins_Formula
The 1921 Emergency Quota Act restricted immigration to 3% of foreign-born persons of each nationality resident in the United States in 1910.
The Immigration Act of 1924 provided that for three years immigration will be restricted to 2% based on the census of 1890, and that after June 30, 1927, total immigration from all countries will be limited to 150,000 based upon national origins of white inhabitants as shown by the census of 1920.
http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses
http://homepage3.nifty.com/ubiquitous/Japanese-Americans_E/Page05.htm
more...
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zoooom
03-13 05:05 PM
I am in almost exactly the same situation as you... I wonder if this can be done as well... On the other hand, as long as AC21 and EAD are prevalent (as long as we can indeed get 3 yr EAD) it is atleast not as bad for us...
I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD
Yeah agreed...atleast we r lucky in that sense. But looks like now EB3 is not going anywhere. I might be wrong but till I dont see some good movement in EB3 category I choose to remain pessimistic...
I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD
Yeah agreed...atleast we r lucky in that sense. But looks like now EB3 is not going anywhere. I might be wrong but till I dont see some good movement in EB3 category I choose to remain pessimistic...
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yabadaba
11-08 01:09 PM
Yabadaba,
"Moron" is an insult. I don't insult anyone. If you don't like my posts, just ignore them.
Regards,
The Ombudsman
Its not an insult. Its a scientific classification for you.
"Moron was originally a scientific term, coined by psychologist Henry Goddard from a Greek word meaning "foolish" and used to describe a person with a genetically determined mental age between 8 and 12 on the Binet scale. It was also once applied to people with an IQ of 51-70 and was a step up from "imbecile" (IQ of 26-50) and two steps up from "idiot" (IQ of 0-25). The word moron, along with "retarded" and "feeble-minded" (among others), was once considered a valid descriptor in the psychological community, though these words have all now passed into common slang use, exclusively in a detrimental context."
http://en.wikipedia.org/wiki/Moron_%28psychology%29
"Moron" is an insult. I don't insult anyone. If you don't like my posts, just ignore them.
Regards,
The Ombudsman
Its not an insult. Its a scientific classification for you.
"Moron was originally a scientific term, coined by psychologist Henry Goddard from a Greek word meaning "foolish" and used to describe a person with a genetically determined mental age between 8 and 12 on the Binet scale. It was also once applied to people with an IQ of 51-70 and was a step up from "imbecile" (IQ of 26-50) and two steps up from "idiot" (IQ of 0-25). The word moron, along with "retarded" and "feeble-minded" (among others), was once considered a valid descriptor in the psychological community, though these words have all now passed into common slang use, exclusively in a detrimental context."
http://en.wikipedia.org/wiki/Moron_%28psychology%29
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diptam
06-14 09:36 AM
Good news for some and not so good news for others. I have been waiting for my labor for last 4 years and have still not got the approval on hand. So I am not ready to apply for 485. Where as a friend of mine who came to US last year and applied for labor through perm 2 months back has his approved labor and can apply for 485. I feel this is kind of unfair. The dates should have progressed slowly but steadily instead of trying to create a mad rush now.
Look, i sympathize with you but you SHOULD HAVE poured in some money to start a parallel PERM application ..... PERM started from APR 2005 - you got almost 2 years +
My case is also like you but my Labor was 2 years old and applied just
before PERM and it went straightway to Phily Backlog center ... I thought
of applying for a Parallel PERM but mine was a RIR ( quicker) and Phily was saying that they would clear all Backog by SEP 2007 ( another 2 months)
Did you check your status in Backlog tracker ??
http://pds.pbls.doleta.gov/
Look, i sympathize with you but you SHOULD HAVE poured in some money to start a parallel PERM application ..... PERM started from APR 2005 - you got almost 2 years +
My case is also like you but my Labor was 2 years old and applied just
before PERM and it went straightway to Phily Backlog center ... I thought
of applying for a Parallel PERM but mine was a RIR ( quicker) and Phily was saying that they would clear all Backog by SEP 2007 ( another 2 months)
Did you check your status in Backlog tracker ??
http://pds.pbls.doleta.gov/
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prabasiodia
07-17 07:51 PM
Nicely put paskal.
Let's do something (call Senators, Representatives, lobby) and put our collective strength behind getting those 200000 unused visas. RECAPTURE is the mantra .
you must know something i don't.
aman kapoor is the president and founder of iv- of course you can argue he now has his GC but that fact is he is still the heart and soul of iv and runs the organization on a day to day basis. he is EB3.
the "core group" does not much exist in practical terms right now. there is instead a large "leaders group" that helps coordinate actions and strategy.
this group has a lot of active members- and i find it "comfortable" to say that the majority are EB3. which may actually count for something- since i actually do know somethings you don't :-)
no one stops anyone from doing anything. but whatever you do (and yes you actually have to DO, not just keep talking), has to have a sound basis. Many of the suggestions put forward have flaws, and actually papu and others have been pretty helpful in politely helping to point those out and suggesting changes. of course reddog took objection even to that! incidentally, just for the record, you may want to look at pappu's profile . HE IS EB3!
so what do you want anyway? should we go tell USCIS that leftover Gc from EB2 ROW should go to EB3 ROW instead of EB2 I/C? what about the 28.6% that should belong to EB2? and since you are EB3 I- how does this help you in any way? or should we tell them to stop the preference catogories in INA and make EB1=EB2=Eb3? somehow i do not think that is going to fly.
where were you when USCIS implemented vertical spillover in 2006 and left EB2 I in a U state while giving EB2 Gc numbers to EB3 ROW?
did you object then? did you start a campaign? did EB2 I folks here start saying that iv did not care about them?
in 2007 ordinarily, (like 06) EB2 I and EB3 I would have got only 2,800 GC each. because of iv's efforts in reversing the july bulletin, EB3 I got a huge number of Gc instead. many more than any other category. i don't remember anyone else standing up and saying that this was unfair and that iv is all about EB3I. and that's what a lot of anti iv folks say. that iv is all about EB3 India. so this is very ironical.
and i see here a comment that every campaign has been bad for EB3 india.
i guess july reversal was bad. i guess the campaign for recapture is bad. and the 2 year EAD is bad too. not to mention the gathering support to end country quotas.
you opened my eyes :-)
Let's do something (call Senators, Representatives, lobby) and put our collective strength behind getting those 200000 unused visas. RECAPTURE is the mantra .
you must know something i don't.
aman kapoor is the president and founder of iv- of course you can argue he now has his GC but that fact is he is still the heart and soul of iv and runs the organization on a day to day basis. he is EB3.
the "core group" does not much exist in practical terms right now. there is instead a large "leaders group" that helps coordinate actions and strategy.
this group has a lot of active members- and i find it "comfortable" to say that the majority are EB3. which may actually count for something- since i actually do know somethings you don't :-)
no one stops anyone from doing anything. but whatever you do (and yes you actually have to DO, not just keep talking), has to have a sound basis. Many of the suggestions put forward have flaws, and actually papu and others have been pretty helpful in politely helping to point those out and suggesting changes. of course reddog took objection even to that! incidentally, just for the record, you may want to look at pappu's profile . HE IS EB3!
so what do you want anyway? should we go tell USCIS that leftover Gc from EB2 ROW should go to EB3 ROW instead of EB2 I/C? what about the 28.6% that should belong to EB2? and since you are EB3 I- how does this help you in any way? or should we tell them to stop the preference catogories in INA and make EB1=EB2=Eb3? somehow i do not think that is going to fly.
where were you when USCIS implemented vertical spillover in 2006 and left EB2 I in a U state while giving EB2 Gc numbers to EB3 ROW?
did you object then? did you start a campaign? did EB2 I folks here start saying that iv did not care about them?
in 2007 ordinarily, (like 06) EB2 I and EB3 I would have got only 2,800 GC each. because of iv's efforts in reversing the july bulletin, EB3 I got a huge number of Gc instead. many more than any other category. i don't remember anyone else standing up and saying that this was unfair and that iv is all about EB3I. and that's what a lot of anti iv folks say. that iv is all about EB3 India. so this is very ironical.
and i see here a comment that every campaign has been bad for EB3 india.
i guess july reversal was bad. i guess the campaign for recapture is bad. and the 2 year EAD is bad too. not to mention the gathering support to end country quotas.
you opened my eyes :-)
more...
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Dhundhun
06-27 01:37 PM
Hi,
I e-filed my EAD renewal on May 9th...sent documents to TSC...there were couple of LUDs but not EAD yet.
Did you get FP notice?
I e-filed my EAD renewal on May 9th...sent documents to TSC...there were couple of LUDs but not EAD yet.
Did you get FP notice?
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navyug
06-12 10:16 PM
First - EB2s stop replying posts that were written in frustration and you understand why, They will not affect and take away your GC. Since you are not frustrated you have to start first.
Second - EB3s - Frustration will never bring you anything and you can not move PD faster. Instead capatialize the situation that EB2s are getting GC. How you have to think and focus.
I can give my example. I made network of some who got GC and have some influence in recruiting. After working 9 years for a big Pharma and got layed off, My one buddy got GC long back in EB2 , helped me and received job through him though I have to drive 220miles everyday.
Am I frustrated yes!! More than anybody else here but has to calm down and think positivily.
Hope my post will help you to reduce some frustration.
I can understand the frustration among Eb3s. Honestly I do not want to aggravate their feelings. My only objection was for someone to generalize all Eb2s as being dishonest.
Second - EB3s - Frustration will never bring you anything and you can not move PD faster. Instead capatialize the situation that EB2s are getting GC. How you have to think and focus.
I can give my example. I made network of some who got GC and have some influence in recruiting. After working 9 years for a big Pharma and got layed off, My one buddy got GC long back in EB2 , helped me and received job through him though I have to drive 220miles everyday.
Am I frustrated yes!! More than anybody else here but has to calm down and think positivily.
Hope my post will help you to reduce some frustration.
I can understand the frustration among Eb3s. Honestly I do not want to aggravate their feelings. My only objection was for someone to generalize all Eb2s as being dishonest.
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hopefulgc
03-05 10:30 AM
1) Asking for money to issue a report under FOIA cannot be justified. If the data is public, it is USCIS's job to bring it to us.
2) It is certain that we would be able to get USCIS to waive the $5k fee... but it would take time.
3) If we pay up and they make the program... we need a way so that we can request the reports at regular intervals... after all once the report is prepared, it is available and we should be able to make use of it.
4) A better idea might be to pay the $5k, but instead ask them to make an API.. to which one can we can supply the boundary priority dates using a RESTful service. If we are gonna give money.. we better get the restrained control in our hands. This will help future applicants.
2) It is certain that we would be able to get USCIS to waive the $5k fee... but it would take time.
3) If we pay up and they make the program... we need a way so that we can request the reports at regular intervals... after all once the report is prepared, it is available and we should be able to make use of it.
4) A better idea might be to pay the $5k, but instead ask them to make an API.. to which one can we can supply the boundary priority dates using a RESTful service. If we are gonna give money.. we better get the restrained control in our hands. This will help future applicants.
needhelp!
11-24 08:19 PM
Join your state chapter and DO something for yourself.
needhelp!
02-11 11:45 AM
Yes, its not easy to remain positive but we try. :)
I prefer "h4_hoping"! thanks! Great work everyone!!! Let's keep onwards and upwards. Has anyone been contacting immigration lawyers who they've used in the past? I think I will try contacting a couple of offices. I know these folks are crazy busy but we could try leaving some printed letters in their offices for a week then go back and pick up? Any one had any luck here? Thanks!
I prefer "h4_hoping"! thanks! Great work everyone!!! Let's keep onwards and upwards. Has anyone been contacting immigration lawyers who they've used in the past? I think I will try contacting a couple of offices. I know these folks are crazy busy but we could try leaving some printed letters in their offices for a week then go back and pick up? Any one had any luck here? Thanks!
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