BharatPremi
12-13 02:16 PM
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
Yes. As long as it is established as "law" we can not pursue the solution in a court.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
Yes. As long as it is established as "law" we can not pursue the solution in a court.
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gcformeornot
01-13 08:55 PM
Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.
Now they go back and say that was a misinterpretation of existing laws :eek:
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
Now they go back and say that was a misinterpretation of existing laws :eek:
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
bitu72
10-18 02:18 PM
i have sent my application last friday.
Any idea how many months its taking nowaday for complete process - whatever it is its much better than what we have here.
i see lot of people with PR.can you guys post some of you thoughts and experience regarding jobs in canada. are u guys getting any offere while staying here.
Any idea how many months its taking nowaday for complete process - whatever it is its much better than what we have here.
i see lot of people with PR.can you guys post some of you thoughts and experience regarding jobs in canada. are u guys getting any offere while staying here.
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nogc_noproblem
07-17 01:02 PM
Friend, as advised (?) by you, I read your other posts in this thread, I could not find the source but I found what you are saying to others.
“This whole thread is speculation
Try to think logically
You should read the INA law clearly.
But if this speculation makes you happy, enjoy!”
You can be very smart of yourself, but don’t think others are idiots and fools. It is up to you agree or disagree with others opinion, but don’t show your "others don't know anything" attitude (“try to think logically”, “read INA law clearly”, “everybody is speculating”) here.
Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.
“This whole thread is speculation
Try to think logically
You should read the INA law clearly.
But if this speculation makes you happy, enjoy!”
You can be very smart of yourself, but don’t think others are idiots and fools. It is up to you agree or disagree with others opinion, but don’t show your "others don't know anything" attitude (“try to think logically”, “read INA law clearly”, “everybody is speculating”) here.
Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.
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meridiani.planum
07-30 06:31 AM
http://www.immigration-information.com/forums/showthread.php?t=5766
posted 07-24 09:59 AM
Ron Gotcher has some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters.
Ron Gotcher
this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
posted 07-24 09:59 AM
Ron Gotcher has some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters.
Ron Gotcher
this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
soma
02-13 10:59 PM
you cannot sue for incompetence, or the courts would be full!
If thats the case why did 180 day rule for namecheck get through in court?! wasn't that incompetence?
If thats the case why did 180 day rule for namecheck get through in court?! wasn't that incompetence?
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felix31
10-10 10:21 AM
i would say ban works for everyone - regardless of the citizenship
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newtoearth
05-03 01:36 AM
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wandmaker
08-12 02:31 AM
I have been granted a PR last week; Now, I am waiting for the card to arrive in the mail. I will be traveling out of USA next weekend. I renewed my H1 once since my last entry and have one white I-94 and other one came with the 797 approval notice. Do I need to give my I-94 to the airline staff or should I keep it with me? Please advice.
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thomachan72
09-24 04:17 PM
EB-I will be in mid or late 2006 by Sep 2009.
You meant Sep 2010, right? we are already about to cross into October 2009
You meant Sep 2010, right? we are already about to cross into October 2009
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tikka
07-03 06:38 PM
http://digg.com/politics/Rep_Lofgren...Bulle tin/who (http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin/who)
It's showing up on the front page now as far as I can tell.
jazz
both stories are on top!!
we can also digg the comments
It's showing up on the front page now as far as I can tell.
jazz
both stories are on top!!
we can also digg the comments
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TeddyKoochu
01-15 04:48 PM
"What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period."
U tell how USCIS should segregate bad apple with good one ? Should they allow the status quo because good apple will be affected ?
Buddy I believe you are being too harsh. Status Quo is never a great idea, however please consider the following scenario's you will realize the larger issue, no disrespect meant to you. Nobody is a fan of consulting only companies including those who work for them.
1) In case of cancer, chemotherapy or radiotherapy is not applied to the entire body but just the affected part and the dosage is carefully measured not to cause any harm to the good portion howsoever small it maybe.
2) In a state if a certain area is bad does not mean that every person or everything is bad in that area and the only cure is to eliminate everything.
3) In a field in a given area if some crops are infected the idea is that you try to weed out just them without harming the good crops or the soil.
What you are implying is just eliminate a practice right away because the rules of the game suddenly changed one fine day. Your intentions seem to be correct however in your blind justice you are forgetting that there are many good brilliant apples as well (In fact more good than bad) and their families who work hard everyday, have been doing so for many years waiting for their GC and are probably partially stale already. Your notion of justice, correctness and change will kill / finish them as well. Sometimes idealism in reality is not as good as it looks like when just thinking.
U tell how USCIS should segregate bad apple with good one ? Should they allow the status quo because good apple will be affected ?
Buddy I believe you are being too harsh. Status Quo is never a great idea, however please consider the following scenario's you will realize the larger issue, no disrespect meant to you. Nobody is a fan of consulting only companies including those who work for them.
1) In case of cancer, chemotherapy or radiotherapy is not applied to the entire body but just the affected part and the dosage is carefully measured not to cause any harm to the good portion howsoever small it maybe.
2) In a state if a certain area is bad does not mean that every person or everything is bad in that area and the only cure is to eliminate everything.
3) In a field in a given area if some crops are infected the idea is that you try to weed out just them without harming the good crops or the soil.
What you are implying is just eliminate a practice right away because the rules of the game suddenly changed one fine day. Your intentions seem to be correct however in your blind justice you are forgetting that there are many good brilliant apples as well (In fact more good than bad) and their families who work hard everyday, have been doing so for many years waiting for their GC and are probably partially stale already. Your notion of justice, correctness and change will kill / finish them as well. Sometimes idealism in reality is not as good as it looks like when just thinking.
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nrk
09-17 01:10 PM
Hi VDLRAO,
Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.
Do you think EB2 I, will not be crossing 2005 by September 2010 ?
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.
Do you think EB2 I, will not be crossing 2005 by September 2010 ?
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
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alisa
06-28 08:35 PM
June 28, 2007
USCIS: RUMORS OF EARLY VISA RETROGRESSION
Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.
Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.
If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.
We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.
The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available
Folks.
It might be a cruel joke that USCIS plays on us.
They can do whatever they want.
For heaven's sake, lets just accept it, and hope for the best.
USCIS: RUMORS OF EARLY VISA RETROGRESSION
Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.
Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.
If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.
We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.
The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available
Folks.
It might be a cruel joke that USCIS plays on us.
They can do whatever they want.
For heaven's sake, lets just accept it, and hope for the best.
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immi_seeker
09-15 02:39 PM
Here are my Estimate of pending EB2 India case for give years
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
Considering the slow economy that spill over is reasonable.
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
Considering the slow economy that spill over is reasonable.
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alisa
06-27 10:00 PM
Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
Are you sure about 80000 PERM?
I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
Are you sure about 80000 PERM?
I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.
more...
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srinithati
07-03 01:15 PM
I am in the 6th year of H1B. 6 year term expires in March 5, 2009.
My Company filed LC in June 2008.
Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.
Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.
In which cases 7th Year extension will be rejected.
My Company filed LC in June 2008.
Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.
Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.
In which cases 7th Year extension will be rejected.
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sbabunle
04-28 08:23 PM
Now its just a matter of time..I'm glad it is a rule now. I think
a ton of applications will end up in trash cans. Especially from these
consulting companies..
Only thing is that they have 45 day validity for approved labor.
Hope they extended it some more time.
a ton of applications will end up in trash cans. Especially from these
consulting companies..
Only thing is that they have 45 day validity for approved labor.
Hope they extended it some more time.
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chantu
05-01 02:41 PM
Forget fellow Tamils in SL.....Our CON govt under weak Puppet PM MM Singh cannot protect his fellow citizens. See the link from the US state dept.
http://www.state.gov/s/ct/rls/crt/2008/122434.htm
"In 2008, India ranked among the world�s most terrorism-afflicted countries."
And we still find a large number of educated Indians still vote for this WEAK PM.
http://www.state.gov/s/ct/rls/crt/2008/122434.htm
"In 2008, India ranked among the world�s most terrorism-afflicted countries."
And we still find a large number of educated Indians still vote for this WEAK PM.
garybanz
12-14 04:37 PM
Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
"equal chance to have go at his GC"
I don't have an issue with equal chance...thats exactly what i am asking for.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
"equal chance to have go at his GC"
I don't have an issue with equal chance...thats exactly what i am asking for.
longq
02-13 06:17 PM
As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.
Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.
Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.
In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?
In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.
Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.
Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.
In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?
In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.
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