Posts
walking_dude
02-14 02:51 PM
Life's not simple. It's not A or B. It's usually A and B that succeeds. Like I mentioned in an earlier post going ahead with option A (lawsuit) closes option B ( meetings and negotiations).
Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.
chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?
Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.
chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?
wallpaper %IMG_DESC_1%
pappu
01-29 12:22 AM
Thanks to everyone for taking an active role in the funding drive. It is always a frustrating experience every time we want to raise funds. In our overzealousness sometimes we also hurt the effort by being too harsh on people who are not contributing. We do not wish to encourage any finger pointing. Members start asking all kinds of questions on the forum and kill the initiative thereby hurting the organization and ultimately themselves. At this time we are no longer going to ask for funds on the forum and will continue the IV effort with what we have from the contributions members have made. Members who feel they wish to contribute will contribute if they feel for the cause in their heart. Admins have decided to close all such threads so that we can focus on the other IV work rather than solving disputes between members and making sure no anonymous member is hurting other anonymous member�s feelings.
jhaalaa
01-14 01:19 PM
Ombudsman discussed the RFE rates on page 18 figure 7 of the following document:
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
H1b RFE rates
Year VSC CSC
2006 12.7 07.1
2007 11.4 11.0
2008 11.8 11.6
It would be interesting to see the new RFE rates, as this memo gets actioned at USCIS.
Best Wishes for all.
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
H1b RFE rates
Year VSC CSC
2006 12.7 07.1
2007 11.4 11.0
2008 11.8 11.6
It would be interesting to see the new RFE rates, as this memo gets actioned at USCIS.
Best Wishes for all.
2011 %IMG_DESC_2%
villamonte6100
12-14 02:50 PM
Thank you very much for pointing that out. I really appreciate it.
His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
:cool:
His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
:cool:
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Jerrome
05-01 10:19 PM
What do you know, if you don't know anything then shut the hell-up and don't reply.
I have been to srilanka and only tamils in colombo should have ID wherever they go. I was checked in multiple places because i was from TN.(this was back in 2000).
I have met hundreds of businessman from srilanka in TN who lost everything and doing daily work to live. They were not from south or north part of SL but from colombo..
Do you know how many tamils fled that country and living all over the world.
Even now there is no political solution provided by SL govt after they clear out the so called Terrorists.
It is India's business because india provided training and weapons to the so called terrorists during indra gandhi period. If we don't mind then china and pak will mind and they will be at India's balls and they can squeeze as hard as they can.
Please close this thread..it is not going anywhere..
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
I have been to srilanka and only tamils in colombo should have ID wherever they go. I was checked in multiple places because i was from TN.(this was back in 2000).
I have met hundreds of businessman from srilanka in TN who lost everything and doing daily work to live. They were not from south or north part of SL but from colombo..
Do you know how many tamils fled that country and living all over the world.
Even now there is no political solution provided by SL govt after they clear out the so called Terrorists.
It is India's business because india provided training and weapons to the so called terrorists during indra gandhi period. If we don't mind then china and pak will mind and they will be at India's balls and they can squeeze as hard as they can.
Please close this thread..it is not going anywhere..
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
Ramba
05-11 07:34 PM
It is easy to spit out numbers like this. Do you have independent proof of these? Please don't point us to LTTE run web sites. Provide hard proof if you can.
As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???
Panani,
I dont blame you for your post as you are singalese. However, don't try to hide the truth. Your post itself has the answer. British, did not discriminate the singalse. Though, they ruled India and SL, they always respected the skills and knowledge. Thatswhy, tamils were in good position before 1948. SL denied the voting rights to estate Tamils and want to keep them as slaves. 33% Tamils become 20% because of that act, apart from mass killing of Tamils by SL. SL are still doing forced/barbaric sterilization on Tamil women. The undeniable truth is SL did not want to Tamils to overtake them (pollitically, socially, economically,); though they are the natural born citizen of SL.
I certainly blame GOI, for its mercyless view on Tamils, as they are killed in India's Doorstep. I dont blame one guy saying "its shame to carry the Indian passport".
See the wikipedia It wont lie.
There is a sizable population of Tamils in the Central Province, plantation laborers brought down from India by the British colonial authorities in the nineteenth and twentieth centuries. These Indian Tamils (or Estate Tamils), as they are called, still work mainly in Sri Lanka�s tea plantations. They have been locked in poverty for generations and continue to experience poor living conditions.[15] Although they speak the same language, they are usually considered a separate community from the Sri Lankan Tamils of the North and East.
The government of D.S. Senanayake passed legislation stripping the estate Tamils of their citizenship in 1949, leaving them stateless.
The effect was to tilt the island's political balance away from the Tamils. In 1948, at independence, the Tamils had 33% of the voting power in Parliament.[citation needed]. Upon the disenfranchisement of the estate Tamils, however, this proportion dropped to 20%. The Sinhalese could and did obtain more than a 2/3 majority in Parliament, making it impossible for Tamils to exercise an effective opposition to Sinhalese policies affecting them. The main reason for the imbalance was that several multi member constituencies elected a Tamil member of Parliament in a majority Sinhala electorate. The idea in having multi member constituencies was to prevent domination of minorities by a future nationalist government.
As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???
Panani,
I dont blame you for your post as you are singalese. However, don't try to hide the truth. Your post itself has the answer. British, did not discriminate the singalse. Though, they ruled India and SL, they always respected the skills and knowledge. Thatswhy, tamils were in good position before 1948. SL denied the voting rights to estate Tamils and want to keep them as slaves. 33% Tamils become 20% because of that act, apart from mass killing of Tamils by SL. SL are still doing forced/barbaric sterilization on Tamil women. The undeniable truth is SL did not want to Tamils to overtake them (pollitically, socially, economically,); though they are the natural born citizen of SL.
I certainly blame GOI, for its mercyless view on Tamils, as they are killed in India's Doorstep. I dont blame one guy saying "its shame to carry the Indian passport".
See the wikipedia It wont lie.
There is a sizable population of Tamils in the Central Province, plantation laborers brought down from India by the British colonial authorities in the nineteenth and twentieth centuries. These Indian Tamils (or Estate Tamils), as they are called, still work mainly in Sri Lanka�s tea plantations. They have been locked in poverty for generations and continue to experience poor living conditions.[15] Although they speak the same language, they are usually considered a separate community from the Sri Lankan Tamils of the North and East.
The government of D.S. Senanayake passed legislation stripping the estate Tamils of their citizenship in 1949, leaving them stateless.
The effect was to tilt the island's political balance away from the Tamils. In 1948, at independence, the Tamils had 33% of the voting power in Parliament.[citation needed]. Upon the disenfranchisement of the estate Tamils, however, this proportion dropped to 20%. The Sinhalese could and did obtain more than a 2/3 majority in Parliament, making it impossible for Tamils to exercise an effective opposition to Sinhalese policies affecting them. The main reason for the imbalance was that several multi member constituencies elected a Tamil member of Parliament in a majority Sinhala electorate. The idea in having multi member constituencies was to prevent domination of minorities by a future nationalist government.
more...
vdlrao
09-17 02:03 AM
I got the below numbers from the PERM FDLC site for the applications filed in 2005 and approved in different years of 2005,6,7,8
2005 India 1353 (filed in 2005 and approved in 2005)
2006 India 3888 (filed in 2005 and approved in 2006)
2007 India 60 (filed in 2005 and approved in 2007)
2008 India 10 (filed in 2005 and approved in 2008)
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
These are the right numbers for the 2005. Thanks for tempgc for doing this. And the corresponding numbers 3888, 60, 10 have to be deducted against from the years 2006, 2007 and 2008 respectively.
2005 India 1353 (filed in 2005 and approved in 2005)
2006 India 3888 (filed in 2005 and approved in 2006)
2007 India 60 (filed in 2005 and approved in 2007)
2008 India 10 (filed in 2005 and approved in 2008)
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
These are the right numbers for the 2005. Thanks for tempgc for doing this. And the corresponding numbers 3888, 60, 10 have to be deducted against from the years 2006, 2007 and 2008 respectively.
2010 %IMG_DESC_3%
viva
01-29 02:51 AM
pappu- i got the message. sorry, if i became overzealous. just wanted to help iv...
i will not raise any more questions asking non-contributing members to contribute.
go iv .....go core team!
i will not raise any more questions asking non-contributing members to contribute.
go iv .....go core team!
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illinois_alum
09-25 02:04 PM
You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
hair %IMG_DESC_4%
sbabunle
04-29 12:31 PM
That means---> Once the labor is approved you have to use it in 45 days.
ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D
I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.
But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.
babu
Can you anyone tell what the lines highlighted below in blue means ?
************************************************** ******
RIN: 1205-AB42 Agenda Cycle: 200610
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
************************************************** *******
i got the above info from the OMB website below -
http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657
ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D
I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.
But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.
babu
Can you anyone tell what the lines highlighted below in blue means ?
************************************************** ******
RIN: 1205-AB42 Agenda Cycle: 200610
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
************************************************** *******
i got the above info from the OMB website below -
http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657
more...
gcisadawg
03-28 12:54 AM
Love to see narendra modi as PM but I know that's far from happening. I would bet on LK for now.
Looks like Modi has given LS tickets to four criminals whom he put in jail during his first term in office.....
Looks like Modi has given LS tickets to four criminals whom he put in jail during his first term in office.....
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unitednations
02-18 05:41 PM
I agree that his arguments are valuable...
And I believe that those must be countered point to point...
You see... our target membership audience consists of very intelligent people..They come to this site and read UnitedNations arguments...If they accept those arguments ... what would be the net result.???...They would just go away....It gets directly in the way of our efforts.....
That is the reason for this whole shoot out.....
I don't look at it as a shoot out or trying to pick on people and say the situation is hopeless.
I have a lot of postings on immigration.com and I can tell you definitively that the conversations on this portal are much more constructive and educated. On the other portal there are people who still think it is a conspiracy of holding back visas and government wants people out. No matter how much one talks about the law and visa allocations they do not look at the facts but rather wallow in self misery and conspiracy theories.
There are others who don't pay much attention to immigration matters and belive the rhetoric that a law change is around the corner and it will increase the vsias by a substantial amount. In my opinion from everything I know; regarding allocation of visas; number of pending cases at backlog centers; number of perm approvals; number of people here on h-1b; O visas, L-1' university H-1b's; the wait could be minimum ten years for people from severely retrogressed countries. Until people can understand this; and I am afriad that the only way people will understand this is if USCIS/DOS issued exact statistics of how many I-140's there are where 485's haven't been filed; how many 485's are pending which can't be approved; how quickly they process eb2 row and eb3 row cases and how frequently they come into the pipeline then an educated guess cannot be made with any great precision. However, everything I know would say that everyone from india in eb3 and eb2 should just stop watching the visa bulletin because at the current pace and law; it would take five years to just approve one year of greencards which happened in 2005 and even then the dates were back to 2002. Since January 2005 there hasn't been any eb3 approvals from India with priority dates after June 2002. You can just imagine how big the numbers are. There was over 50,000 H-1b visas issued in 2005 (can't tell which were intial h-1b's or just revalidation); 20,000 H-4's; 20,000 L-1's, 20,000 f-1s; 200,000 visitor visas. That was all just in one year. When there is only going to be 10,800 greencards compared to these numbers it becomes mind boggling.
Regarding arguments and counter arguments. When one does a presentation or getting ready for a presentation you always need to understand the other side of the argument. If you don't then you cannot counter it and will lose credibility. So some of the things I have pointed out need to be countered/mitigated to have any reasonable chance of success. For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. The numbers would be so huge that without quota change, etc. it would be a disaster. If the plan was to first ask for this and then six months later say; hey look now we have 2 million people going for greencard and you should increase the quota now; it might fall on deaf ears for many years.
Just in case you want to ask; I don't have good answers; there will be much more arguments to use about not attracting/retaining once all of EB retrogresses. The scientists; executives on L-1 from companies like Citibank; hsbc, etc also get retrogressed then you will hear much more noise.
Within immigration there is competing interests. You have political asylee issue where there was a cap of 10,000 annually even though there are hundreds of thousands of people waiting for it. It took them many, many years to lift the cap. there are 12 million undocumented workers who could pose a security risk if you listen to all the security pundits; there are EB3 skilled workers who cannot get into the country because they don't quality for h-1 and have to wait outside; there are teenagers; young adults who came with their undocumented parents who are trying to legalize, etc. Phillipinos who are sponsoring their siblings have to wait for 23 years.
In EB we are one of the few who hold non immigrant visas that allow us to get a greencard while we are in USA. Just about all the other categories of non immigrant visas require a person to stay out of usa until they get the greencard. As I said in a previous posting; I firmly believe that EB is the least disadvantaged of the various routes to get permanent residency.
And I believe that those must be countered point to point...
You see... our target membership audience consists of very intelligent people..They come to this site and read UnitedNations arguments...If they accept those arguments ... what would be the net result.???...They would just go away....It gets directly in the way of our efforts.....
That is the reason for this whole shoot out.....
I don't look at it as a shoot out or trying to pick on people and say the situation is hopeless.
I have a lot of postings on immigration.com and I can tell you definitively that the conversations on this portal are much more constructive and educated. On the other portal there are people who still think it is a conspiracy of holding back visas and government wants people out. No matter how much one talks about the law and visa allocations they do not look at the facts but rather wallow in self misery and conspiracy theories.
There are others who don't pay much attention to immigration matters and belive the rhetoric that a law change is around the corner and it will increase the vsias by a substantial amount. In my opinion from everything I know; regarding allocation of visas; number of pending cases at backlog centers; number of perm approvals; number of people here on h-1b; O visas, L-1' university H-1b's; the wait could be minimum ten years for people from severely retrogressed countries. Until people can understand this; and I am afriad that the only way people will understand this is if USCIS/DOS issued exact statistics of how many I-140's there are where 485's haven't been filed; how many 485's are pending which can't be approved; how quickly they process eb2 row and eb3 row cases and how frequently they come into the pipeline then an educated guess cannot be made with any great precision. However, everything I know would say that everyone from india in eb3 and eb2 should just stop watching the visa bulletin because at the current pace and law; it would take five years to just approve one year of greencards which happened in 2005 and even then the dates were back to 2002. Since January 2005 there hasn't been any eb3 approvals from India with priority dates after June 2002. You can just imagine how big the numbers are. There was over 50,000 H-1b visas issued in 2005 (can't tell which were intial h-1b's or just revalidation); 20,000 H-4's; 20,000 L-1's, 20,000 f-1s; 200,000 visitor visas. That was all just in one year. When there is only going to be 10,800 greencards compared to these numbers it becomes mind boggling.
Regarding arguments and counter arguments. When one does a presentation or getting ready for a presentation you always need to understand the other side of the argument. If you don't then you cannot counter it and will lose credibility. So some of the things I have pointed out need to be countered/mitigated to have any reasonable chance of success. For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. The numbers would be so huge that without quota change, etc. it would be a disaster. If the plan was to first ask for this and then six months later say; hey look now we have 2 million people going for greencard and you should increase the quota now; it might fall on deaf ears for many years.
Just in case you want to ask; I don't have good answers; there will be much more arguments to use about not attracting/retaining once all of EB retrogresses. The scientists; executives on L-1 from companies like Citibank; hsbc, etc also get retrogressed then you will hear much more noise.
Within immigration there is competing interests. You have political asylee issue where there was a cap of 10,000 annually even though there are hundreds of thousands of people waiting for it. It took them many, many years to lift the cap. there are 12 million undocumented workers who could pose a security risk if you listen to all the security pundits; there are EB3 skilled workers who cannot get into the country because they don't quality for h-1 and have to wait outside; there are teenagers; young adults who came with their undocumented parents who are trying to legalize, etc. Phillipinos who are sponsoring their siblings have to wait for 23 years.
In EB we are one of the few who hold non immigrant visas that allow us to get a greencard while we are in USA. Just about all the other categories of non immigrant visas require a person to stay out of usa until they get the greencard. As I said in a previous posting; I firmly believe that EB is the least disadvantaged of the various routes to get permanent residency.
more...
house %IMG_DESC_17%
longq
02-13 02:17 PM
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.
For example, here is March 1999 VB
All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Employment-
Based
1st C 22JAN98 C C C
2nd C 08SEP96 08SEP97 C C
3rd C 01JAN95 08FEB96 C C
As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.
After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.
Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.
Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.
For example, here is March 1999 VB
All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Employment-
Based
1st C 22JAN98 C C C
2nd C 08SEP96 08SEP97 C C
3rd C 01JAN95 08FEB96 C C
As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.
After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.
Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.
Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
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justAnotherFile
07-12 10:15 PM
byeUSA,
can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision
can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision
more...
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nogc_noproblem
07-25 03:03 AM
VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron’s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don’t think Ron really has any such numerical explanation for his statement.
With all due respect, I beg to differ from Ron (probably for the first time).
I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.
With all due respect, I beg to differ from Ron (probably for the first time).
I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.
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mariusp
02-13 02:28 PM
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:
more...
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STAmisha
01-23 06:01 PM
Mandalla ************
Rot in hell. Rot in prison. Because of bastards like you, all of the immigrant community is suffering. Enjoy your prison
Rot in hell. Rot in prison. Because of bastards like you, all of the immigrant community is suffering. Enjoy your prison
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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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dealsnet
09-04 12:37 PM
Your handle name POORslumDOG shows your charactor.
1. Why you are here. (poor)
2. It shows where you are coming from.(slum)
3. Your real charactor (animal).
you must be a educated idiot to think like this. Yesterday 1200 people died in heart attack in India and more than 15000 across the world. You mean all are because of YSR. Use your pea nut size brain man.
1. Why you are here. (poor)
2. It shows where you are coming from.(slum)
3. Your real charactor (animal).
you must be a educated idiot to think like this. Yesterday 1200 people died in heart attack in India and more than 15000 across the world. You mean all are because of YSR. Use your pea nut size brain man.
vamsi_poondla
05-02 09:34 PM
Language is a very hot boiled subject. We have to be a bit practical about what makes it work. Anti-hindi agitations have other roots as well. Understanding Dravidian history needs an open mind. Same is the case with everything about India.
IMO, India is not formed with a single ethnic group colonizing almost empty land and forming a nation based on some principles and later vast immigration followed by years on assimilation based on melting pot concept. It is more of an idea that is formed politically. All 4 south Indian states having a vast culture being ordered to use one language perhaps backfired fueled by resentment against upper castism that existed in Congress during that time.
Again, it is not either supporting or criticizing any event. That is what happened. We have all Hindi movies being super hit in Chennai. Once can walk in any street in Chennai and transact in English. I find many auto-drivers or even common man,go out of way to help when I speak in English in Chennai. So, please dont stereotype,
Coming back to the point, if we had gone for Hindi as a national and sole business language, (I dont like insisting any thing in a democracy), we would have perhaps missed IT/BPO wave and most of us will not be here in this forum.
IMO, India is not formed with a single ethnic group colonizing almost empty land and forming a nation based on some principles and later vast immigration followed by years on assimilation based on melting pot concept. It is more of an idea that is formed politically. All 4 south Indian states having a vast culture being ordered to use one language perhaps backfired fueled by resentment against upper castism that existed in Congress during that time.
Again, it is not either supporting or criticizing any event. That is what happened. We have all Hindi movies being super hit in Chennai. Once can walk in any street in Chennai and transact in English. I find many auto-drivers or even common man,go out of way to help when I speak in English in Chennai. So, please dont stereotype,
Coming back to the point, if we had gone for Hindi as a national and sole business language, (I dont like insisting any thing in a democracy), we would have perhaps missed IT/BPO wave and most of us will not be here in this forum.
Macaca
07-04 10:42 AM
I am developing a general framework in which you can plug in your own traumatic experience. The following is a good start. Please develop your own writeups.
From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams (at own cost of 150*2).Since we live in a small state with few doctors we drove 2 hours to a neighboring state to get them on time.
Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents back in India to collect their date of birth, place of birth information and completed the questionnaire.
Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd.
The following are very good points that need more polish! The main point here is that we really can not understand this CRAP wih all other things in life which Americans are not facing!
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries.
Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly referred as "Green card" will move ahead from its deep slumber.
From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams (at own cost of 150*2).Since we live in a small state with few doctors we drove 2 hours to a neighboring state to get them on time.
Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents back in India to collect their date of birth, place of birth information and completed the questionnaire.
Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd.
The following are very good points that need more polish! The main point here is that we really can not understand this CRAP wih all other things in life which Americans are not facing!
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries.
Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly referred as "Green card" will move ahead from its deep slumber.