cbpds
09-15 06:22 PM
Even I will donate if I can just apply for I-485
Your PD will be current by Sep 2010. Or if you are lucky you may get GC by that time.
If you get GC donate to IV.
Your PD will be current by Sep 2010. Or if you are lucky you may get GC by that time.
If you get GC donate to IV.
wallpaper Eagle flying over the summit
alisa
06-28 08:44 PM
If USCIS do reject application without notice then we should file a big law suite...AILA will be with us..
Sure!!!
Nothing will come out of it.
Whats the difference between God and USCIS?
Atleast God doesn't think that He is USCIS.
So, relax.
In the worst case scenario, we will be no better off in July than we are in June.
Sure!!!
Nothing will come out of it.
Whats the difference between God and USCIS?
Atleast God doesn't think that He is USCIS.
So, relax.
In the worst case scenario, we will be no better off in July than we are in June.
grupak
12-13 01:40 PM
"Fairness or not is not the issue. Question is can it be challenged in a court? "
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
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.
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
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.
2011 More on the Golden Eagle
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.
more...
JazzByTheBay
12-13 05:53 PM
The Visa Lottery (which afaik has been discontinued... )???
jazz
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
jazz
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
walking_dude
12-14 05:19 PM
The difference between your idea and mine is your thinking is still stuck in the 16th century. He is Indian, he is Chinese, he is Mexican etc, while I see everyone as human beings. There lies the difference.
EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place, US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.
EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place, US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.
more...
h1techSlave
09-25 07:19 PM
Quarterly spill over is the only sensible option which can be done at this time. This is the only option which might be doable and which is supported by both EB2 and EB3.
Visa recapture and all the other major law changes - not much of a chance in this political climate.
Re-instating vertical spill over - welcomed by EB3; but strongly opposed by EB2.
Current spill over (horizontal) - welcomed by EB2; but strongly opposed by EB3.
Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.
Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.
Visa recapture and all the other major law changes - not much of a chance in this political climate.
Re-instating vertical spill over - welcomed by EB3; but strongly opposed by EB2.
Current spill over (horizontal) - welcomed by EB2; but strongly opposed by EB3.
Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.
Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.
2010 A Golden Eagle flying over
u.misc
01-13 03:01 PM
Bummer.
more...
sumagiri
07-25 08:40 AM
IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.
hair Flying Golden Eagles
jonty_11
06-28 12:33 PM
"expecting retrogresson ....in first wk of July... " ??
I thought logiclife already clarified that can not and will not happen!!
Thats why this thread is called " Rumour is that"
I thought logiclife already clarified that can not and will not happen!!
Thats why this thread is called " Rumour is that"
more...
go_guy123
06-12 12:01 AM
"Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
citizenship application is actually speeded up when democratic party is in power
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
citizenship application is actually speeded up when democratic party is in power
hot the same Golden Bald Eagle
Sunx_2004
07-29 11:56 AM
Here is my case, Company A filed Labor GC for me, Labor filed 04/2004, I-140 approved 06/07, I485 filed 07/07.
Company A got aquired by company B in 11/07, Company B filed 3 year extension on H1B based on approved I-140 approved H1B.
Now company B filed amendment to approved I 140- My questions-
Is my I 140 still aproved or it will start all over?
I am planning to change the company coming October, Can I change the company at this stage. Will it affect my AOS in adverse way.
What
I need to take care of if I want to switch the job.
Company A got aquired by company B in 11/07, Company B filed 3 year extension on H1B based on approved I-140 approved H1B.
Now company B filed amendment to approved I 140- My questions-
Is my I 140 still aproved or it will start all over?
I am planning to change the company coming October, Can I change the company at this stage. Will it affect my AOS in adverse way.
What
I need to take care of if I want to switch the job.
more...
house Golden Eagle (74545). aquila
kaisersose
02-13 12:07 PM
I think the US government wanted it this way.
Back in the 19th century then experienced phases where too many Irish came into the country in waves and then too many Chinese - both of which did not go down well with Americans raising Xenophobia to new levels and causing trouble for the immigrants .
This is why they decided to get an even mix of people from all countries and prevent a surge of people from any one country. They have no reason not to apply the same logic for the employment category.
Like an ROW person said on another forum, Indians will find any number of reasons to support removal of country cap, but we can find an equal number of reasons to retain country cap.
Leaving aside the difference of opinion between Indians and ROWs on this topic, we should also look at which side Americans are inclined to take. Based on History, they would actually side with ROWs on this one.
Back in the 19th century then experienced phases where too many Irish came into the country in waves and then too many Chinese - both of which did not go down well with Americans raising Xenophobia to new levels and causing trouble for the immigrants .
This is why they decided to get an even mix of people from all countries and prevent a surge of people from any one country. They have no reason not to apply the same logic for the employment category.
Like an ROW person said on another forum, Indians will find any number of reasons to support removal of country cap, but we can find an equal number of reasons to retain country cap.
Leaving aside the difference of opinion between Indians and ROWs on this topic, we should also look at which side Americans are inclined to take. Based on History, they would actually side with ROWs on this one.
tattoo American bald eagle flying
msp1976
02-13 04:04 PM
This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.
So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.
In the first three quarter the 'heavy' countries(India/China) would get numbers until the 7% caps hits and in the fourth quarter they would get the big chunck...
If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...
Pl. Correct me if I am wrong....
Now I have really started to appreciate the IV goals listed on the front page.....
IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....
So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.
In the first three quarter the 'heavy' countries(India/China) would get numbers until the 7% caps hits and in the fourth quarter they would get the big chunck...
If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...
Pl. Correct me if I am wrong....
Now I have really started to appreciate the IV goals listed on the front page.....
IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....
more...
pictures Golden Eagle (74957). aquila
kaisersose
02-13 01:20 PM
WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.
I think visa recapture is the most likely bet. There is really no reason why anyone would think twice about it.
EB Quota increase is next to impossible. The word "increase" will have many people tune out which will also affect any bundled propositions. One way to avoid this problem is to avoid using the word "increase"; by asking to not count family numbers in the EB quota or to count them in the FB quota. That will result in a huge increase in EB Quota without directly calling it quota increase.
The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.
I think visa recapture is the most likely bet. There is really no reason why anyone would think twice about it.
EB Quota increase is next to impossible. The word "increase" will have many people tune out which will also affect any bundled propositions. One way to avoid this problem is to avoid using the word "increase"; by asking to not count family numbers in the EB quota or to count them in the FB quota. That will result in a huge increase in EB Quota without directly calling it quota increase.
The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.
dresses Flying Golden Eagle Belt
ashutrip
06-26 02:11 PM
Hey...No one can predict anything about Aug and Sept. You just have to wait till you get your LC and then check where dates are and file accordingly. There is nothing you can do about it, so relax and don't worry too much.
If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.
it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(
If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.
it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(
more...
makeup The Golden Eagle
Imigrait
06-12 12:00 PM
:D Gangubhai motor chali pom pom pom.
Translation:Ganguteli is in top form :)
Agree with Gangubhai totally. I know Americans who have bachelors degrees in physics or graphics arts or even literature from no name colleges who are much better than graduates in IITs both Btech and Mtechs. In fact I even know a high school graduate who was working as a contractor who was really really good. I'm talking about a Fortune 15 company here. As far as Indians are concerned I have seen some young chaps from Wipro,Infosys from no name Indian colleges and they are very good in their work. The college name only helps for your first jobs or to get your resume ahead of others in a pile of resumes that's all.
As someone said to Mr Dilip, he wants to shut the door after him. Not good sir.
Translation:Ganguteli is in top form :)
Agree with Gangubhai totally. I know Americans who have bachelors degrees in physics or graphics arts or even literature from no name colleges who are much better than graduates in IITs both Btech and Mtechs. In fact I even know a high school graduate who was working as a contractor who was really really good. I'm talking about a Fortune 15 company here. As far as Indians are concerned I have seen some young chaps from Wipro,Infosys from no name Indian colleges and they are very good in their work. The college name only helps for your first jobs or to get your resume ahead of others in a pile of resumes that's all.
As someone said to Mr Dilip, he wants to shut the door after him. Not good sir.
girlfriend Golden Eagle 2
hindu_king
05-29 02:53 PM
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.
hairstyles These beautiful golden eagles
yabadaba
02-14 02:32 PM
Please be advised, that IV will not endorse this. If people are gathering here and in places like , please form your own mailing group and proceed.
Those who are on this thread, if you have not yet sent the letter to President for the Admin fix campaign, please send it, and help IV make the grassroots campaign successful.
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?
Those who are on this thread, if you have not yet sent the letter to President for the Admin fix campaign, please send it, and help IV make the grassroots campaign successful.
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?
trramesh
06-01 02:09 PM
Guys,
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
_TrueFacts
09-04 10:57 AM
Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?
....
RajSenthil,
Picking on me will not change the fact that YSR was a corrupt, factionist gunda, land grabber who has killed numerous people. If you have a point against that, say so.
I am providing links to that reason.
Why any one (pseudo or not) should have sympathy for the dead? Do you have sympathy for Saddam, Hitler? Facts are facts. YSR�s death has contributed to this discussion. It does not matter what my ID is, where I am and if I am Mr or Mrs.
....
RajSenthil,
Picking on me will not change the fact that YSR was a corrupt, factionist gunda, land grabber who has killed numerous people. If you have a point against that, say so.
I am providing links to that reason.
Why any one (pseudo or not) should have sympathy for the dead? Do you have sympathy for Saddam, Hitler? Facts are facts. YSR�s death has contributed to this discussion. It does not matter what my ID is, where I am and if I am Mr or Mrs.
