Wednesday, June 29, 2011

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  • Jerrome
    07-17 12:36 AM
    Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.

    But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
    One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.

    But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..





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  • hopefulgc
    02-13 07:39 PM
    this is an out of the box thinking .. deserves consideration.

    Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?





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  • ca_immigrant
    10-15 03:35 PM
    Bhagvan saab ka bhala kare...shuruvath mere se kare.... ;)

    ie, May god bless all and may he start with me ;)

    easy, do not yell, USCIS is not going to start with me cause of my petition with God.





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  • GCard_Dream
    05-25 12:36 PM
    Oh ya... you think the immigration fees in US are low. Wait till this bill takes effect and you have to pay 5000 dollars just to get a damn H1-B then you will know who charges more for immigration fees.

    As it is the fee is 1500 hundred dollars which is not a joke for lot of people. We normally don't complain because employers pick up the tab. By the way this doesn't even include the lawyer's fee yet.

    I mean how do people come up with things like these to say.

    www.notcanada.com

    Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.



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  • ufo2002
    05-11 02:04 PM
    I agree with jnayar here... but everyone keep in mind that no system is perfect. But the US employment-based system has serious flaws... especially in today's more globalised-based economy. The requirement that someone stays in the "same job role / same employer" throughout the green card process probably made sense back in the old days when people usually tend to work their entire lives for one company. Today, that no longer makes sense. Employers everywhere almost have worker turnarounds of 2 years on average. That means given the average GC process is about 6 years, you could be looking at someone potentially changing employers 3 times!
    Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.

    I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.

    The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?

    Just my $0.02.





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  • ganguteli
    06-12 11:43 AM
    Still , he only has bachelors degree. BE degree holders are dime a dozen these days. Even I am one of them. You need MBA, MS or PhD to survive or go up in career. Tell me why some MS degree holder with 3.7+ GPA is not more qualified than BITS guys? I have met and rolled over (performed better) than many BITS guys in my career. And I know many guys from my local place did not go to other states or outside for education because their parents would not let them go away for studies. So..... you can find smarter guys in local places as well.

    Who cares if dilipcr is from BITS or some Swami PavBhaji university in Arnakulam. All are same in America. For your Greencard application you just need a minimum degree that can be acceptable by USCIS. For jobs and career, your Indian degree is nothing. It only boosts your ego and you can tell your Indian friends. If you tell your American friends they will just laugh at your ignorance. If you are so attached to your BITS then how about you go and help them be #1? It is your caliber and performance that matters in jobs. IIT and IIMs can be successful in USA or misfits same as people from third rate colleges in India. I have seen people from APTech and NIIT do better than graduates of US of top Indian colleges. So stop having a false pride. This false pride is only good for getting you married via an arranged marriage to an Indian girl in India. Nothing more than that.



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  • walking_dude
    02-13 01:57 PM
    I know that, I was part of it. Lawsuit will require more than that amount if it gets protracted. Keeping the money angle apart, how many are ready to put their names on the plaintiff list?

    We (MI chapter) tried to get two members who were impacted to participate in a lawsuit filed by another organization. It was free for them, they didn't have to pay a dime. Guess what, both of them bailed out at the last moment.

    I'm not discouraging anyone here. Someone please conduct a poll on contribution pledges, and active participation. Then we will get an approximate understanding of how much we can raise, and how many are willing to have their name on the the lawsuit.

    Show me the money!


    But we also have members making $30K fundraising effort successful in 7 days! Hence I believe if the IV core decides to explore the possibility of a lawsuit, we can raise enough money to hire an attorney for that.





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  • bayarea07
    07-27 05:51 PM
    Here is the story (in a free book format) of a big Shot (I believe he was emerald ) who went broke while doing amway (MUST READ BEFORE DOING AMWAY)

    http://www.transgallaxys.com/~emerald/files/MerchantsOfDeception.pdf



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  • lazycis
    02-14 09:23 AM
    http://www.immigration.com/litigation/I-485_litigation.html

    Read
    this
    http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf

    this
    http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf

    and this
    http://www.immigration.com/litigation/I-485/order_class_denied.pdf





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  • Imigrait
    06-16 04:53 PM
    For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky".
    Of course everyone who have worse qualifications(according to who??-> dilipcr ) are ordinary. Rest of the people are good. This is the same argument as "now that I have GC, let me come out and say retrogressions and less GCs are good, cuz I am qualified and I already have GC."

    And yes I agree EB based GC is built by merit. Merit according to the employer who will keep paying the employee if the employee performs his job at least satisfactorily. Dilipcr is not the adjudicator here, the market aka the employer is. And...... the employer is making sure it is following the regulations prescribed by USCIS.

    Cant believe I am using that word !!!.
    What's not to believe? You just did!

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    People don't view any statement that you're from a top college as egoistic. Ppl view it as egoistic when after 15-20 years out of college you still throw around your college name to make other people treat you differently. Dude, after 20 years people from various colleges are working with you, some doing a worse job than you and some better, colleges don't matter any more for the current job. It might have some influence in a new job.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.

    Why are you calling outsourcing companies scum? So do you call the companies that manufacture in China as scum too? I know tonnes of engineers from Infosys, TCS, Wipro and others who work for Google,Msft,Apple,Amazon etc etc. So now that these people have bathed in Ganga(google etc etc) their scum is washed off?

    "the speed of market" -The outsourcing companies are part of the market. Yes the salaries have gone down, but that's according to the speed of the market, not due to some participants outside the market.

    "committing pervasive fraud" - No US or foreign company will keep a company if the value proposition dosen't work for them. For Building a webpage or multi tiered web applications we don't need a rocket scientist. Hence, the market is paying what is deserved. Would you be able to keep a job if you don't perform in the US? Then why will an outsourcing company be treated differently?

    Ok it seems lots of other people are also responding so I'll stop here. :D



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  • Openarms
    08-17 03:01 PM
    Common man is common man everywhere. Star worship is something that exists everywhere. be it sportsmen or movie stars - these people win hearts of people and thats what matters which is most important.

    Now you are blaming people for worshipping him. Thats how things are.

    Do you know how crazy soccer fans are in some countries?

    Thats how things are my friend.

    Like you said star worship is every where but how about slums in Bombay, Delhi, Hyderabad??? they are not every where???? how about un educated farmers that they do not know beyond their farms and villages... Common man be realistic with human touch....





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  • gc28262
    01-24 03:45 PM
    I have been a silent reader of Murthy forum, and I have been observing JoeF's posts. He is NOT an anti-immigrant. He is just educating people about the law. That's what I see from his posts. He is knowledgeable enough to answer the questions of the forum readers.

    Maybe his posts sound rude for the wounded and needy. But I think he isn't taking anything bad about immigration or prospective immigrants.

    Anyways, thats not the topic of this thread and don't mean to detract.

    I have been observing JoeF's posts from different threads. I can say for sure he doesn't know what he is talking about. He is just another sadistic person like snram4 on this forum.

    For instance JoeF says "he saw it coming" in reference to this memo. But the fact is, this memo is ILLEGAL. It has no legal base. Please refer to Murthy's latest newsletter. However members on murthy forum as well as you spicy_guy, thinks that JoeF is "knowledgeable". I am surprised to see that people who are here in this country for long believes all the BS that JoeF says.



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  • prem_goel
    05-29 03:02 PM
    I've met couple of guys who came on L1 and have filed GC in EB1. they are simply project managers and exploited this loop hole... I'd raised this issue earlier but was scoffed stating that I would have done the same if I would have been at their place...Felt like slapping the guy who made this stupid comment.

    Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....

    Please PM me if you have the details.





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  • MYGC2008
    09-24 10:24 AM
    There won't be any spillover to EB3 unless EB2 ROW becomes current.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.



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  • vasa
    07-03 03:40 PM
    American Dream suspended on the eve of American Independence

    For aspiring immigrants ,4th of July is not just a holiday and fireworks but a promise of all good things that are American , which comes to those who follow the law , live by her rules and wait patiently for their turn to be called Americans.

    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.

    To apply for a employment based "Green Card" , a employed worker's company needs to fulfill the

    requirements of the DOS/USCIS and the date the application is received by the department is referred to as the "priority Date". A movement of a month keeps the hopes and spirits high of the applicants and their families and a couple of months is sheer joy. In 2004 there was a negative trend of retrogression of
    the applications in queue and the dates moved back instead of moving front. It implied a waiting period of a couple of years at the minimum. So midway of the application process everything stalled, all eyes turned towards the senate and the house hoping they would mediate and provide respite to this broken situation. Nothing happened and so we waited for the much anticipated CIR as it was told to us that a comprehensive immigration reform will address the situation of the legal immigrants also besides its main agenda to solve the issue of illegal immigrants in this country.

    The CIR died , then mid June the USCIS came up with a bulletin announcing that it will start accepting applications for adjustment of status for all employment based applicants and their dependents ..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..little did we suspect that this was nothing but adding insult to the injury plan by the honorable DOS.. They had already prepared a rude

    shock when they released a bulletin update on July 2nd stating that they will not accept any applications as they had already allocated all the visas for the current fiscal year in a unprecedented action.
    This has left thousand of families like us confused, saddened and in the middle of nowhere.

    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 . We still have faith in the constitution and the spirit of this country and preserve faith that this wrongdoing will be reversed and we will get the opportunity to achieve what we have waited for years in a long queue, abiding by the law and fulfilling all requirements to the
    tee..
    On the eve of America�s independence let justice prevail and urge the congress and the STATE department to undo this monstrous decision of USCIS ..

    God bless America.





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  • pcs
    07-03 03:51 PM
    I talked to someone & got immediate appointment. Few minutes later I got anoter call back to reaffirm teir support

    Please call your congressman office. I am only asking them to ask USCIS to receive the application instead of rejecting it



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  • lalithkx
    07-15 06:04 PM
    Hi,

    I found that priority date field on my I-140 receipt is empty. Will this create any problem??
    I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.

    Thanks for the answers





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  • alisa
    07-03 11:33 PM
    Dear Senator XXX,

    USCIS and DOS played a cruel and gut-wrenching joke with the lives and feelings of hundreds of thousands of employment based greencard applicants.
    At first, DOS announced that visa numbers were available for July 2007, and so all applicants could apply for Adjustment of Status.
    Hundreds of thousands of applicants, with high hopes, went through hardships collecting documents and spent money in the month of June. People flew in their families from outside United States, and cancelled trips so that they could file for AOS.
    However, on July 2nd, the first day that USCIS could accept the applications, DOS declared that the visas were unavailable, and USCIS announced that they would reject all applications.

    How did this happen?
    USCIS worked feverishly to issue greencards, so that it did not have to deal with the applications that were going to be filed in July. According to unconfirmed reports, USCIS gave out 18000 employment-based greencards in the last day of June. USCIS does not even succeed in giving out 140K employment-based greencards in any given year.

    Please see this:
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
    And this:
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
    And this:
    http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg

    It is being suggested, though it still remains to be confirmed, that USCIS actions were either illegal, or a lapse in national security.
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html

    Representative Lofgren has issued letters to Secretaries Chertoff and Rice asking them to explain the behaviors of their departments.
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

    We hope that you would also demand answers from USCIS and DOS. We also hope that congress would pass legislation to ease the pains of the employment based greencard applicants, like SKILL bill.
    I look forward to hearing from you, and will gladly post your response publicly to share with other employment-based greencard applicants.





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  • abhijitp
    02-13 01:23 AM
    Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.

    Do not evade the question, is it okay to limit the number of gold medals per country to 7% of all? Talk about athletics or swimming, not soccer. Do you believe there are "too many" swimmers from Australia or the USA in every Olympics? It just does not seem right... the quota system kills competitive spirit.

    As Logiclife said in his post, EB GC inherited country caps from Family Based GC program. They are inappropriate in an EB GC scenario, and should be removed, that's it!





    pappu
    07-03 01:05 PM
    /\/\/\





    vdlrao
    07-21 11:13 PM
    Ron gotcher says dates will go back yesteryears:


    "Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."

    He says he got this from DOS.

    What abt this?

    PS: I am just asking not arguing.

    Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.



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