
sledge_hammer
02-16 08:27 AM
Great find!
I guess all the talk about suing USCIS will go down the toilet based on this excerpt from the article -
"Assuming that under the plenary power doctrine noncitizens possess few, if any, constitutional protections with respect to entering the country, the implications of racial and national origin exclusions on citizens must be considered. Because the Constitution unquestionably protects the rights of citizens, citizens claiming injury have a better chance at successfully challenging the immigration laws than noncitizens directly affected by their operation. Courts have recognized that citizens in certain circumstances may challenge the lawfulness of immigration laws because of the impact on their rights."
oguinan,
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
I guess all the talk about suing USCIS will go down the toilet based on this excerpt from the article -
"Assuming that under the plenary power doctrine noncitizens possess few, if any, constitutional protections with respect to entering the country, the implications of racial and national origin exclusions on citizens must be considered. Because the Constitution unquestionably protects the rights of citizens, citizens claiming injury have a better chance at successfully challenging the immigration laws than noncitizens directly affected by their operation. Courts have recognized that citizens in certain circumstances may challenge the lawfulness of immigration laws because of the impact on their rights."
oguinan,
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
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onemoredesi
06-21 07:39 PM
Hey guys,
I think this issue is being blown out of proportion. Its not that easy to get approved using labor substitution. Recently, I came across a pre approved labor but could not use it..just because the skills that are mentioned and what I work in do not match..
Let us say if my pending labor is filed as a Programmer Analyst with experience in Java, J2EE, etc and the pre approved labor is a VB/ASP position then I cannot use it, even if I fake VB/ASP experience. This is because, my pending applicaiton will be pulled when my I140 is applied and the 2 applications do not match.. That itself will raise a red flag.
People who are using labor substitution needs to be extremely lucky to have found a pre-approved labor in their field of work and with a PD which is current..
My strong opinion is that Labor Substitution is not at all the reason for our problems..My Labor still unapproved is 2003 PD and I did my Master's here but my company did not file my application in eb2..I have been looking for a pre approved labor which is before 2003... came across two, but could not use either of them..
Just my 2 cents!
1MoreDesi
I think this issue is being blown out of proportion. Its not that easy to get approved using labor substitution. Recently, I came across a pre approved labor but could not use it..just because the skills that are mentioned and what I work in do not match..
Let us say if my pending labor is filed as a Programmer Analyst with experience in Java, J2EE, etc and the pre approved labor is a VB/ASP position then I cannot use it, even if I fake VB/ASP experience. This is because, my pending applicaiton will be pulled when my I140 is applied and the 2 applications do not match.. That itself will raise a red flag.
People who are using labor substitution needs to be extremely lucky to have found a pre-approved labor in their field of work and with a PD which is current..
My strong opinion is that Labor Substitution is not at all the reason for our problems..My Labor still unapproved is 2003 PD and I did my Master's here but my company did not file my application in eb2..I have been looking for a pre approved labor which is before 2003... came across two, but could not use either of them..
Just my 2 cents!
1MoreDesi

pitha
09-24 12:39 PM
EB2 India forward movement will happen if and only IF USCIS\DOS does Eb1-->eb2 Row-->Eb2 India \China visa spillover every quarter. There are 4050 pending eb1 485, assuming about 2000 more eb1 485 are added for the next 2 months ther will be 4000 Eb1 (10000-4050-2000) visas avialable for spillover in December 2009. If DOS does a spillover into Eb2 ROW then there would be forward movement for Eb2 India as there are only 7150 Eb2 ROW 485 pending and if 1000 more eb2 row are added for next 2 months EB2 India\china should get approximately 6000 visas [10000 -7150(pending eb2 485-1000(new eb2 485 for next 2 months) + 4000(spillover from Eb1)]. If they dont do spillover the above way then Eb2 india dates would most probably move back until August\Spetember 2010. Can we request DOS to do spilllover every quarter instead of every year because they know the demand from the USCIS report and lot of Eb2 India\ China 485 are pre adjudicated.
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vikki76
01-13 06:02 PM
That seems to be the intention here..
more...

chanduv23
06-27 11:34 PM
This thread is enough to keep the BP at higher levels to the already stressed out folks.
A lot of people who do not follow immigration stuff have the following perception
(1) All dates moved - we will all get green cards
(2) People started applying PERM now - thinking they can make it by September
(3) They think US wants to keep its valuble people and thats why they opened up the gates
(4) Some think Indian govt putting pressure on US govt to issue GCs to Indians or else threaten to severe trade ties
(5) Some thing There is a link between CIR and this. Before CIR is forced implemented they want to clear their existing backlogs so that they get ready to deal with Y and Z stuff
(6) Some think this decision was taken to clear backlogs so that every new applicant will come under the new points system proposed in CIR
So many theories, interpretations, perceptions ..... Everything seems to be a perception here
A lot of people who do not follow immigration stuff have the following perception
(1) All dates moved - we will all get green cards
(2) People started applying PERM now - thinking they can make it by September
(3) They think US wants to keep its valuble people and thats why they opened up the gates
(4) Some think Indian govt putting pressure on US govt to issue GCs to Indians or else threaten to severe trade ties
(5) Some thing There is a link between CIR and this. Before CIR is forced implemented they want to clear their existing backlogs so that they get ready to deal with Y and Z stuff
(6) Some think this decision was taken to clear backlogs so that every new applicant will come under the new points system proposed in CIR
So many theories, interpretations, perceptions ..... Everything seems to be a perception here

Jerrome
09-25 02:53 PM
I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
using following report
NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558
Using the report from 12/31/2008 (did not find a newer report)
PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
PERM pending : 53200
For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.
For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.
If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.
So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
using following report
NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558
Using the report from 12/31/2008 (did not find a newer report)
PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
PERM pending : 53200
For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.
For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.
If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.
So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.
more...

dvb123
02-14 03:00 PM
Since the lawsuit is about the getting the lost visa numbers it will be a good case.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
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Milind123
07-24 07:33 PM
Good luck buddy. Well said.
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santa123
09-24 12:48 AM
I am not trying to ruin this party... Let us not start our celebrations yet.
what if the EB2 & EB3 dates go backwards in Nov visa bulletin?
Should we be ready to face it too?
After all we are dealing with ****** USCIS....:rolleyes::eek::confused:
what if the EB2 & EB3 dates go backwards in Nov visa bulletin?
Should we be ready to face it too?
After all we are dealing with ****** USCIS....:rolleyes::eek::confused:
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old_hat
05-02 02:38 PM
The issue started long before LTTE but it has not stayed static. There were many opportunities to set it correct which LTTE shunned. Again a lot of Tamils joined mainstream in Lanka and LTTE went after them too.
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ryan
08-18 03:46 PM
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
btw...given some of the clowns on this form, I just want to say I haven't given you a thumps down (or an up). I respect what you have to say, even though we disagree.
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
btw...given some of the clowns on this form, I just want to say I haven't given you a thumps down (or an up). I respect what you have to say, even though we disagree.
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WeldonSprings
09-15 04:36 PM
Hello Sachug 22,
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
Here are my Estimate of pending EB2 India case for give years
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
Here are my Estimate of pending EB2 India case for give years
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
more...
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shreekhand
08-15 01:40 PM
Couldn't have agreed any more than this:
Don't make a big deal of Shah Rukh's detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)
Don't make a big deal of Shah Rukh's detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)
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samay
07-06 12:03 PM
My LC applied in Feb 2008
LC approved Apr 2008
I-140 Applied May 2008
My 6th yr H1B expires Dec 2008
H1B Maxout Jan 2008
I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?
or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.
Hello
In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.
LC approved Apr 2008
I-140 Applied May 2008
My 6th yr H1B expires Dec 2008
H1B Maxout Jan 2008
I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?
or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.
Hello
In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.
more...
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lipstickonuscis
09-23 12:24 PM
Nixtor,
I am wondering if they will be eligible for exemption too. I am sure some of us have already taken the risky plunge and bought a house.
I am wondering if they will be eligible for exemption too. I am sure some of us have already taken the risky plunge and bought a house.
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rahulpaper
06-28 04:58 PM
In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exhausted..it wasnt USCIS directly jumping to conclusions.
my 2 cents..
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
my 2 cents..
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
more...
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waitingmygc
01-14 12:43 AM
Working with direct vendor will work. Please read:
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Dakota Newfie
12-14 04:06 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
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raydon
08-16 09:36 PM
How is debating about this detention going to do anything for immigration? And things could get worse for immigrants on the health care front if they lose their jobs, if this article is to be believed (the venom against immigrants in the comments section is just too much)
30,000 immigrants to soon lose state health insurance - The Boston Globe (http://www.boston.com/news/local/massachusetts/articles/2009/08/15/30000_immigrants_to_soon_lose_state_health_insuran ce/)
30,000 immigrants to soon lose state health insurance - The Boston Globe (http://www.boston.com/news/local/massachusetts/articles/2009/08/15/30000_immigrants_to_soon_lose_state_health_insuran ce/)
fairman
08-15 10:47 PM
I believe visitors get finger printed and photographed . Isn't that in the system ?
If they felt suspicious on this 'khan' they should have pulled the records from computer .
Dealing with USCIS ( and the service center Information Officers ) , they are either arrogrant or idiots. They also hate computers.
If they felt suspicious on this 'khan' they should have pulled the records from computer .
Dealing with USCIS ( and the service center Information Officers ) , they are either arrogrant or idiots. They also hate computers.
BharatPremi
12-14 03:19 PM
Yep.
O.k here I am trying to reach the conclusion for my own proper understanding: Whether it is "Discriminative" OR "Restrictive" OR both OR none
Scenario Example:
-----------------
Year 2009:
ROW EB: Only Britain nationals apply say 30000 people - No other ROW
national apply
ROW EB current
NO EB Backlog for ROW
What will happen to the files of (30000 -9800) these britain nationals?
O.k here I am trying to reach the conclusion for my own proper understanding: Whether it is "Discriminative" OR "Restrictive" OR both OR none
Scenario Example:
-----------------
Year 2009:
ROW EB: Only Britain nationals apply say 30000 people - No other ROW
national apply
ROW EB current
NO EB Backlog for ROW
What will happen to the files of (30000 -9800) these britain nationals?
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