yabadaba
06-27 03:19 PM
Three facts, followed by one interpretation.
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
awesome reply! I still have the color question open to macaca. now instead of red blue/bold/non bold he has started using green also. either he is color blind or i am going to end up color blind when i read the news article thread
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
awesome reply! I still have the color question open to macaca. now instead of red blue/bold/non bold he has started using green also. either he is color blind or i am going to end up color blind when i read the news article thread
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unitednations
02-13 02:41 PM
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 don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
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 don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
pointlesswait
10-01 05:54 PM
china an economic superpower..;-)..good joke..
It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....
every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:
i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:
btw..thanks for those red dots..
The naysayers saying that all assets backed by mortgage by securities are worthless. How can a freaking house become worthless? Yes its market value may have fallen but it is quite possible to increase the market value of houses by increasing demand. And how one can increase demand of houses? Simply by welcoming more skilled and educated foreign workers and making US immigration system more friendly to the immigrants who wants to stay here, buy a house here and raise a family. USA needs fresh blood not protectionist measures that will simply make it a country with huge tracts of land , low population density and constantly outmaneuvered in the international market by other economic superpowers like China.
It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....
every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:
i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:
btw..thanks for those red dots..
The naysayers saying that all assets backed by mortgage by securities are worthless. How can a freaking house become worthless? Yes its market value may have fallen but it is quite possible to increase the market value of houses by increasing demand. And how one can increase demand of houses? Simply by welcoming more skilled and educated foreign workers and making US immigration system more friendly to the immigrants who wants to stay here, buy a house here and raise a family. USA needs fresh blood not protectionist measures that will simply make it a country with huge tracts of land , low population density and constantly outmaneuvered in the international market by other economic superpowers like China.
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AB1275
09-25 03:51 PM
I have applied on EB2. My PD is Oct 2006. My I-140/I-485 was filed concurrantly. How long do you think is my wait?
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snathan
03-30 04:03 PM
Nathan, it is not about MMS, it is about congress. MMS is just a puppet as he was during Narasimha Rao's govt.
Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?
Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.
Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?
Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.
snram4
01-15 04:23 PM
Probably you may be receiving green dots from the members who are from non-bodyshoppers and red dots from the persons who are working in bodyshoppers. Basically every individual want a law which is favourable for him. If it is against him he will oppose even if that is correct. It is normal.
I'm not sure why ppl gave me red for posting a business practice of desi dallas.
Can you please tell me if what I posted is wrong or you just don't want to accept the facts?
I trust the talent of desi dallas, they will come up with a way to circumvent this
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff
I'm not sure why ppl gave me red for posting a business practice of desi dallas.
Can you please tell me if what I posted is wrong or you just don't want to accept the facts?
I trust the talent of desi dallas, they will come up with a way to circumvent this
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff
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paskal
07-17 12:58 PM
Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?
this is not correct. ROW continues to get preference.
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
this is not correct. ROW continues to get preference.
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
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hebbar77
09-04 06:22 PM
dealsnet,
Don�t assume that things will work like they work in YSR regime.
If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.
True facts: I am with you on your thoughts. I feel the same for OUR country.
Don�t assume that things will work like they work in YSR regime.
If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.
True facts: I am with you on your thoughts. I feel the same for OUR country.
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visves
06-28 09:51 AM
I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.
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kondur_007
07-22 02:20 PM
for EB3 - I guess it is good that they are not allowing concurrent /premium 140 filing ..am I right ? because if they make EB2 current and they cannot use up the visas then they would make EB3-ww available ? wishfull thinking ..but hope that it works / happens that way
Yes, that is a wishful thinking.
The issue for EB3 is this:
There is already a big backlog of EB2 cases, and unless EB2 numbers overflow to EB3, it will not advance to any appreciable extent. (also the number of filers in EB3 is higher than in EB2: including large numbers in EB3 ROW--not just highly subscribed countries).
It would be anybody's guess when EB3 will move; but my guess is: not for next 2-3 years and may be longer (I dont mean to offend anyone, this is just my guess) unless there is a change in law (likely to happen with new president).
If I were EB3 today, this is what I would do: Try to get EB2. (and I do realize that it is very expensive, time consuming and merely impossible for many EB3). When I mentioned this in one of my previous posts, I got an angry reply "then EB2 will become like EB3"....BUT THIS JUST SOMETHING FROM THE STAND POINT OF SOMEONE IN EB3....remember, i dont want people ahead of me in line either (I am EB2 and people switching from EB3 to EB2 with older priority dates will only delay MY GC; this is just an opinion from the stand point of EB3).
If you are EB3 (and PD is not VERY old), and if you can not switch to EB2; sit back and relax...be happy with your EAD and AP and it is only a matter of time (I know, it is easy to say and I really do not mean to offend anyone here, but that is the reality...).
Good luck to everyone...
Yes, that is a wishful thinking.
The issue for EB3 is this:
There is already a big backlog of EB2 cases, and unless EB2 numbers overflow to EB3, it will not advance to any appreciable extent. (also the number of filers in EB3 is higher than in EB2: including large numbers in EB3 ROW--not just highly subscribed countries).
It would be anybody's guess when EB3 will move; but my guess is: not for next 2-3 years and may be longer (I dont mean to offend anyone, this is just my guess) unless there is a change in law (likely to happen with new president).
If I were EB3 today, this is what I would do: Try to get EB2. (and I do realize that it is very expensive, time consuming and merely impossible for many EB3). When I mentioned this in one of my previous posts, I got an angry reply "then EB2 will become like EB3"....BUT THIS JUST SOMETHING FROM THE STAND POINT OF SOMEONE IN EB3....remember, i dont want people ahead of me in line either (I am EB2 and people switching from EB3 to EB2 with older priority dates will only delay MY GC; this is just an opinion from the stand point of EB3).
If you are EB3 (and PD is not VERY old), and if you can not switch to EB2; sit back and relax...be happy with your EAD and AP and it is only a matter of time (I know, it is easy to say and I really do not mean to offend anyone here, but that is the reality...).
Good luck to everyone...
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LostInGCProcess
08-18 09:43 PM
I usually just browse through these forums and I really appreciate the effort put in by the organizers. But this thread gave me an urge to respond and perhaps talk.
Don't ever be that Indian guy in the office. Be a smart global citizen.
Wow!!! Nice post. I like the last line you mentioned. :)
Don't ever be that Indian guy in the office. Be a smart global citizen.
Wow!!! Nice post. I like the last line you mentioned. :)
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snthampi
07-30 01:11 PM
Met this dude once in a grocery store, he and his hot wife gave me the amway speil. I said listen buddy give me a time to visit your house and number. I called him and we played phone tag, one day I called and his wife picked up, i ASKED IF i could come, she was hesitant and said he was out of state for a conference but I convinced her that it's ok. When I arrived I brought a bottle of wine and then she was all over me in 5 mins. Sigh what a wonderful time....
Sounds like a fake story???? Or may be true. But is very very funny :D
Sounds like a fake story???? Or may be true. But is very very funny :D
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Googler
02-13 01:01 PM
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
One thing to note in this dicussion is that this reallocation to oversubscribed countries is far from seamless. If cutoff dates for oversubscribed countries are not moved up in the 3rd quarter (as opposed to the fourth quarter of the fiscal year), part of the pie DOES get thrown out, as it has in recent years 2003 (88.4K), 2004 (47,3K), 2006 (10.2k) [see 2007 Ombudsmans Report, p. 34 which gives the data for these years and going back to 1992]. This is absolutely infuriating since 2003-2004 these were also the years that largely created the present backlog of applicants with early PDs. How on earth can you justify throwing out 10.2K greencards in 2006 (FY 2007) EVEN AFTER the June 2007 greencard free for all??
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
One thing to note in this dicussion is that this reallocation to oversubscribed countries is far from seamless. If cutoff dates for oversubscribed countries are not moved up in the 3rd quarter (as opposed to the fourth quarter of the fiscal year), part of the pie DOES get thrown out, as it has in recent years 2003 (88.4K), 2004 (47,3K), 2006 (10.2k) [see 2007 Ombudsmans Report, p. 34 which gives the data for these years and going back to 1992]. This is absolutely infuriating since 2003-2004 these were also the years that largely created the present backlog of applicants with early PDs. How on earth can you justify throwing out 10.2K greencards in 2006 (FY 2007) EVEN AFTER the June 2007 greencard free for all??
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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.
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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
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ash27
04-02 11:47 PM
Sk2006, you seem to have an issue. What is your problem if other people want to share their thoughts through this collaboration platform. I told u earlier that if u r not interested, don't go through this thread. If u are sincere, then u will not reply kiddishly and will act sensibly.... Grow up dude....
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diptam
12-17 03:59 PM
Is the new Obama Administration going to consider "Instant GC" if we buy a House ? I'm thinking about the huge inventory of vacant house and how many could be bought up by GC holders... Its probably a fraction - Isn't it ?
Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".
It will definately help to draw attention to our issues if more people in the community will participate.
.
Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".
It will definately help to draw attention to our issues if more people in the community will participate.
.
girlfriend %IMG_DESC_14%
praveenuppaluri
04-01 03:32 PM
Mirage, thanks for the correction..
wondering what he is going to promise to people of Moradabad !?!
Litte correction dude, Hyderabad people know this man from top to bottom, so he's contesting from Moradabad.
wondering what he is going to promise to people of Moradabad !?!
Litte correction dude, Hyderabad people know this man from top to bottom, so he's contesting from Moradabad.
hairstyles %IMG_DESC_11%
unitednations
02-14 04:00 PM
The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.
How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.
Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.
Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.
The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.
Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.
People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?
Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.
How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.
Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.
Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.
The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.
Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.
People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?
Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.
PlainSpeak
01-13 04:36 PM
Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.
By the way, I don't think you won ANYONE over so far. Keep trying...
Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.
You have been called Myfriend by me in all the posts in all the messages (I know i slipped in between but if you refer the messages i also did apolozise for calling some one a Bigot and Idiot). Now what i cannot understand is that you have never had the courage to so the same and are keeping up the same tone. No matter it si ok becasue to agrre you were wrong and apolozie needs more courage then anyone would know
What enemy are you referring to. I never called anyone on IV my enemy (and i can prove it by checking my previous post). The only place i used the word enemy was when i said that if you guys consider me your enemy you need to check all my posts to see how i have been in this forum from 2006 helping people when i can and Getting help when i needed it.
So you saw WHAT coming. What you actaully see coming is a bright light down a dark tunnel and when it gets closer there is a boom. That is when you wake up and smell the roses (So that there is no more misunderstanding and since it pains me to see your angry post again i will explain that what i mean is that you will realize that i am not your enemy). Of course there is no chance of you agreeing with me and that is ok. As long as you realize that i am not your enemy we are good. Atleast that would stop the abuse.
Oh i think i missed that part of sense and not rhetoric. Well it is like this my friend if you are speaking sense and not rhetoric it is good for you. What should be clear is when you speak sense (which by the way is always the way to go) i can choose to not agree with you and that should not blow you mind off and get you angry. Something similar to what i say when you abuse me and say that i am wrong and go all ballastic on me. Try it it will work out better for everyone
By the way, I don't think you won ANYONE over so far. Keep trying...
Since you are a junior member i will let this mistake slide through (But do not feel bad there are some senior members out here with the same statement which i must say is very surprising).
Unlike others i am not here to convert people to my point of view and win some one over to my side.
This is a forum and there are no sides (Actually there are so many to sides to count lets go with no sides). In a forum there is consensus and any decision is made on consensus. For forum members to come to a consensus they need to know what they are agreeing upon and to need to know people need to discuss. Not every idea wil work out and not every disucssion wil lead to a consensus, but as i told before that is the beauty of it.
Hope i was able to answer you satisfactorily and of course if you were not looking for an answer becasue you were just being angry i hope you sleep on it tonight and come back tommorow because my my friend all the junior members of today are the key persons of IV tommorow (Everyone else Please do not take that literally i mean in the future and NO i am not inciting anyone)
So tommorow if i call you my friend again if i see an reply from you which not abusive (It is ok to NOT agree with me. That is your god given right) i for one wil be very happy
Please remember that does not mean i converted you (Well actually that would indeed be a conversion from a abusive person on the forum to a person who listens to all sides with calm) but that is another battle
By the way, I don't think you won ANYONE over so far. Keep trying...
Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.
You have been called Myfriend by me in all the posts in all the messages (I know i slipped in between but if you refer the messages i also did apolozise for calling some one a Bigot and Idiot). Now what i cannot understand is that you have never had the courage to so the same and are keeping up the same tone. No matter it si ok becasue to agrre you were wrong and apolozie needs more courage then anyone would know
What enemy are you referring to. I never called anyone on IV my enemy (and i can prove it by checking my previous post). The only place i used the word enemy was when i said that if you guys consider me your enemy you need to check all my posts to see how i have been in this forum from 2006 helping people when i can and Getting help when i needed it.
So you saw WHAT coming. What you actaully see coming is a bright light down a dark tunnel and when it gets closer there is a boom. That is when you wake up and smell the roses (So that there is no more misunderstanding and since it pains me to see your angry post again i will explain that what i mean is that you will realize that i am not your enemy). Of course there is no chance of you agreeing with me and that is ok. As long as you realize that i am not your enemy we are good. Atleast that would stop the abuse.
Oh i think i missed that part of sense and not rhetoric. Well it is like this my friend if you are speaking sense and not rhetoric it is good for you. What should be clear is when you speak sense (which by the way is always the way to go) i can choose to not agree with you and that should not blow you mind off and get you angry. Something similar to what i say when you abuse me and say that i am wrong and go all ballastic on me. Try it it will work out better for everyone
By the way, I don't think you won ANYONE over so far. Keep trying...
Since you are a junior member i will let this mistake slide through (But do not feel bad there are some senior members out here with the same statement which i must say is very surprising).
Unlike others i am not here to convert people to my point of view and win some one over to my side.
This is a forum and there are no sides (Actually there are so many to sides to count lets go with no sides). In a forum there is consensus and any decision is made on consensus. For forum members to come to a consensus they need to know what they are agreeing upon and to need to know people need to discuss. Not every idea wil work out and not every disucssion wil lead to a consensus, but as i told before that is the beauty of it.
Hope i was able to answer you satisfactorily and of course if you were not looking for an answer becasue you were just being angry i hope you sleep on it tonight and come back tommorow because my my friend all the junior members of today are the key persons of IV tommorow (Everyone else Please do not take that literally i mean in the future and NO i am not inciting anyone)
So tommorow if i call you my friend again if i see an reply from you which not abusive (It is ok to NOT agree with me. That is your god given right) i for one wil be very happy
Please remember that does not mean i converted you (Well actually that would indeed be a conversion from a abusive person on the forum to a person who listens to all sides with calm) but that is another battle
jsb
06-05 10:18 AM
Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.
Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.
EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.
Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.
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