unitednations
02-13 01:17 PM
Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
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akred
02-15 11:11 PM
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.
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.
msp1976
02-18 09:43 PM
This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
In my opinion, it is more relevant to EB immigration....To support a higher number of benefit recipient you need a higher number of EB immigrant who are more likely to be productive that FB immigrants.....
Now that is equivalent of passing judgment on FB immigrants as being unproductive.....I know I am going to get flak on that...
In my opinion, it is more relevant to EB immigration....To support a higher number of benefit recipient you need a higher number of EB immigrant who are more likely to be productive that FB immigrants.....
Now that is equivalent of passing judgment on FB immigrants as being unproductive.....I know I am going to get flak on that...
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django.stone
06-15 02:05 PM
dilip,
i am not debating you point of view, in fact i agree that with the darwinism concept and hope the down economy brings gc to good & talented folks. your rollercoaster ride was from Mar 2001 to May 2003, about 2 yrs. in the current scenario people are waiting for 8+ years and most of them like myself at least 3 yrs. the situation is indeed different this time around with labor substitution, L1, porting etc. causing delays for earlier people, that's why you see more venting this time around.
i am not debating you point of view, in fact i agree that with the darwinism concept and hope the down economy brings gc to good & talented folks. your rollercoaster ride was from Mar 2001 to May 2003, about 2 yrs. in the current scenario people are waiting for 8+ years and most of them like myself at least 3 yrs. the situation is indeed different this time around with labor substitution, L1, porting etc. causing delays for earlier people, that's why you see more venting this time around.
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nixstor
07-03 06:34 PM
Wish the Senators a Happy Independence Day in the mail ....
Lets go guys its time to fill up those emails and fax machines .....
Please try to understand who is a senator and who is a representative. While that might not make any difference to us, it is of great importance if some one happens to get on our forums. Rep Zoe Lofgren. Not Senator Lofgren
Lets go guys its time to fill up those emails and fax machines .....
Please try to understand who is a senator and who is a representative. While that might not make any difference to us, it is of great importance if some one happens to get on our forums. Rep Zoe Lofgren. Not Senator Lofgren
trramesh
06-15 11:00 AM
For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.
Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.
We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.
The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.
Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.
We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.
The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.
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H1B-GC
08-15 09:30 AM
Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.
We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.
mpadapa has given almost exact count on EB limit for 2008.
http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90
The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.
Do you Agree Mr.Rao?
We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.
mpadapa has given almost exact count on EB limit for 2008.
http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90
The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.
Do you Agree Mr.Rao?
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rajsenthil
05-02 07:10 AM
There are few people here trying to mislead the biggest problem. When the Indians support SL Tamils, it is not just ethnic affinity, it is also based on our country's own interest. If India could not handle a country like SL, then what else we can do. I dont like the way India handling this situation, completely ignoring the deaths of thousands of innocent people. Even today, there was bombing on the hospital. It has become common now to bomb schools and hospitals and trying to justify that.
I still find it hard to equate a person death > tens of 1000's of innocent people death.
But still wanting for more deaths. India should step in and stop this genocide. It is shame on us to turn our face and watching it.
I still find it hard to equate a person death > tens of 1000's of innocent people death.
But still wanting for more deaths. India should step in and stop this genocide. It is shame on us to turn our face and watching it.
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breddy2000
09-04 11:05 AM
Dealsnet,
The contents of the link are facts. Do you have point to say so other than trying to pick on me and drifting from the fact that “YSR was a corrupt, factionist gunda, land grabber who has killed numerous people”
YSR being Christian, Hindu or Muslim does not change the facts. The link has some valid points.
Mr. CHANDV23.....You should have been aware that when you are logged in with your alias(aka _TrueFacts) it turns "Green dot" beside your ID. Your other ID "CHANDUV23" turns blue if you do not use it...
Still making me laugh the hell lot trying to prove your point by hiding behind your real Identity. Why not accept that you are indeed "CHANDUV23" Hahaha...
I guess this is what is called "Wolf in Sheep clothes"
The contents of the link are facts. Do you have point to say so other than trying to pick on me and drifting from the fact that “YSR was a corrupt, factionist gunda, land grabber who has killed numerous people”
YSR being Christian, Hindu or Muslim does not change the facts. The link has some valid points.
Mr. CHANDV23.....You should have been aware that when you are logged in with your alias(aka _TrueFacts) it turns "Green dot" beside your ID. Your other ID "CHANDUV23" turns blue if you do not use it...
Still making me laugh the hell lot trying to prove your point by hiding behind your real Identity. Why not accept that you are indeed "CHANDUV23" Hahaha...
I guess this is what is called "Wolf in Sheep clothes"
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vjkypally
07-04 09:50 AM
Just Digged all 3 links posted by Tikka
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pointlesswait
06-02 01:17 AM
country quota is not racial discrimination...u must be a fool to say that.
To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...
Its absurd to try to change the country quota..we must try for recapture..instead..
I do not agree ,
They should not deduct SS/Medicare taxes, If i am not eligible for it.
So basically you pay for a CAR , and you dont get the delivery.. What do you do??
We have been trying for the recapture. And i see no success, or even close to sucess.
A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.
I may be wrong , and this is just my opinion.
To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...
Its absurd to try to change the country quota..we must try for recapture..instead..
I do not agree ,
They should not deduct SS/Medicare taxes, If i am not eligible for it.
So basically you pay for a CAR , and you dont get the delivery.. What do you do??
We have been trying for the recapture. And i see no success, or even close to sucess.
A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.
I may be wrong , and this is just my opinion.
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485Mbe4001
09-23 05:38 PM
You can always edit your letter with comments that suit your case. The objective is to send a letter to support the idea. They they work out the details if and when they discuss it.
OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?
Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?
OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?
Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?
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northstar
07-21 01:16 PM
Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.
That is so true chandu, a few bad apples are destroying the social fabric of entire desi community.
That is so true chandu, a few bad apples are destroying the social fabric of entire desi community.
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logiclife
01-24 12:29 PM
hehehe, i dont think the sentence is too light - the US Prison system has so many jokes about the kinds of characters inside them...Hope this mandalapa guy gets a 'great' roomie - Once he comes out he would think twice about 'screwing' genuine GC applicants then - know what i mean??!!!!
He is going to India after prison. The paper says he is being deported after he gets out of prison.
So he wont be touching anyone's GC application ever.
He is going to India after prison. The paper says he is being deported after he gets out of prison.
So he wont be touching anyone's GC application ever.
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_TrueFacts
09-03 11:29 PM
I never thought CHANDUV23 will do dirty politics. A time will come to show the real color of the people. Do not rejoice when some one who is dead. It can happen to anyone. No guarenty we will see the home land again.
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
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andy garcia
06-27 08:32 AM
In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
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needhelp!
09-24 11:49 AM
Act on this one now!
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Kodi
05-25 01:11 PM
This is very true. When your passport is from a 3rd world country they give you such a hard time.
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aroranuj
09-23 01:33 PM
I am already a HOMEOWNER but I think this bill is good for all as those who buy new homes move out of the line & we move quicker. Congress works in strange ways & if the core thinks this is the best way to get around it & including current homeowners will be a dealbreaker I am for it....Lets support what we can get.
I emailed half the people on the list & will email the other half in the next couple of hours...
IV CORE: THANK YOU for thinking for every single possible way of getting us out of this rut...you have my full support!!!:)
I emailed half the people on the list & will email the other half in the next couple of hours...
IV CORE: THANK YOU for thinking for every single possible way of getting us out of this rut...you have my full support!!!:)
andy garcia
02-23 07:23 AM
Looking only at LCs that are awaiting immigrant visa numbers (ie, LCs that are "still in process" or "certified after current EB3 ROW cutoff dates") here is how it looks (copy to an XL sheet to view properly):
Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
------------------------------------------------------------------------
1997 to 2002, 269311, 59271, 24320, 51072
2002 to 2003, 36200, 7967, 3269, 6865
2003 to 2004, 13145, 2893, 1187, 2493
2004 to 2005, 6133, 1350, 554, 1163
The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.
So the situation is indeed hopeless and lobbying is the only way out.
Don't forget that a lot of those LC were being used for substitution($$$$) by the consulting companies. Once the regulation about eliminating substitution goes into effect. Some of those will not be able to be recycled.
Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
------------------------------------------------------------------------
1997 to 2002, 269311, 59271, 24320, 51072
2002 to 2003, 36200, 7967, 3269, 6865
2003 to 2004, 13145, 2893, 1187, 2493
2004 to 2005, 6133, 1350, 554, 1163
The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.
So the situation is indeed hopeless and lobbying is the only way out.
Don't forget that a lot of those LC were being used for substitution($$$$) by the consulting companies. Once the regulation about eliminating substitution goes into effect. Some of those will not be able to be recycled.
okuzmin
10-19 11:28 AM
I just got my medical forms from Canadian Consulate in Buffalo. Our documents were accepted on December 8, 2005, and the letter that accompanied medical forms and request for updated documents (interview has been waived) is dated October 4, 2006. Heh, I wish USCIS had this kind of turnaround. :)
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