garybanz
12-14 02:15 PM
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
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rockstart
02-12 12:50 PM
Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?
gjoe
02-14 04:20 PM
[QUOTE=paskal;223415]
I could be a member of drink-raw-milk Club. Am I supposed to declare that on I-485? ;)
Yes, I guess so. If the drink raw milk club is a registered orginization.
Disclosure : I am not a lawyer, please check with your legal ......no just save that money for a rainy day
:)
I could be a member of drink-raw-milk Club. Am I supposed to declare that on I-485? ;)
Yes, I guess so. If the drink raw milk club is a registered orginization.
Disclosure : I am not a lawyer, please check with your legal ......no just save that money for a rainy day
:)
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PlainSpeak
01-13 01:29 PM
thank you for your kind words. but why are you looking for PIG. are you not happy with your DOG. still we can be friends.
Thanks
MC
Now my friend Michael chertoff (Senior Member) there is no call for abuse in this forum because if you continue the same way you will go the way of forever_young and start sending IM to yoursleves and tell everyone that it came from me
Seriously - Can you not discuss something with an open mind
Thanks
MC
Now my friend Michael chertoff (Senior Member) there is no call for abuse in this forum because if you continue the same way you will go the way of forever_young and start sending IM to yoursleves and tell everyone that it came from me
Seriously - Can you not discuss something with an open mind
more...
h1b_forever
07-28 03:48 PM
Good one
With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D
With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D
EndlessWait
07-10 11:36 AM
bbye monseiur!
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mallu
02-13 02:00 PM
Well, i see only congress can do it. But still, in the EB skill based immigration that law is barbarian. Do companies find the much needed critical talent based on country of birth ?
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ivgclive
07-21 05:11 PM
Signs and Warning...
1. Mostly he seems to be a weird guy.
* God has given us special white blood cells that can find these guys.
* Listen to your inner soul when it says 'I don't feel comfortable'.
2. He walks with empty hands (RICH people) while all others in the shop walk with a cart and/or some goods.
3. Talks loudly, using words as if he is lending money to Warren Buffett or Bill Gates..
4. His approach.
* Are you Mr.<a name in south/north depends on your appearance>?
* I can't believe I meet you here.
* You look very familiar to me.
* You look like my younger brother / son / daughter / friend / father / mother / cousin / tomato / carrot / spinach etc
5. Look for these words...
* Do you want to make LOT of money? (eventhough he looks like a crap, wandering in a grocery store not buying anything, driving a 1990 Toyotta Tercel).
* I have a wonderful business opportunity for you.
* What do you do in your free time?
* I am running a eBusiness, eCommerce etc.
* Do you want to make use of your free time in a productive way.
* Count the number of times he uses the word 'Money', if it is more than 2 times, he is from that cult.
6. Finally,
* Can we meet sometimes this week?
* Do you want to attend a Business Meetting (!) with top heads next week?
* Do you want to just see what we are doing? (Why the hell I need to see?)
* Do you want to join us for a Tea, Cofee... (Believe me, they won't call you for Lunch or Dinner, eventhough they always talk about the LOT OF MONEY they have made)
I read lot of news from school and I learnt this 'multi-link' business 20 to 25 years back. So as soon as he asked me if I wish to make 'LOT OF MONEY' without working, I understood that the poisonous snakes had entered US long time back.
I had only one encounter 10 years back that went up to the so called 'Business meeting with Tea Party' because I was new to US and these guys were using an updated terminology.
From then on, I enjoy if I meet such people in Malls, grocery stores, Walmarts. I let him talk for about 20 - 30 mins when my wife is shopping. Asking him very basic questions as if I have not seen a $10 bill in my life. By the time he realizes that I am playing, my wife finishes shopping and we leave.
This way you can keep yourself updated on the tricks. Amazingly these guys read technology news a lot than us and upgrade their techniques.
1. Mostly he seems to be a weird guy.
* God has given us special white blood cells that can find these guys.
* Listen to your inner soul when it says 'I don't feel comfortable'.
2. He walks with empty hands (RICH people) while all others in the shop walk with a cart and/or some goods.
3. Talks loudly, using words as if he is lending money to Warren Buffett or Bill Gates..
4. His approach.
* Are you Mr.<a name in south/north depends on your appearance>?
* I can't believe I meet you here.
* You look very familiar to me.
* You look like my younger brother / son / daughter / friend / father / mother / cousin / tomato / carrot / spinach etc
5. Look for these words...
* Do you want to make LOT of money? (eventhough he looks like a crap, wandering in a grocery store not buying anything, driving a 1990 Toyotta Tercel).
* I have a wonderful business opportunity for you.
* What do you do in your free time?
* I am running a eBusiness, eCommerce etc.
* Do you want to make use of your free time in a productive way.
* Count the number of times he uses the word 'Money', if it is more than 2 times, he is from that cult.
6. Finally,
* Can we meet sometimes this week?
* Do you want to attend a Business Meetting (!) with top heads next week?
* Do you want to just see what we are doing? (Why the hell I need to see?)
* Do you want to join us for a Tea, Cofee... (Believe me, they won't call you for Lunch or Dinner, eventhough they always talk about the LOT OF MONEY they have made)
I read lot of news from school and I learnt this 'multi-link' business 20 to 25 years back. So as soon as he asked me if I wish to make 'LOT OF MONEY' without working, I understood that the poisonous snakes had entered US long time back.
I had only one encounter 10 years back that went up to the so called 'Business meeting with Tea Party' because I was new to US and these guys were using an updated terminology.
From then on, I enjoy if I meet such people in Malls, grocery stores, Walmarts. I let him talk for about 20 - 30 mins when my wife is shopping. Asking him very basic questions as if I have not seen a $10 bill in my life. By the time he realizes that I am playing, my wife finishes shopping and we leave.
This way you can keep yourself updated on the tricks. Amazingly these guys read technology news a lot than us and upgrade their techniques.
more...
angelfire76
01-14 03:38 PM
I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?
cinqsit
Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.
cinqsit
Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.
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gcdreamer05
07-17 11:50 AM
Hi Attorney,
My friend has an I-140 EB3 priority date oct 2005 approved and he had filed for 485 during july 2007.
He also has another approved LC under EB2 category and he has to file I-140 now.
In August 2008, the EB2 priority date becomes current for him since if he interfiles he would get oct 2005 on his new I-140.
Since he would be porting his EB3 PD to EB2 I-140, is it allowed that now in august he can file both I-140 & I-485 along with porting PD request.
or should he only file I-140 with porting request alone.
Does USCIS still allow concurrent filing and in this scenario can he file concurrently.
What happens to his earlier 485, does he need to withdraw it or how does it work. He is still working on his h1b now.
What will happen to the EAD which was recieved but not yet used. For the new 485 will he get a new EAD or how does EAD depend on changes to 485.
Please clarify.
Thanks.
My friend has an I-140 EB3 priority date oct 2005 approved and he had filed for 485 during july 2007.
He also has another approved LC under EB2 category and he has to file I-140 now.
In August 2008, the EB2 priority date becomes current for him since if he interfiles he would get oct 2005 on his new I-140.
Since he would be porting his EB3 PD to EB2 I-140, is it allowed that now in august he can file both I-140 & I-485 along with porting PD request.
or should he only file I-140 with porting request alone.
Does USCIS still allow concurrent filing and in this scenario can he file concurrently.
What happens to his earlier 485, does he need to withdraw it or how does it work. He is still working on his h1b now.
What will happen to the EAD which was recieved but not yet used. For the new 485 will he get a new EAD or how does EAD depend on changes to 485.
Please clarify.
Thanks.
more...
cps060
04-04 11:00 AM
Please let me know if anyone has done this before or you know what the procedure is.
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
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tikka
07-03 09:35 PM
http://immigrationvoice.org/forum/showthread.php?p=98755#post98755
Immigration Voice encourages all members to help AILF/AILA's potential lawsuit by joining them as plaintiffs and contribute funds to Immigration Voice. We will actively help AILF or other organizations in this lawsuit to force USCIS/DOS to compensate for :
1. Financial and other damages caused due to manipulation of Visa bulletins out of order.
2. Violation of federal regulations and precedents.
A victory in such a potential lawsuit could in effect may either force USCIS to accept the 485 petitions in July and accept the ones it may deny/return in July.
The outcome of lawsuit cannot be guaranteed but USCIS and DOS are certainly facing a tough fight from us as well as from AILA and like minded organizations.
Please contribute funds as Immigration Voice would need funds to finance an expensive lawsuit against USCIS/DOS should it decide to actively participate in a class action lawsuit.
Immigration Voice encourages all members to help AILF/AILA's potential lawsuit by joining them as plaintiffs and contribute funds to Immigration Voice. We will actively help AILF or other organizations in this lawsuit to force USCIS/DOS to compensate for :
1. Financial and other damages caused due to manipulation of Visa bulletins out of order.
2. Violation of federal regulations and precedents.
A victory in such a potential lawsuit could in effect may either force USCIS to accept the 485 petitions in July and accept the ones it may deny/return in July.
The outcome of lawsuit cannot be guaranteed but USCIS and DOS are certainly facing a tough fight from us as well as from AILA and like minded organizations.
Please contribute funds as Immigration Voice would need funds to finance an expensive lawsuit against USCIS/DOS should it decide to actively participate in a class action lawsuit.
more...
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gimmeacard
07-28 04:08 PM
#1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.
He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...
Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.
Good HUmor for a wednesday..
BTW, i lost a good old friend right in first week of landing, we worked @ same company in India(birlasoft), were happy to reach Uncle Sam, (he came before me)- asked me to join a meeting, will arrange pickup etc. somehow i missed the ride- LUCKY ME
next day again it started out - he never said what it was about who is involved etc.
i said no i dont think i would like to be involved, i was still calculating $1 = 45 Rupees, MCDONALD # 3 combo is Rs 300 oh lala, too expensive( YEAR 2000)
So my kanjusi paid off, see sometimes being lazy helps
In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.
He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...
Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.
Good HUmor for a wednesday..
BTW, i lost a good old friend right in first week of landing, we worked @ same company in India(birlasoft), were happy to reach Uncle Sam, (he came before me)- asked me to join a meeting, will arrange pickup etc. somehow i missed the ride- LUCKY ME
next day again it started out - he never said what it was about who is involved etc.
i said no i dont think i would like to be involved, i was still calculating $1 = 45 Rupees, MCDONALD # 3 combo is Rs 300 oh lala, too expensive( YEAR 2000)
So my kanjusi paid off, see sometimes being lazy helps
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GCAmigo
02-14 12:24 PM
Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date. oguinan
a 3-yr deadline..as I just entered my 4th year of this endless pain..
a 3-yr deadline..as I just entered my 4th year of this endless pain..
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jayleno
07-22 12:07 PM
Dont you think you took it too far? I dont think you make much sense. There it is, since you asked for my opinion.
Smile - I can prove this is a relevant topic ..how..
Some of these jokers (Quikstar..Amway) have filed GC in EB2 and Eb3 which is illegal, someday states Like Arizona will declare that anyone looking like us should be checked for Amway membership and deported
Profiling is an issue and because of some jokers we all may have to go thru scrutiny.
We should ask USCIS to check all GC applicants name in Amway database and if found USCIS needs to send them to Mexico (because illegal)..
We should write to senators... your opinion on this? ( this way Indiancommunity can be clean and fight for legal hardworking people in immigration policy)
Smile - I can prove this is a relevant topic ..how..
Some of these jokers (Quikstar..Amway) have filed GC in EB2 and Eb3 which is illegal, someday states Like Arizona will declare that anyone looking like us should be checked for Amway membership and deported
Profiling is an issue and because of some jokers we all may have to go thru scrutiny.
We should ask USCIS to check all GC applicants name in Amway database and if found USCIS needs to send them to Mexico (because illegal)..
We should write to senators... your opinion on this? ( this way Indiancommunity can be clean and fight for legal hardworking people in immigration policy)
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pbuckeye
07-30 03:06 PM
After reading so many cold calling failures, I am yet to see a "success story" of this methodology.
If nobody got "converted" after being approached by a total stranger in a public place, why does BWW/Quixstar/Amway continue to do it.
Perhaps we should ask Q/Teddy to collect this data, analyze it and prove to them the futility of it all. Maybe then they will stop and everybody can shop/work/study in peace. :D
If nobody got "converted" after being approached by a total stranger in a public place, why does BWW/Quixstar/Amway continue to do it.
Perhaps we should ask Q/Teddy to collect this data, analyze it and prove to them the futility of it all. Maybe then they will stop and everybody can shop/work/study in peace. :D
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shree19772000
08-03 01:24 PM
Hi All,
I am starting a new thread to clarify a roumour I heard that begining August 2006 the labour substitution is not possible. Can anyone confirm this please.
Thanks
I am starting a new thread to clarify a roumour I heard that begining August 2006 the labour substitution is not possible. Can anyone confirm this please.
Thanks
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la6470
01-16 02:37 PM
The fact is , as I perceive it to be , is that when this country needed the IT consulting industry to boom (pre dot com and a few years thereafter) they allowed consulting companies to send their employers to the client site (I dont understand how else a consulting firm can operate). However now the situation is changed and as per some misguided folks in USCIS going after the h1b consulting companies will DRAMATICALLY improve the job market for locals here. However the truth is that it is not going to help the locals. With the introduction of cloud computing, widespread broadband penetration around the globe and the software as a service model - the services will simply shift to the most optimum location. You can allready see it happening - just go to elance.com or guru.com and you will see small (1-10) person companies based in India and Russia earning more than half a million USD per year. At the end of it - these are nothing but misguided efforts by a prehistoric government agency that is governed by archaic rules that are irrelevant in today's world.
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YesGC_NoGC
06-26 12:55 PM
Fact - My 485 has not ben filied yet, still on mercey of Employer after giving them all the paperwork. My PD was current for June filing.
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
jsb
06-04 12:57 PM
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
I just used the term Interim GC to convey the idea, it could be named anything. It could also be mere letter "...your application for AOS has been approved....formal card will be issued when visa number becomes available". EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC (or whatever it should be called) may provide all rights of a GC holder, awaiting final count in the legal register of permanent residents (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, marriage certificates, etc. should be asked. It should reduce burden on USCIS too. They have to keep on checking again and again on validity of everything we write in our application.
I just used the term Interim GC to convey the idea, it could be named anything. It could also be mere letter "...your application for AOS has been approved....formal card will be issued when visa number becomes available". EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC (or whatever it should be called) may provide all rights of a GC holder, awaiting final count in the legal register of permanent residents (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, marriage certificates, etc. should be asked. It should reduce burden on USCIS too. They have to keep on checking again and again on validity of everything we write in our application.
at0474
12-14 03:55 PM
Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
--Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
--Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"
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