RattuRani
06-10 09:29 PM
Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
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gauravster
06-05 11:58 AM
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.
It is not fair, as this is happening to only people from one/few nationalities. For it to be fair, it should be the case with everyone. It is only fair that once it is proved that a person with the requisite skills is needed and not available among the US citizens, these people should be allowed to move freely so that they are not exploited.
The only way to prevent fraud is to make the initial process of requirement more robust, unfortunately, there is not much that can be improved. Make the process easier and we increase fraud. Make process more difficult and we increase rejections for genuine applications and affect competitiveness. Its is fine line. delaying at any later stage based on nationality is outright unfair to those nationals and potentially could be termed racism.
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.
It is not fair, as this is happening to only people from one/few nationalities. For it to be fair, it should be the case with everyone. It is only fair that once it is proved that a person with the requisite skills is needed and not available among the US citizens, these people should be allowed to move freely so that they are not exploited.
The only way to prevent fraud is to make the initial process of requirement more robust, unfortunately, there is not much that can be improved. Make the process easier and we increase fraud. Make process more difficult and we increase rejections for genuine applications and affect competitiveness. Its is fine line. delaying at any later stage based on nationality is outright unfair to those nationals and potentially could be termed racism.
immi_seeker
09-14 03:04 PM
I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
Total pending I-485 in 2005 (EB2 India) ~ 8000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
seems to be a good and close to accurate analysis. we have to wait & see
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
Total pending I-485 in 2005 (EB2 India) ~ 8000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
seems to be a good and close to accurate analysis. we have to wait & see
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vdlrao
07-21 05:33 PM
Spillover is usually USCIS inefficiency to allocate them. The law says USCIS can leave some visa unassigned but cannot over assign even a single visa for a year.
This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.
This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.
more...
sachug22
10-07 05:10 PM
Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.
My numbers
EB1 all - 17K
EB2 ROW - 22K
EB2-I 30K
EB2-C 9K
EB3 all - 40K
EB4 all - 7K
EB5 all - 7K
CP - 8K
I am assuming zero spill over from family category and lower CP numbers (no retrogress country applicant will wait for CP and new applications are low)
My numbers
EB1 all - 17K
EB2 ROW - 22K
EB2-I 30K
EB2-C 9K
EB3 all - 40K
EB4 all - 7K
EB5 all - 7K
CP - 8K
I am assuming zero spill over from family category and lower CP numbers (no retrogress country applicant will wait for CP and new applications are low)
soljabhai
12-14 04:55 PM
well as of now, 15 October 2002 is the Cut-off date for ROW EB3 is not much worse than the cutoff dates for the other oversubscribed countries. (somewhere in 2001). Considering we are on the threshold of 2008
In the hypothetical scenario EB3 ROW won't be much worse. Especially since many (majority) Indian's have transferred to EB2 already.
So I don't understand how would ROW EB3 be much worse off than now.
The only "real losers" will be ROW EB2 which is current. As far as I know they are not constituents/members of IV so we should not worry about them.
In the hypothetical scenario EB3 ROW won't be much worse. Especially since many (majority) Indian's have transferred to EB2 already.
So I don't understand how would ROW EB3 be much worse off than now.
The only "real losers" will be ROW EB2 which is current. As far as I know they are not constituents/members of IV so we should not worry about them.
more...
thomachan72
01-14 07:03 AM
This news has left a lot of our members without sleep I guess. There could be somany people who might be involved in such contract comapanies. At some point we will have to decide between; Can I/we do something about this or how do I prepare myself for such an eventuality.
I think IV members should work with AILA by offering support and seek their advice on how to understand and face this issue. Some of our members pointed out the AILA is working on this issue so let us contact them first.
If it seems worthy enough to write to the USCIS directly (properly crafted letter not just self pity) highlighting the importance of sustaining the H1b while ofcourse preventing abuse. Highlighting that H1b is a boon to this economy and taking away jobs from one person does not essentially create job for another. The person was hired by the company/industry in the first place due to a lot of economic reasons that only a true capitalist would understand. Cutting of H1b/labelling H1b as evil and targetting it to destroy the efficacy of this system is actually socialism and this is what needs to be made very clear to the officials.
They cannot over regulate the "immigration for economic reasons". If they do they are actually destroying the very basis of growth and are "thinking socialist".
I think IV members should work with AILA by offering support and seek their advice on how to understand and face this issue. Some of our members pointed out the AILA is working on this issue so let us contact them first.
If it seems worthy enough to write to the USCIS directly (properly crafted letter not just self pity) highlighting the importance of sustaining the H1b while ofcourse preventing abuse. Highlighting that H1b is a boon to this economy and taking away jobs from one person does not essentially create job for another. The person was hired by the company/industry in the first place due to a lot of economic reasons that only a true capitalist would understand. Cutting of H1b/labelling H1b as evil and targetting it to destroy the efficacy of this system is actually socialism and this is what needs to be made very clear to the officials.
They cannot over regulate the "immigration for economic reasons". If they do they are actually destroying the very basis of growth and are "thinking socialist".
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mirage
03-30 01:47 PM
This is a good article, I guess all "Manmohan Singh's degrees" loving Indians should read this..
http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1
http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1
more...
vivid_bharti
09-04 10:54 AM
If Chrandrababu Naidu hadn't happened to AP, AP was like Bihar, Orrissa...Naxal hit & poor.
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Marphad
04-20 02:08 PM
GCKaMaara is right, different people operate at different IQ level.
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
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rajeev_74
09-24 06:59 AM
for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
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Jerrome
05-01 10:19 PM
What do you know, if you don't know anything then shut the hell-up and don't reply.
I have been to srilanka and only tamils in colombo should have ID wherever they go. I was checked in multiple places because i was from TN.(this was back in 2000).
I have met hundreds of businessman from srilanka in TN who lost everything and doing daily work to live. They were not from south or north part of SL but from colombo..
Do you know how many tamils fled that country and living all over the world.
Even now there is no political solution provided by SL govt after they clear out the so called Terrorists.
It is India's business because india provided training and weapons to the so called terrorists during indra gandhi period. If we don't mind then china and pak will mind and they will be at India's balls and they can squeeze as hard as they can.
Please close this thread..it is not going anywhere..
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
I have been to srilanka and only tamils in colombo should have ID wherever they go. I was checked in multiple places because i was from TN.(this was back in 2000).
I have met hundreds of businessman from srilanka in TN who lost everything and doing daily work to live. They were not from south or north part of SL but from colombo..
Do you know how many tamils fled that country and living all over the world.
Even now there is no political solution provided by SL govt after they clear out the so called Terrorists.
It is India's business because india provided training and weapons to the so called terrorists during indra gandhi period. If we don't mind then china and pak will mind and they will be at India's balls and they can squeeze as hard as they can.
Please close this thread..it is not going anywhere..
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
more...
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crazyghoda
10-16 01:59 PM
Some moron gave me a Red for my post below with the comment ".."
Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.
Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.
Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
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weasley
08-16 06:31 PM
SK2006 and snathan:
I do not agree.
First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.
Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.
In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.
I do not agree.
First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.
Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.
In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.
more...
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dingudi
02-15 04:38 PM
The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
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visves
06-28 10:47 AM
I think there is a certain percantage or number allotted for each quarter to avoid unavailability of visas. Otherwise, there is always the possibility that if enough people are in the pipeline waiting, all visas could be allocated when the Fiscal year begins in Oct which would mean visas could become Unavailable very soon.
So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
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).
So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
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).
more...
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gc28262
01-16 01:51 PM
victimOfGc,
The point you are forgetting is you are writing in a public forum. It is not just IV members that are reading this forum. Anti-immigrant racists are closely watching this forum. They will take all the negative things you said about YOUR company, stereotype all companies and slap a memo or bill on you. That is exactly what has happened now.
By your emotional outburst you are not fighting this non-sense memo or unruly POE officers who is obviously acting beyond their authority, you are providing fodder to ant-immigrants to screw us further.
Don't ever think that these lawmakers are here to provide justice to H1B guys. They are trying to kick us out. They are working in tandem with many anti-immigrant organisations to screw us.
Please do one of the following google searches to understand more
1. H1B + sanders
2. H1B + grassley
3. H1B + durbin
Let wisdom prevail.
The point you are forgetting is you are writing in a public forum. It is not just IV members that are reading this forum. Anti-immigrant racists are closely watching this forum. They will take all the negative things you said about YOUR company, stereotype all companies and slap a memo or bill on you. That is exactly what has happened now.
By your emotional outburst you are not fighting this non-sense memo or unruly POE officers who is obviously acting beyond their authority, you are providing fodder to ant-immigrants to screw us further.
Don't ever think that these lawmakers are here to provide justice to H1B guys. They are trying to kick us out. They are working in tandem with many anti-immigrant organisations to screw us.
Please do one of the following google searches to understand more
1. H1B + sanders
2. H1B + grassley
3. H1B + durbin
Let wisdom prevail.
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Keeme
04-16 12:50 PM
Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???
www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.
www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.
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arihant
06-27 04:07 PM
why you stopped at 2001 ......go all the way to 0 for christ sake
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
swamy
12-13 10:35 PM
in a nutshell:
an end to retrogression for all
increased GC quota
it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.
why is this so hard for ppl to understand!
an end to retrogression for all
increased GC quota
it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.
why is this so hard for ppl to understand!
dvb123
02-15 10:48 AM
my friend you really need to dig deeper into stuff...most things are more than meets the eye. courts are very reluctant to strike down laws. the supreme court will strike down a federal law ONLY if it's against the constitution itself...ie there has to be a fundamental problem. this is true both in the US and in India.
the fact that a law inconveniences people is just not enough ground.
Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
the fact that a law inconveniences people is just not enough ground.
Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
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