mallu
02-16 01:50 AM
......
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
....
Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
Will a USCIS customer service rep be able to help us with this question :
"Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
....
Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
Will a USCIS customer service rep be able to help us with this question :
"Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .
wallpaper around glasses. Snooki
reddymjm
09-23 03:42 PM
Markus.Rose@mail.house.gov,
Committee@mail.house.gov,
Larry.Lavender@mail.house.gov,
Philip.Swartzfager@mail.house.gov,
Dave.Oxner@mail.house.gov,
Michael.Staley@mail.house.gov,
Scott_Hoeflich@Specter.senate.gov,
Thomas_Dower@Specter.senate.gov,
Lisa_Owings@Specter.senate.gov,
Matt_Kelly@Specter.senate.gov,
Sheryl_Cohen@Dodd.senate.gov,
Rebecca_Freedman@Dodd.senate.gov,
Jim_Fenton@Dodd.senate.gov,
Patrick_Grant@Dodd.senate.gov,
Lori_McGrogan@Dodd.senate.gov,
Alex_Sternhell@Dodd.senate.gov,
Laura_Friedel@Shelby.senate.gov,
Emily_Titlow@Shelby.senate.gov
Chad_Davis@Shelby.senate.gov,
Peter_Olson@Cornyn.senate.gov,
Beth_Jafari@Cornyn.senate.gov,
Reed_O'Connor@Cornyn.senate.gov,
Cynthia.Martin@mail.house.gov,
Matt.Thome@mail.house.gov,
Melody.Light@mail.house.gov,
Ed_Pagano@Leahy.senate.gov,
John_Dowd@Leahy.senate.gov,
Bruce_Cohen@Leahy.senate.gov,
Bill_Yeomans@Kennedy.senate.gov,
Carey_Parker@Kennedy.senate.gov,
Eric_Mogilnicki@Kennedy.senate.gov,
Stacey.Leavandosky@mail.house.gov,
Erik.Stallman@mail.house.gov
Committee@mail.house.gov,
Larry.Lavender@mail.house.gov,
Philip.Swartzfager@mail.house.gov,
Dave.Oxner@mail.house.gov,
Michael.Staley@mail.house.gov,
Scott_Hoeflich@Specter.senate.gov,
Thomas_Dower@Specter.senate.gov,
Lisa_Owings@Specter.senate.gov,
Matt_Kelly@Specter.senate.gov,
Sheryl_Cohen@Dodd.senate.gov,
Rebecca_Freedman@Dodd.senate.gov,
Jim_Fenton@Dodd.senate.gov,
Patrick_Grant@Dodd.senate.gov,
Lori_McGrogan@Dodd.senate.gov,
Alex_Sternhell@Dodd.senate.gov,
Laura_Friedel@Shelby.senate.gov,
Emily_Titlow@Shelby.senate.gov
Chad_Davis@Shelby.senate.gov,
Peter_Olson@Cornyn.senate.gov,
Beth_Jafari@Cornyn.senate.gov,
Reed_O'Connor@Cornyn.senate.gov,
Cynthia.Martin@mail.house.gov,
Matt.Thome@mail.house.gov,
Melody.Light@mail.house.gov,
Ed_Pagano@Leahy.senate.gov,
John_Dowd@Leahy.senate.gov,
Bruce_Cohen@Leahy.senate.gov,
Bill_Yeomans@Kennedy.senate.gov,
Carey_Parker@Kennedy.senate.gov,
Eric_Mogilnicki@Kennedy.senate.gov,
Stacey.Leavandosky@mail.house.gov,
Erik.Stallman@mail.house.gov
neverbefore
09-23 12:02 PM
Applause!
2011 rhinestone Snooki glasses.
vahdam
11-01 07:32 PM
In 1992, 1994, 1995, 1996, 1997, 1998, 1999 and, again, in 2000, Canada was ranked No.1 by the United Nations Human Development Index as the best country in the world to live. Unlike the United States and other countries, there is no quota based on either nationality or occupation. The Canadian Government's new immigration plan for the next five years and beyond is to emphasize the admission of a greater number of skilled immigrants with abilities to contribute directly to Canada's economic and social development.
The rights of Canadian Permanent Residents are almost the same as those of the Canadian citizens except a few, such as right to vote.
1. After becoming a Permanent Resident you will have the freedom to live and work anywhere in Canada.
2. You will also have the freedom to work in/with any profession/employer of your choice.
3. You may purchase/sell any property, own and operate any business anywhere in Canada.
4. A Permanent Resident becomes eligible for Canadian citizenship after living in Canada for a period of three years of the last four years prior to the date of the application for citizenship.
5. The best of all, you and your family can enjoy the benefits of free Canadian Healthcare, free primary and secondary education and subsidized post secondary education, security of unemployment insurance, old age pension, child allowance etc.
Benefits for H1B, F1 or L1 holders:
1. Unlike US work visa for a specific employer/profession a Canadian immigrant is free to work anywhere with any employer or in any profession in Canada.
2. Unlike applying for GC in US, you need not to be present in Canada or working in Canada in order to apply for permanent immigration for Canada.
3. It might take you years to get a Green Card in US, whereas you along with your spouse & dependent children can get Canadian immigration within a period of 12 to 16 months.
4. May opt to stay outside Canada for a period of 3 years in any given period of 5 years and still maintain his/her permanent residence status.
***The pass marks for federal immigration under the skilled worker category was lowered to 67 from 75 points. This is the best time to apply for immigration to Canada as this points criteria might change again any time which may render you ineligible for this opportunity.
The rights of Canadian Permanent Residents are almost the same as those of the Canadian citizens except a few, such as right to vote.
1. After becoming a Permanent Resident you will have the freedom to live and work anywhere in Canada.
2. You will also have the freedom to work in/with any profession/employer of your choice.
3. You may purchase/sell any property, own and operate any business anywhere in Canada.
4. A Permanent Resident becomes eligible for Canadian citizenship after living in Canada for a period of three years of the last four years prior to the date of the application for citizenship.
5. The best of all, you and your family can enjoy the benefits of free Canadian Healthcare, free primary and secondary education and subsidized post secondary education, security of unemployment insurance, old age pension, child allowance etc.
Benefits for H1B, F1 or L1 holders:
1. Unlike US work visa for a specific employer/profession a Canadian immigrant is free to work anywhere with any employer or in any profession in Canada.
2. Unlike applying for GC in US, you need not to be present in Canada or working in Canada in order to apply for permanent immigration for Canada.
3. It might take you years to get a Green Card in US, whereas you along with your spouse & dependent children can get Canadian immigration within a period of 12 to 16 months.
4. May opt to stay outside Canada for a period of 3 years in any given period of 5 years and still maintain his/her permanent residence status.
***The pass marks for federal immigration under the skilled worker category was lowered to 67 from 75 points. This is the best time to apply for immigration to Canada as this points criteria might change again any time which may render you ineligible for this opportunity.
more...
satyasaich
09-23 11:49 AM
First of all, IV is all about us. Any kind of change / help that brings positive changes to EB community shall always be welcome.
So far number of efforts have been made, and many times we were defeated by our anti-immigrant friends for so many reasons. But take a look at the following
http://blogs.wsj.com/economics/2008/08/13/greenspan-excerpts-housing-stabilization-key-to-crisis-end/
It's not about ignoring any specific group of EB immigrants.
Thanks
Satya
Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.
So far number of efforts have been made, and many times we were defeated by our anti-immigrant friends for so many reasons. But take a look at the following
http://blogs.wsj.com/economics/2008/08/13/greenspan-excerpts-housing-stabilization-key-to-crisis-end/
It's not about ignoring any specific group of EB immigrants.
Thanks
Satya
Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.
logiclife
01-23 04:32 PM
http://news.mainetoday.com/updates/008785.html
NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.
Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.
Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
Cybersoftec also claimed offices in Portland, Maine, and
in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.
Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.
Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.
Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.
None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.
Bier said Cybersoftec is no longer in business.
Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.
--------------------------------------
Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.
And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.
What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.
So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.
Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.
Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
Cybersoftec also claimed offices in Portland, Maine, and
in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.
Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.
Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.
Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.
None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.
Bier said Cybersoftec is no longer in business.
Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.
--------------------------------------
Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.
And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.
What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.
So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
more...
longq
02-13 03:09 PM
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.
I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.
2010 Uhm, Snooki called, and if you
brb2
06-21 04:52 PM
Labor substitution in my opinion is less that 1% of cases for some one jumping the line. The main problem is lack of visa numbers and processing delays. We are discussing a topic which will have little affect if any on our own GC process. It is a drop in the ocean to say the least.
I support its elimination because of the fraud that takes place. In the past I have got a pm on another immigration web site asking if I knew anyone who could "sell" them an approved labor!
I support its elimination because of the fraud that takes place. In the past I have got a pm on another immigration web site asking if I knew anyone who could "sell" them an approved labor!
more...
zbd
10-18 11:36 PM
I'm not looking for a citizenship but I gotto live here and almost getting Canada PR. If this is the case, anyway I'll lose the PR 5 years later since I couldn't stand there 2 years long in 5 years.
Please advise.
Please advise.
hair Snooki glasses for me.
harikris
05-31 01:40 AM
[Hiralal] ... and hence a better bet would be recapture ..
That's a much better suggestion than playing carrot-and-stick on real-estate bargains Mr. Hiralal.
Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.
Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.
Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?
Thanks.
That's a much better suggestion than playing carrot-and-stick on real-estate bargains Mr. Hiralal.
Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.
Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.
Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?
Thanks.
more...
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.
hot Snooki Y U No Wear Glasses? by
ganguteli
04-02 12:08 PM
Why I don't like Congress..
There is no use of good academic record if you are a shameless chaprasi.
What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..
There is no use of good academic record if you are a shameless chaprasi.
What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..
more...
house SNOOKI GLASSES SUNGLASSES
longq
02-13 02:17 PM
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.
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 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.
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.
tattoo Fashion » Snooki#39;s Sunglasses:
return_to_india
05-12 10:10 PM
I have seen lot of Tamil folks in Kerala ( mainly migrated for construction work ). THose who came earlier speak good Malayalam.
more...
pictures Snooki Sunglasses Costume
Googler
02-15 10:28 PM
My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.
If you really want to have this change, it is the US congress that you can deal with.
As I've said, I work for a law firm.
Why don't ask your immigration lawyer first regarding the "class action" you are talking about.
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
If you really want to have this change, it is the US congress that you can deal with.
As I've said, I work for a law firm.
Why don't ask your immigration lawyer first regarding the "class action" you are talking about.
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
dresses 2011 New Carrera Sunglasses
go_guy123
06-11 04:04 AM
ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
The earlier people realize it the better it is. GC for non EB 1 - India is over.
Employer will get motivated only when they feel the need. As of now they dont need EB reform as H1B is serving the purpose. Its like chasing a mirage in the desert. My friends who didnt chase GC are the ones doing professionally well. Those who have stayed on the GC boat have seen their careers stagnate and destroyed.
However I have still seen many Indians in US oblivious or ignorant about it including my cousin.
The earlier people realize it the better it is. GC for non EB 1 - India is over.
Employer will get motivated only when they feel the need. As of now they dont need EB reform as H1B is serving the purpose. Its like chasing a mirage in the desert. My friends who didnt chase GC are the ones doing professionally well. Those who have stayed on the GC boat have seen their careers stagnate and destroyed.
However I have still seen many Indians in US oblivious or ignorant about it including my cousin.
more...
makeup -PICTURED:”Snooki” (Nicole
thomachan72
01-14 09:16 AM
Hey smuggymba, I hope you did not misunderstand what I said. Hope you get the idea behind what I meant.
girlfriend Snooki, it works.
PlainSpeak
01-14 01:23 PM
Let us all promise ourselves that we will not get personal with each other. No abusive, foul language.
We can disagree with each other but we have to watch our tone and not engage in personal attacks.
Oh God AmitJoye. Your sense of honour and right and worng was missed at least by me. Have you seen the posts here by all the esteemed senior members and donors of IV. And to top it all they are now asking me to explain my ideas (Prove my intention) but i see no proof of intention from them
I fear that you really need a moderator to kill all abusive comments because they are doing more harm to IV and IV needs all teh new members it can get. An organisation like this needs new intake of fresh blood to keep running. I am surprised no one from core or admin has admonished the abusers. I had hoped they would be prevented from shooting themselves in the foot.
PS on a side note i am now up to Minus 3000. That must a be a record. Sad day for everyone here on IV including me
We can disagree with each other but we have to watch our tone and not engage in personal attacks.
Oh God AmitJoye. Your sense of honour and right and worng was missed at least by me. Have you seen the posts here by all the esteemed senior members and donors of IV. And to top it all they are now asking me to explain my ideas (Prove my intention) but i see no proof of intention from them
I fear that you really need a moderator to kill all abusive comments because they are doing more harm to IV and IV needs all teh new members it can get. An organisation like this needs new intake of fresh blood to keep running. I am surprised no one from core or admin has admonished the abusers. I had hoped they would be prevented from shooting themselves in the foot.
PS on a side note i am now up to Minus 3000. That must a be a record. Sad day for everyone here on IV including me
hairstyles Post image for A Snooki Fan?
logiclife
06-26 01:41 PM
Logiclife,
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?
Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.
These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.
Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?
Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.
These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.
Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
Keeme
05-12 03:25 PM
I think this forum is the wrong place to discuss any of this. The thread must be deleted.
I'm sorry, forgot to say ' GOOD BYE" when you declared 3 weeks back - you won't visit IV site any more and wanted to denounce your IV membership.
May I ask, what made you to change your mind ?
Dear, you won't get a good farewell party here ! Pl help youself !
I'm sorry, forgot to say ' GOOD BYE" when you declared 3 weeks back - you won't visit IV site any more and wanted to denounce your IV membership.
May I ask, what made you to change your mind ?
Dear, you won't get a good farewell party here ! Pl help youself !
Abhinaym
01-15 02:44 PM
Add hassles to businesses. Appeal to xenophobic voter bank.
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