longq
02-13 03:53 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
After AC21..
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
After AC21..
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
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JazzByTheBay
05-04 02:41 AM
This discussion is way off topic for this forum.
A nation has responsibility (to the extent possible in case of those not residing within its borders) for protecting its citizens.
Once you give up the citizenship of your country of origin, your allegiance, and therefore the expectation of "protection", should be towards and from the country of your citizenship, not from a "foreign government".
jazz
Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.
A nation has responsibility (to the extent possible in case of those not residing within its borders) for protecting its citizens.
Once you give up the citizenship of your country of origin, your allegiance, and therefore the expectation of "protection", should be towards and from the country of your citizenship, not from a "foreign government".
jazz
Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.
vdlrao
09-24 03:18 PM
Do you think EB-2 India will cross 2005 by Sept. 2010? Thanks.
EB-I will be in mid or late 2006 by Sep 2009.
EB-I will be in mid or late 2006 by Sep 2009.
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manderson
02-12 04:35 PM
actually Philippines has it's own category in the Visa Bulletin. So technically it's not part of ROW. But practically speaking EB3 ROW dates and Philippines EB3 (previously Schedule A Nurses) are usually very close...
ROW = Rest of the World. It refers to countries other than India, China, Mexico, and I believe Philippines.
ROW = Rest of the World. It refers to countries other than India, China, Mexico, and I believe Philippines.
more...
mbawa2574
02-15 04:25 PM
Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
vdlrao
07-24 11:30 AM
Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D
You are right prioritydate , there would be lot of things happen in employment based immigration in the next two years. This would cause a great relief for EB3 India including whole EB3.
You are right prioritydate , there would be lot of things happen in employment based immigration in the next two years. This would cause a great relief for EB3 India including whole EB3.
more...
hazishak
02-15 10:48 PM
I beleive that there should be more representation of people from other countries in desi companies, but when more number of desis apply for jobs. Is it any fault of the company is they are hiring only them?.
In other words, they dont mind getting screwed by desi company.
In other words, they dont mind getting screwed by desi company.
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gimme_GC2006
05-03 09:12 AM
as long as puppet Mannu and ring mistress sonia are in New delhi, Indian govt will do nothing...I dont support LTTE at any cost but condemn civilian killing.
:mad:
:mad:
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garybanz
12-14 05:32 PM
Guys,
I think we have spent enough time discussing this, please respond to this post if you are willing to share the cost of taking this discussion to a top Constitutional attorney. (just the cost of initial discussion...not the actual case)
Also if some one can point me in the right direction on finding the right attorney for this question then I'll really appreciate it.
Thanks.
I think we have spent enough time discussing this, please respond to this post if you are willing to share the cost of taking this discussion to a top Constitutional attorney. (just the cost of initial discussion...not the actual case)
Also if some one can point me in the right direction on finding the right attorney for this question then I'll really appreciate it.
Thanks.
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BharatPremi
05-19 09:33 PM
http://books.google.com/books?id=i4b6xmZI_XoC&dq=would+India+help+Sri+lanka+tamils&printsec=frontcover&source=in&hl=en&ei=plUTSsCPFoS08ASj_LCIBA&sa=X&oi=book_result&ct=result&resnum=13#PPA34,M1
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priderock
04-23 12:43 PM
I received an offer exactly same as above. Every thing is same (What a coincidence). Do you guys think it wont work if the original LC asked for masters but if you have BS + 14 yrs of exp, can we substitute ?
thecipher5 , IskReddy , what is your suggestion ??
thecipher5 , IskReddy , what is your suggestion ??
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illusions
05-11 04:34 PM
Kodi,
From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.
venetian, you could say that the Tamils in SL were just as a much discriminated in SL as the Muslims in India.
There is no such Genocide happening in SL as some claim. As a matter of fact the LTTE ethnically cleansed the Muslims from the NE of the country in the 90's, yet the Muslims in SL didn't bare arms against the LTTE.
Mind you the civil war in SL is against the LTTE, not the Tamils.
From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.
venetian, you could say that the Tamils in SL were just as a much discriminated in SL as the Muslims in India.
There is no such Genocide happening in SL as some claim. As a matter of fact the LTTE ethnically cleansed the Muslims from the NE of the country in the 90's, yet the Muslims in SL didn't bare arms against the LTTE.
Mind you the civil war in SL is against the LTTE, not the Tamils.
more...
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amitjoey
01-13 12:27 PM
I wish- Logiclife would answer this thread. He has a way to explain things and put things in perspective. He is very direct and I like that.
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TeddyKoochu
09-15 07:35 AM
My dear friend, always you have to be hopeful, and cheerful.
If you want to build your hope look at people who are waiting with PDs in 2009.
This is a great thread. I don't know how real are the predictions, but this thread gives a great energy. lots of thanks to OP.
You are correct, being hopeful & cheerful is extremely important for all of us here. The spillover really holds the key as to how things would be moving.
If you want to build your hope look at people who are waiting with PDs in 2009.
This is a great thread. I don't know how real are the predictions, but this thread gives a great energy. lots of thanks to OP.
You are correct, being hopeful & cheerful is extremely important for all of us here. The spillover really holds the key as to how things would be moving.
more...
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Marphad
04-01 12:33 PM
9-1-1, Fire Department, come soon!!!!!!!!!!!
OK. Enough of joke.
SK2006. It looks like you have a little misunderstanding. Let me put some facts in front of you:
1. I created the thread under "Interesting Topic" which is specially created for this purpose: "to discuss non-immigration topics".
2. You can not have more than 1-2 action items on IV per month. They are simply not doable. Thats the reason moderators converted IV format and tried to make it like a communication hub for immigrant community. People can discuss and share anything as community over here. You may see job related public group to discussing movies threads. There is nothing wrong in that. It keeps people visiting the forum and when the real action item comes, we don't need to keep sending private messages to people. They are just here.
- Point 2 explains why Pappu also posted on this thread.
3. Your dedication is appreciated regarding immigration issues. Please don't go away. I see you as a valuable asset in group.
OK. Enough of joke.
SK2006. It looks like you have a little misunderstanding. Let me put some facts in front of you:
1. I created the thread under "Interesting Topic" which is specially created for this purpose: "to discuss non-immigration topics".
2. You can not have more than 1-2 action items on IV per month. They are simply not doable. Thats the reason moderators converted IV format and tried to make it like a communication hub for immigrant community. People can discuss and share anything as community over here. You may see job related public group to discussing movies threads. There is nothing wrong in that. It keeps people visiting the forum and when the real action item comes, we don't need to keep sending private messages to people. They are just here.
- Point 2 explains why Pappu also posted on this thread.
3. Your dedication is appreciated regarding immigration issues. Please don't go away. I see you as a valuable asset in group.
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_TrueFacts
09-05 01:55 PM
One more excellent link: Andhra Pradesh: Beyond Media Images (http://www.hvk.org/articles/0704/142.html)
Also from respected forum by all IMV members, R2I club forums: YSR Missing.. Now confirmed dead in chopper accident - Page 5 - R2IClubForums (http://www.r2iclubforums.com/forums/f38/ysr-missing-now-confirmed-dead-chopper-accident-13448/index5.html)
If what's written in all these links is false than YSR deserves sympathy.
Also from respected forum by all IMV members, R2I club forums: YSR Missing.. Now confirmed dead in chopper accident - Page 5 - R2IClubForums (http://www.r2iclubforums.com/forums/f38/ysr-missing-now-confirmed-dead-chopper-accident-13448/index5.html)
If what's written in all these links is false than YSR deserves sympathy.
more...
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a1b2c3
05-30 01:41 PM
I've read other people's comments in this thread about how Cognizant is misusing EB1 category. I know a couple of folks who did that. This is something that should be brought up to the right people's observation. I plan to submit WH-4 atleast to begin with, against this company. Please PM me if you know anyone else who frauduently represented himself/herself for EB1 category.
While you are at it, can you please also request USCIS to revoke the EADs they issued to many EB2/EB3 folks and their spouses in the July of 07 when their PDs were nowhere even close to the being current in the previous months of the same year?
While you are at it, can you please also request USCIS to revoke the EADs they issued to many EB2/EB3 folks and their spouses in the July of 07 when their PDs were nowhere even close to the being current in the previous months of the same year?
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dealsnet
09-04 07:55 PM
CHANDUV23 THE TERRORIST:
It is easy to locate him in New York and give his details to FBI to check his links to underworld, VHP terrorists, and all other things. Your wife is doing residency. Right??
Hang on, you will be caught before you got GC and will be deported.
Wow Mr. Chandu.....Procliaming that he is has access to Admin rights and saying that he is not compromising on the security aspect as this is not YSR forum.....
This AH has revealed someones full name publicly where no one knows how to do that...except Admins....
Thats it Guys.......I'm out of this....
If I'm CHANDUV23, I would have retaliated from my posts so far...Looks like "_TrueFacts" is more offended than "CHANDUV23" offcourse we know both are same.....
Hats off Man....
It is easy to locate him in New York and give his details to FBI to check his links to underworld, VHP terrorists, and all other things. Your wife is doing residency. Right??
Hang on, you will be caught before you got GC and will be deported.
Wow Mr. Chandu.....Procliaming that he is has access to Admin rights and saying that he is not compromising on the security aspect as this is not YSR forum.....
This AH has revealed someones full name publicly where no one knows how to do that...except Admins....
Thats it Guys.......I'm out of this....
If I'm CHANDUV23, I would have retaliated from my posts so far...Looks like "_TrueFacts" is more offended than "CHANDUV23" offcourse we know both are same.....
Hats off Man....
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JazzByTheBay
07-03 06:35 PM
http://digg.com/politics/Rep_Lofgren...Bulle tin/who (http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin/who)
It's showing up on the front page now as far as I can tell.
jazz
It's showing up on the front page now as far as I can tell.
jazz
mrajatish
07-11 06:07 PM
I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
This was true in my case at least - my compay worked hard to keep me around when my H1 was expiring.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
This was true in my case at least - my compay worked hard to keep me around when my H1 was expiring.
Ramba
02-15 04:51 PM
INA has lot of flaws with regard to ethics or fairness. It is countless. The ROW vs India/China fight is st..d. The bottom line is US has its own rights/rule to what kind of people they want to bring in.
If you fight for fairness in INA, then it is joke. For example, if you are a spouse of us citizen you will be given GC immediatly, (no numarical limit). However, if you a researcher from India, develops medicine for AIDS and applied NIW EB2 petition, there is no visa availble for forseeable future. You can say it is unfair. But government dont care. One cannot argue why they have E2 visa for specialy for Australians? Why not for Newzlanders? Why they have special quota in H1B for singaporans and Chilians?. If any one asks fairness question it is end less. For example in guest worker program in last year, they eliminated country quota (to legalise mexican unskilled-undocumented workers).
Fair Bussiness that needs skilled foreign workes dont care about country of birth of workers. But it is sad that INA, prevent that fairness. But government has its own agenda. The better way to eliminate this problem is by constuctive lobbying to eliminate country quota or atleast increse from 7% to reasonable number.
If you fight for fairness in INA, then it is joke. For example, if you are a spouse of us citizen you will be given GC immediatly, (no numarical limit). However, if you a researcher from India, develops medicine for AIDS and applied NIW EB2 petition, there is no visa availble for forseeable future. You can say it is unfair. But government dont care. One cannot argue why they have E2 visa for specialy for Australians? Why not for Newzlanders? Why they have special quota in H1B for singaporans and Chilians?. If any one asks fairness question it is end less. For example in guest worker program in last year, they eliminated country quota (to legalise mexican unskilled-undocumented workers).
Fair Bussiness that needs skilled foreign workes dont care about country of birth of workers. But it is sad that INA, prevent that fairness. But government has its own agenda. The better way to eliminate this problem is by constuctive lobbying to eliminate country quota or atleast increse from 7% to reasonable number.
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