soljabhai
12-14 03:33 PM
Personally I do not believe that the 7% limit is discrimination. The 7% limit for all countries appears to be equal, it leads to an issue as described below.
2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.
Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?
I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)
2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.
Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?
I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)
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maddipati1
07-21 08:22 PM
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p_aluri
12-14 03:12 PM
I think it is only discrimination if the per-country limit is different for different countries.
Since all countries have the same limit, there is no discrimination at all.
But the limits have been pre-defined for certain coutries as the demand is so high from those countries..
Yep.
Since all countries have the same limit, there is no discrimination at all.
But the limits have been pre-defined for certain coutries as the demand is so high from those countries..
Yep.
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alterego
07-25 05:50 PM
Yeah Ron Gotcher is speculating, but there is some credibility to what he is saying. He did predict the rapid movement of PDs toward the end of the year, in fact at one point he was extremely optimistic more than what happened to date. So he did have some insight into the inner workings (or rather non-workings!) of the USCIS. He also openly shared his interaction with Charlie Oppenheim.
This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.
I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.
This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.
I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.
more...
engineer
07-08 12:33 AM
1) I am EB3 ROW and my PD is Nov 22, 2005. My I140 is approved and my 485 is filed with Receipt Date of Aug 3, 2007. I have approved AP, EAD and finger printing is complete as well.
Do you know how many EB3 ROW applications are ahead of me ?
I am trying to understand how long it will take me to get Green Card ?
2) What is the process to ask for information related to my case using Freedom of Information Act ?
Thanks,
Do you know how many EB3 ROW applications are ahead of me ?
I am trying to understand how long it will take me to get Green Card ?
2) What is the process to ask for information related to my case using Freedom of Information Act ?
Thanks,
krishnam70
07-11 07:11 PM
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srkamath
07-23 07:03 PM
Source of information ?
From what i inferred from the text of the law,
The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.
The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.
Let me know if you agree with the above.
I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed!
Ironic isn't it? Strange is the INA.
From what i inferred from the text of the law,
The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.
The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.
Let me know if you agree with the above.
I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed!
Ironic isn't it? Strange is the INA.
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Aah_GC
08-16 12:04 AM
Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.
But India is only good to serve the mutton briyani...God save India.
US knows that Pakistan is the mother of Terrorism, doesn't look like with all the aid flowing in, that it is being reduced to rubble. Terrorism is a deeper debate, and it borders on uneven economics, social structures, global imbalance to name a few. We have quite a few terrorists in India too, just look up Sikh riots of 1984 and Gujrat riots of 2002, the culprits walk scott free. You talk about Israel, how safe is Israel? Would you settle in Israel given a chance? The same is with the US, in the pretext of 9/11 the residual racism is now emerging in these situations.
Whether we like it or not, Kasab will be hung to death. He is definitely a criminal, and it shines on our judicial system and independent media (both are screwed in their own ways) that we can tell that a terrorist hasn't been reduced to a weakling to not demand the food of his choice.
But India is only good to serve the mutton briyani...God save India.
US knows that Pakistan is the mother of Terrorism, doesn't look like with all the aid flowing in, that it is being reduced to rubble. Terrorism is a deeper debate, and it borders on uneven economics, social structures, global imbalance to name a few. We have quite a few terrorists in India too, just look up Sikh riots of 1984 and Gujrat riots of 2002, the culprits walk scott free. You talk about Israel, how safe is Israel? Would you settle in Israel given a chance? The same is with the US, in the pretext of 9/11 the residual racism is now emerging in these situations.
Whether we like it or not, Kasab will be hung to death. He is definitely a criminal, and it shines on our judicial system and independent media (both are screwed in their own ways) that we can tell that a terrorist hasn't been reduced to a weakling to not demand the food of his choice.
more...
Desichakit
07-24 07:09 PM
VDLRAO Ji,
Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations
Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations
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msp1976
02-13 02:54 PM
Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
That matter can be litigated.....
Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
That matter can be litigated.....
more...
samay
07-15 05:36 PM
I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?
If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?
I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.
If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?
I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.
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mihird
10-09 04:24 PM
what if both husband & wife get jobs and come here on TN vsia, then how does TD visa apply because both are working? is that possible for both to work in US without one getting into this TD tangle?
db
You won't get into the TD tangle similar to not getting into the H4 tangle if both are qualified, intending to work and qualify for their respective TNs..
db
You won't get into the TD tangle similar to not getting into the H4 tangle if both are qualified, intending to work and qualify for their respective TNs..
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Caliber
09-23 08:46 AM
As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.
END OF CONTENT
Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.
I fully support this idea. Thanks for bringing such good and justified proposal.
END OF CONTENT
Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.
I fully support this idea. Thanks for bringing such good and justified proposal.
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snathan
08-16 11:35 AM
simply racial profiling.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
Is it their miskate... Indian politician and police are so corrupt and do not have balls to do that.
No one cares Mammoty...but he is muslim and when he was frisked no one was erupting. Why only for SRK...? Doesnt it show the real picture...? When going for stamping how many hours people are wiating in line. If he is waiting for 2 hours in line whats the big deal. He is not Abdul Kalam to be supported. He was a noble person and Former Head of State. He himself is going through the security check that too in india. He did not even speak a word about that issue. But this moron SRK saying 'Doesnt feel like steping on american soil again'. I bet $10000 if he is not steping on american soil again.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
Is it their miskate... Indian politician and police are so corrupt and do not have balls to do that.
No one cares Mammoty...but he is muslim and when he was frisked no one was erupting. Why only for SRK...? Doesnt it show the real picture...? When going for stamping how many hours people are wiating in line. If he is waiting for 2 hours in line whats the big deal. He is not Abdul Kalam to be supported. He was a noble person and Former Head of State. He himself is going through the security check that too in india. He did not even speak a word about that issue. But this moron SRK saying 'Doesnt feel like steping on american soil again'. I bet $10000 if he is not steping on american soil again.
more...
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byeusa
07-11 01:00 AM
Don't worry. SSA would be broke by then. and then the dollar would have devaluated by another 50%. Healthcare for the masses is a failure, immigration policy is a failure, schooling system is failing in majority of the nation, rampant violence with kids shooting in the schools, is any think that is right in this society? Glorification of Paris Hilton on CNN continously, Britney Spears in the news on front pages of the magazines.. how much more trashy can it be?
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H1BinNY
07-04 09:46 AM
Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.
http://www.npr.org/about/pitch/
NPR - this might help
Matt Gallivan
mgallivan@npr.org
http://www.npr.org/about/pitch/
NPR - this might help
Matt Gallivan
mgallivan@npr.org
more...
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sumagiri
10-07 04:47 PM
I have built a very simple EB2-I Visa predition model
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
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.
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
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.
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BharatPremi
10-23 04:26 PM
one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).
1) If "canadian Business" hires you "In Canada" and send you to USA for
handling its "International Business" then also your stay in USA would be
considered as your "Physical stay" in Canada.
2) If you become Canadian Government Employee and it sends you to USA for
its business then also you will not be considered "Physically Out" of the
Canada.
3) If you go to USA with your earning spouse employed by "Canadian
Business" or "Government" to live with her/him, then also same rule applys.
Note: This is not legal advise.
1) If "canadian Business" hires you "In Canada" and send you to USA for
handling its "International Business" then also your stay in USA would be
considered as your "Physical stay" in Canada.
2) If you become Canadian Government Employee and it sends you to USA for
its business then also you will not be considered "Physically Out" of the
Canada.
3) If you go to USA with your earning spouse employed by "Canadian
Business" or "Government" to live with her/him, then also same rule applys.
Note: This is not legal advise.
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pnara2
01-05 06:05 PM
Yes, this discussion is not needed on here! Let us focus on immigration related persistent issues!
samay
07-15 05:36 PM
I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?
If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?
I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.
If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?
I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.
gc4me
02-14 08:22 AM
Guys/Gals,
Looks like endless discussion is going on here..
I think that USCIS has done some injustice with EB3 ROW. And I would like to talk to an attorney about the possibilities to sue the USCIS about this. I need some people with me so that we can better explain our issues and form a group to ease the process.
Please send me PM if you agree with my view and want to go forward.
Looks like endless discussion is going on here..
I think that USCIS has done some injustice with EB3 ROW. And I would like to talk to an attorney about the possibilities to sue the USCIS about this. I need some people with me so that we can better explain our issues and form a group to ease the process.
Please send me PM if you agree with my view and want to go forward.
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