Kodi
05-12 04:22 PM
Read my previous posts where I said tamils that doesn't live in the war areas lead life just as other nationalities. Its my fault that I didn't mention it again.
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
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immi_enthu
07-17 12:50 PM
there are still atleast 20K visas left this year and atleast 85-90% of those will go to EB2 India. this should clear up a significant majority of the EB2 pending prior to 06/2006. As I mentioned before the numbers will be unavailable towards the end of September as all the visas are used up, but by this time most of the EB2 hat are current now will get their visas. the dates may go back slightly in October- probably to mid 2004 like you said, but it will not stay there for long. with all the Spill over, the dates will start moving rapidly in Nov/dec of this year itself and EB2 India will be current by this time next year. I agree wth your assertion that legislative fix is needed to increase the EB numbers and resolve the backlogs
how did you come up with the 20K number ?
how did you come up with the 20K number ?
vikki76
05-11 01:27 AM
E3 visa is not enough reason to move to Australia.If ultimate decision is to come back to US ,then Canada is a better choice.
Lot of couples are there who are both on H1-B visa here, their GC plight is also same
Lot of couples are there who are both on H1-B visa here, their GC plight is also same
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chanduv23
07-28 11:45 AM
Jayleno - me thinking sane is the reason you didn't hear from me in any malls/WM :) but I was a minority in BWW who believes in waiting till you find like minded people who are looking. cold contacting is just going against human instincts. you can't simply talk to a person about something to get his phone number and call them about this business next day. that is a reg flag right there. i couldn't do it and hence not with this business anymore. many of us are not ready to think about making millions in few short years. some people need to understand that you can't rub that idea with force on another human being.
in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..
Thanks for your perspective and it explains not only about BWW but about cold contacting in general.
I used to be very very active in IV campaigns and tried to get people sign up for IV activities. We had lobby days, workshops etc.... and we found it very difficult to explain or get people on board for IV activities though it is beneficial for them. Most people would give us the same treatment that they give the Ammway folks.
in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..
Thanks for your perspective and it explains not only about BWW but about cold contacting in general.
I used to be very very active in IV campaigns and tried to get people sign up for IV activities. We had lobby days, workshops etc.... and we found it very difficult to explain or get people on board for IV activities though it is beneficial for them. Most people would give us the same treatment that they give the Ammway folks.
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PlainSpeak
01-13 12:43 PM
Only one thing I like in this big post,, that is you are not HE you are SHE... we can be friends, you are so nice.
MC
If wishes were wings, pigs would fly
MC
If wishes were wings, pigs would fly
paskal
12-13 12:00 PM
--I think, per country quota system was framed with diversification as underlying principle, not discrimination.
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
if you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity. Diversity is the nice sounding cloak. there is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? it was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math.
also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?
to the person bringing up caste system and fences, here is my proposal.
i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line.
either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong.
none of this is an argument for a legal approach. just responding to stuff here. the "colonizing" comment was really something. have the author been visiting FAIR??
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
if you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity. Diversity is the nice sounding cloak. there is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? it was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math.
also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?
to the person bringing up caste system and fences, here is my proposal.
i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line.
either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong.
none of this is an argument for a legal approach. just responding to stuff here. the "colonizing" comment was really something. have the author been visiting FAIR??
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garybanz
12-14 04:03 PM
His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
:cool:
It actually is. I am talking about an approach which has a chance (quite remote though) of removing the country based quota. You tell me that it is not going to fly.
Now if you were from a country affected negatively by the quotas then I will take that as suggestions from some one who is in the same boat.
On the other hand if you are from "ROW" then all your attempts to kill this ideas will make me understand how scared you are of this idea and hence how good this idea really is. :)
The reason I asked which state chapter you belong to is to check if you are one of the "Real" IV members...coz there is a lot of people who are on this forum for a completely different purpose.
:cool:
It actually is. I am talking about an approach which has a chance (quite remote though) of removing the country based quota. You tell me that it is not going to fly.
Now if you were from a country affected negatively by the quotas then I will take that as suggestions from some one who is in the same boat.
On the other hand if you are from "ROW" then all your attempts to kill this ideas will make me understand how scared you are of this idea and hence how good this idea really is. :)
The reason I asked which state chapter you belong to is to check if you are one of the "Real" IV members...coz there is a lot of people who are on this forum for a completely different purpose.
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django.stone
09-17 02:18 PM
Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.
You need to multiply ratio with total to get absolute EB2 numbers. If China total is 100, 80% of 100 is, 80 and if India total is 1000, 60% of 1000 is 600. I think people are saying here that in absolute terms India EB2 > China EB2.
You need to multiply ratio with total to get absolute EB2 numbers. If China total is 100, 80% of 100 is, 80 and if India total is 1000, 60% of 1000 is 600. I think people are saying here that in absolute terms India EB2 > China EB2.
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gcny2006
05-28 11:58 PM
Can someone tell me if this is right?
- Total number of EB-2 visas = 40,000
- 7% of 40,000 are allocated for India = 2,800
- Number of EB-2 I I-485 apps pending = 30,000
So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.
WRONG
Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.
- Number of EB-2 I I-485 apps pending = 60,000
so with no trickle it will be 20+ years
- Total number of EB-2 visas = 40,000
- 7% of 40,000 are allocated for India = 2,800
- Number of EB-2 I I-485 apps pending = 30,000
So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.
WRONG
Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.
- Number of EB-2 I I-485 apps pending = 60,000
so with no trickle it will be 20+ years
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extra_mint
09-15 06:10 PM
There are no Spill over rules for splitting the visa's b/w I and C. Instead the Rule about spill over requires the PD (cutoff) for 2 countries to be same.
Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.
Cutoff for China will never advance India dates for spill overs.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.
Cutoff for China will never advance India dates for spill overs.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
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hiralal
06-12 10:33 PM
since we are not having any campaigns to help ourselves ..let us have a campaign to expose the L1 / EB1 visa / GC fraud !!
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small2006
08-18 06:41 PM
You are so wrong here...its not about growing balls or Americans getting frisked in Indian airports.
It is SRK's BIG EGO that was hurt, the fact that the officer did not "recognize" SRK - the "king khan" and made him go through a rough ordeal. That is all it is about. And to me SRK has never been an honest human being. It is all a put on appearance, whether its in his movies or real life. He is very measured and guarded when talking to the media and presents his affable side. So get over it and look at the incident for what it is - i.e, SRK's big ego burst open. Its not about American security or Indian security or racial profiling. Everyone is just trying to make it out to be that but you need to be able to see thorugh that.
When a person of Dr Kalam's stature did not even talk about his experience with Continental until months later, who the heck is SRK to make it out to be such a big deal? What is his achievement and/or contribution to the country after all? Making loads of money? Buying houses in London and Dubai?? Give me a freakin' break.
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?
It is SRK's BIG EGO that was hurt, the fact that the officer did not "recognize" SRK - the "king khan" and made him go through a rough ordeal. That is all it is about. And to me SRK has never been an honest human being. It is all a put on appearance, whether its in his movies or real life. He is very measured and guarded when talking to the media and presents his affable side. So get over it and look at the incident for what it is - i.e, SRK's big ego burst open. Its not about American security or Indian security or racial profiling. Everyone is just trying to make it out to be that but you need to be able to see thorugh that.
When a person of Dr Kalam's stature did not even talk about his experience with Continental until months later, who the heck is SRK to make it out to be such a big deal? What is his achievement and/or contribution to the country after all? Making loads of money? Buying houses in London and Dubai?? Give me a freakin' break.
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?
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dixie
02-13 01:01 AM
I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
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Legal
07-21 04:19 PM
http://www.dhs.gov/xlibrary/assets/s...PR_FR_2007.pdf
Interesting information. Mexico's population 103 million is one tenth of India's population. Yet, consistently 2-3 times more GCs have been issued to Mexican citizens.This doesn't affect diversity!:rolleyes:
Interesting information. Mexico's population 103 million is one tenth of India's population. Yet, consistently 2-3 times more GCs have been issued to Mexican citizens.This doesn't affect diversity!:rolleyes:
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kaisersose
02-13 11:03 AM
Wake up, buddy. This is IV. Not !
Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.
Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?
It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.
Dude,
Read my post again.
I am not saying it is a bad thing (not for us desis). All I am saying is *every* country in ROW will oppose removing country cap and they have explicitly said so on . They would have said as much here too, if we had more diversity on this forum.
It is not about right or wrong, ti is just the way it is. The UK guy can come in to the US today for employment and can have a GC in a year or two. Why on earth will he support a change that will push him into a 10 year queue?
The point is, we should know where we stand when we are taking up removal of country cap. Unlike the other changes whic hare benefical to all GC aspirants, this is one change that will be opposed by several GC aspirants.
Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.
Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?
It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.
Dude,
Read my post again.
I am not saying it is a bad thing (not for us desis). All I am saying is *every* country in ROW will oppose removing country cap and they have explicitly said so on . They would have said as much here too, if we had more diversity on this forum.
It is not about right or wrong, ti is just the way it is. The UK guy can come in to the US today for employment and can have a GC in a year or two. Why on earth will he support a change that will push him into a 10 year queue?
The point is, we should know where we stand when we are taking up removal of country cap. Unlike the other changes whic hare benefical to all GC aspirants, this is one change that will be opposed by several GC aspirants.
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royus77
06-28 05:14 PM
right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.
There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.
Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...
There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.
Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...
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ak_2006
05-29 04:03 PM
Folks - here is the thing. lets work towards fixing our issues.
If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.
As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.
Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.
Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.
IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.
Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps
Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.
I completely agree with you.
If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.
As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.
Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.
Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.
IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.
Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps
Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.
I completely agree with you.
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vimalm
08-22 11:43 AM
Dear Samay
My wife's H1 COS is approved with a start date of Oct 1, 08. Due to a family emergency she needs to travel to India and stay there for extended period of time (well past Oct 1. Expecting to return back End of Nov). Currently she is on H4 with her H4 Visa stamp expired.
My question is can she come back on H1-B status at end of Nov? I understand that she will have to apply for H1-B visa stamping without paystubss in India and that can be very risky.
She needs to leave ASAP (once we receive the approval in hand). Can she leave prior to Oct 1 or does she have to wait till Oct 1 and then go in order for COS to take effect?
Your response is really appreciated.
My wife's H1 COS is approved with a start date of Oct 1, 08. Due to a family emergency she needs to travel to India and stay there for extended period of time (well past Oct 1. Expecting to return back End of Nov). Currently she is on H4 with her H4 Visa stamp expired.
My question is can she come back on H1-B status at end of Nov? I understand that she will have to apply for H1-B visa stamping without paystubss in India and that can be very risky.
She needs to leave ASAP (once we receive the approval in hand). Can she leave prior to Oct 1 or does she have to wait till Oct 1 and then go in order for COS to take effect?
Your response is really appreciated.
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soljabhai
12-13 10:43 AM
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
BharatPremi
12-14 04:57 PM
Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
Lasantha,
You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario without changing current EB immigration laws:
Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
COUNRTY - USCIS does not have any kind of administrative
mess - Situation in USCIS is such that moment it find work, it
will send flower to you for keeping them busy. - US industry
exactly need 140000 skilled and highly skilled people from outside
world as within US they have shortage of exctly that number.
and it can not afford a single person less than that to keep
economy at balanced level.
Assumption 2: India can provide 35000, China can provide 50000, Britain can
provide 4000, Sweden can provide 2000, Saudi Arabia can
provide 1000, Sri Lanka can provide 4000, Thailand can provide
500, Pakistan can provide 5000, South africa can provide 5000
,Bangladesh can provide 1500 and rest 32000 from Europe
(other than Britain) and each of above country cannot provide
more labor that what is mentioned here. And other unlisted countries
do not have any skilled persons to provide (This is assumption.. DO not go after me...:))
So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?
Will you still be trumpeting "Ceiling" drum?
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
Lasantha,
You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario without changing current EB immigration laws:
Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
COUNRTY - USCIS does not have any kind of administrative
mess - Situation in USCIS is such that moment it find work, it
will send flower to you for keeping them busy. - US industry
exactly need 140000 skilled and highly skilled people from outside
world as within US they have shortage of exctly that number.
and it can not afford a single person less than that to keep
economy at balanced level.
Assumption 2: India can provide 35000, China can provide 50000, Britain can
provide 4000, Sweden can provide 2000, Saudi Arabia can
provide 1000, Sri Lanka can provide 4000, Thailand can provide
500, Pakistan can provide 5000, South africa can provide 5000
,Bangladesh can provide 1500 and rest 32000 from Europe
(other than Britain) and each of above country cannot provide
more labor that what is mentioned here. And other unlisted countries
do not have any skilled persons to provide (This is assumption.. DO not go after me...:))
So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?
Will you still be trumpeting "Ceiling" drum?
samay
07-14 06:49 AM
Thank You Samay !!
I was in US from 2000 to 2001 on h1b.(first h1 approval)
Went to india and worked there from 2001 to 2006
On new H1 came to US on 2006
I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
only the current one which is from 2006. My 140 is not yet approved.
So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
will be needed in future.I had submitted 140 during July 07.
Is it needed for any 140 RFE or 485 level ?
Good Day !
Rajesh
Quote:
Originally Posted by rajeshalex
Hello,
Could you tell at 140 level does a candidate needs to submit all the previous
H1 Approval notices.
I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009
Rajesh
Hello
We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
__________________
Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.
I was in US from 2000 to 2001 on h1b.(first h1 approval)
Went to india and worked there from 2001 to 2006
On new H1 came to US on 2006
I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
only the current one which is from 2006. My 140 is not yet approved.
So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
will be needed in future.I had submitted 140 during July 07.
Is it needed for any 140 RFE or 485 level ?
Good Day !
Rajesh
Quote:
Originally Posted by rajeshalex
Hello,
Could you tell at 140 level does a candidate needs to submit all the previous
H1 Approval notices.
I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009
Rajesh
Hello
We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
__________________
Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.