h4visa
03-16 04:04 PM
I totally agree with you. Infact the link posted (http://groups.google.com/group/misc.immigration.usa/browse_thread/thread/41098d828d41ad3a/6c4782cc627fd7ad?lnk=st&q=sinum70&rnum=1&hl=en#6c4 782cc627fd7ad) is quite interesting. The problem is, most of the women population on H-4 here have never thought of taking it up. Infact they should take the initiative and the husbands should cooperate. Its a genuine and serious topic. when u have talent in the country, then why not use it...? One should post these discussions in Murthy.com or many other sites as well which has got good number of hits... so that its raised today or tomorrow...
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sunny1000
09-20 12:05 AM
When will EB3 ROW become current, or current for YOU? The answer would be different depending on your exact question.
Without administrative and legislative changes, the answer to number one is "a very long time" and I think I'd be safe to say that is a conservative estimate. For the record, I'm also EB3 ROW, with a PD of early 2004. I would say that would be current in 3 or 4 years
There are roughly 200 countries in the world. It is very simple maths to figure out that 200 * 9800 (the 7% limit per country) = about 1,960,000. Its pretty obvious that this is much more than the limit of 140,000 total per annum.. and you begin to see why there is a problem. Sure - each country has a 7% theroetical limit, but not EVERY country will use that in a year. Of ROW countries, UK is pretty close to its 7% per year. Others, like Lichenstein are not (or they would all be in the US and the country would not be just one big vacation home)
Just curious Franklin...somebody on the forum mentioned that you already got your greencard...if you have a PD of 2004, how did that happen...did I miss something?
Without administrative and legislative changes, the answer to number one is "a very long time" and I think I'd be safe to say that is a conservative estimate. For the record, I'm also EB3 ROW, with a PD of early 2004. I would say that would be current in 3 or 4 years
There are roughly 200 countries in the world. It is very simple maths to figure out that 200 * 9800 (the 7% limit per country) = about 1,960,000. Its pretty obvious that this is much more than the limit of 140,000 total per annum.. and you begin to see why there is a problem. Sure - each country has a 7% theroetical limit, but not EVERY country will use that in a year. Of ROW countries, UK is pretty close to its 7% per year. Others, like Lichenstein are not (or they would all be in the US and the country would not be just one big vacation home)
Just curious Franklin...somebody on the forum mentioned that you already got your greencard...if you have a PD of 2004, how did that happen...did I miss something?
go_guy123
08-21 05:24 PM
I guess it depends... I would prefer to slog with weather in Canada for 3 years and get citizenship instead of stuggling for 4-5 years with desi consultanting company to get GC. My sixth year is about to start in december 2009 and employer has told that they will not sponsor GC. I am planning to take citizen ship from Canada and then move back to India. That way, anytime I want to come back to US/Canada doors will be open. I guess, there is no right or wrong answer, its a matter of choice.
Plus you children will also have option of deriving Candian citizenship from you but but...
they will also be in EB2/3-India. Just a thought
Plus you children will also have option of deriving Candian citizenship from you but but...
they will also be in EB2/3-India. Just a thought
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malaGCPahije
03-14 12:28 PM
I agree that porting to EB2 is the best route. But my company was very reluctant to file another labor to port my case to EB2. They thought thur PERM, they may have to hire some applicant if they meet the requirements. The lawyer thinks PERM is risky. I know they are trying to avoid EB2 labor at any cost, though I also know a few friends who had the PERM labor application recently rejected.
Anyway, bottom line for me and others in the same situation is that we are stuck with EB3. And maybe stuck in the rut for a long long time unless something magical happens....
Anyway, bottom line for me and others in the same situation is that we are stuck with EB3. And maybe stuck in the rut for a long long time unless something magical happens....
more...
gsc999
02-11 09:47 PM
****btw i may be saying things at a wrong time..at this point any effort seems to be a good effort so i will tag along..****
--
Thanks for your support. As you probably might have realized, we feed off each other's enthusiasm, this is a truly grass root effort.
Cheers
--
Thanks for your support. As you probably might have realized, we feed off each other's enthusiasm, this is a truly grass root effort.
Cheers
nrakkati
03-24 10:43 PM
I-797 validity dates determine employment authorization.
Belle is incorrect, IMHO.
_______________________
Not a legal advice.
US citizen of Indian origin
Update...
I am going with attorney. Attorney has just asked me to send all H1Bs, EADs, W2s and Tax Returns. Attorney is working on it.
Thank you
Belle is incorrect, IMHO.
_______________________
Not a legal advice.
US citizen of Indian origin
Update...
I am going with attorney. Attorney has just asked me to send all H1Bs, EADs, W2s and Tax Returns. Attorney is working on it.
Thank you
more...
zephyrr
12-10 01:21 PM
I've been on the website for sometime, started out with a positive attitude, contributed etc, but got totally * turned off* by childish posts like the one from Logiclife. Emotional responses to situations is hardly the way to lead, especially a volunteer organization like IV. Do you think big exhortations and 'quotations' from all over the web motivate people??
Needhelp, you are doing a great job. It is insincere of people to not show up after they've committed, but what's new? We've all had that happen when we try to arrange large parties where the 'not so close' crowd is expected.
My 2 cents, instead of using impersonal bulletin boards and emails, lets try this:
- you * call * 2 of your friends and ask them to commit
- ur friends each calls 2 more friends and asks them to commit
I'm willing to bet, we'll get a better turnover this way.
Cheers
Logiclife,
IV is a voluntary organisation. You can request people to volunteer, but cannot force them or scold them for not volunteering. This is not professional. They might have their reasons and the right to work their way. I agree with your frustration when people who signed to turn up do not show up. But I feel this is not the way to express it.
Ram
Needhelp, you are doing a great job. It is insincere of people to not show up after they've committed, but what's new? We've all had that happen when we try to arrange large parties where the 'not so close' crowd is expected.
My 2 cents, instead of using impersonal bulletin boards and emails, lets try this:
- you * call * 2 of your friends and ask them to commit
- ur friends each calls 2 more friends and asks them to commit
I'm willing to bet, we'll get a better turnover this way.
Cheers
Logiclife,
IV is a voluntary organisation. You can request people to volunteer, but cannot force them or scold them for not volunteering. This is not professional. They might have their reasons and the right to work their way. I agree with your frustration when people who signed to turn up do not show up. But I feel this is not the way to express it.
Ram
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rsdang
06-23 05:26 PM
Just got off the phone. The Lady said she is getting hundreds of these calls. She also said the Rep smith had not made his position public. She asked if I was part of the same group that has been calling. I said yes but I am calling on behalf of all the legal immigrants who would like to see a better streamlined process so that thousands of tax payers in US can breath a sigh.
lets keep the calls coming.
lets keep the calls coming.
more...
Jaime
09-04 11:37 AM
You still have time to arrange your plans and attend! Here�s why you should come:
You have probably made up your mind not to attend the rally. Perhaps you think that already many people will attend and that one more or one less person (You) will not make a difference. But it will! In fact, let�s not even think about whether one more or one less person will make a difference. Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.
You have been very frustrated for years with this broken immigration system, right? Perhaps you�ve been stuck for years, no raises, spouse cannot work, children aging out? How many times have you wanted to tell Congress what�s on your mind? This is likely your ONLY CHANCE to do so! Again, think of this in terms of you attending even if you were the only person attending. Attend because you are mad. Attend because you want to see change. Attend to make yourself visible, and make everyone out there know of your silent struggle. The silent struggle that you have had to put up for years. Even if that�s all you do, you will feel better. People will know the unfairness that you have been treated with! Attend because IT IS THE RIGHT THING TO DO! If your friends are not attending, try to convince them, but if they choose not to go, don�t let that influence you! Sometimes in life we have to do things just because they are right, no other reason. Will this rally work? Will lawmakers listen? Will my employer be mad that I took a day off? Will I have to spend $500 to get there? None of that matters! The only reason of why you should attend is because you have been abused, and you will not take it! You have dignity! You will go and tell Congress to stop messing with you unfairly. You have the power, freedom and OBLIGATION to do so! Your children will be proud of you. If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!
You have probably made up your mind not to attend the rally. Perhaps you think that already many people will attend and that one more or one less person (You) will not make a difference. But it will! In fact, let�s not even think about whether one more or one less person will make a difference. Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.
You have been very frustrated for years with this broken immigration system, right? Perhaps you�ve been stuck for years, no raises, spouse cannot work, children aging out? How many times have you wanted to tell Congress what�s on your mind? This is likely your ONLY CHANCE to do so! Again, think of this in terms of you attending even if you were the only person attending. Attend because you are mad. Attend because you want to see change. Attend to make yourself visible, and make everyone out there know of your silent struggle. The silent struggle that you have had to put up for years. Even if that�s all you do, you will feel better. People will know the unfairness that you have been treated with! Attend because IT IS THE RIGHT THING TO DO! If your friends are not attending, try to convince them, but if they choose not to go, don�t let that influence you! Sometimes in life we have to do things just because they are right, no other reason. Will this rally work? Will lawmakers listen? Will my employer be mad that I took a day off? Will I have to spend $500 to get there? None of that matters! The only reason of why you should attend is because you have been abused, and you will not take it! You have dignity! You will go and tell Congress to stop messing with you unfairly. You have the power, freedom and OBLIGATION to do so! Your children will be proud of you. If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!
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shantanup
07-21 09:14 AM
http://dallas.eknazar.com/ekClassifieds/product_desc.php?id=232721
http://sanantonio.eknazar.com/Classifieds/product_desc.php?id=232720
http://www.competeamerica.org/hill/letter_congress/HouseEBGree%20CardBillsSignOnLtr.pdf
July 17, 2008
Dear Member of Congress:
As U.S. employers, education institutions, and trade associations representing the future of American
innovation, we are writing to urge your support for three bills that will make necessary incremental
adjustments to the employment-based (EB) green card system. The measures � H.R. 6039, H.R. 5921
and H.R. 5882 � enjoy bipartisan support and should be enacted without delay this year.
America�s scientific and technological leadership is at a crossroads. To remain the world leader in
innovation, U.S. employers must have access to much-needed and sought-after highly educated talent �
including scientists, researchers, teachers and medical professionals. Foreign-born professionals make
great contributions to the U.S. economy and create good, high-paying jobs for all Americans.
U.S. employers rely on EB green cards to keep foreign-born talent living, working and innovating in
America. Yet, despite the critical importance of these visas, Congress has failed to address the well
documented backlogs in the EB green card system that leave some foreign-born, highly educated
professionals waiting over six to 10 years to receive a permanent resident visa.
The three bills will address many shortcomings in the EB green card system. For example:
� H.R. 6039, by exempting highly educated, foreign-born students earning an advanced degree in
science, technology, engineering or mathematics from a U.S. university from the annual EB green
card limit, would help U.S. employers retain these talented individuals in the U.S. workforce. For
example, foreign nationals comprise half of the master�s and 70 percent of the Ph.D.s in electrical
engineering from U.S. universities.
� H.R. 5921 will help put an end to multi-year wait times by eliminating unduly restrictive per
country limits on EB green cards.
� H.R. 5882 will help to reduce visa backlogs by �recapturing� EB green cards from prior years
that went unused due to government processing delays and making them available immediately to
those who meet the requirements.
Without these incremental reforms, U.S. employers will continue to be crippled in the global competition
for the world�s best talent, as more and more extremely valuable professionals from around the world
take their education and abilities to competitors abroad.
While permanent reforms for the EB green card system will be critical to U.S. employers� long-term
ability to hire and retain key worldwide talent, H.R. 6039, H.R. 5921 and H.R. 5882 are common sense,
incremental reforms that should be enacted this year. We again urge your support for these important
measures.
Sincerely,
Wow! My employer is in the list of supporters. I wasn't aware of that! I must get in touch with the corporate HR.
http://sanantonio.eknazar.com/Classifieds/product_desc.php?id=232720
http://www.competeamerica.org/hill/letter_congress/HouseEBGree%20CardBillsSignOnLtr.pdf
July 17, 2008
Dear Member of Congress:
As U.S. employers, education institutions, and trade associations representing the future of American
innovation, we are writing to urge your support for three bills that will make necessary incremental
adjustments to the employment-based (EB) green card system. The measures � H.R. 6039, H.R. 5921
and H.R. 5882 � enjoy bipartisan support and should be enacted without delay this year.
America�s scientific and technological leadership is at a crossroads. To remain the world leader in
innovation, U.S. employers must have access to much-needed and sought-after highly educated talent �
including scientists, researchers, teachers and medical professionals. Foreign-born professionals make
great contributions to the U.S. economy and create good, high-paying jobs for all Americans.
U.S. employers rely on EB green cards to keep foreign-born talent living, working and innovating in
America. Yet, despite the critical importance of these visas, Congress has failed to address the well
documented backlogs in the EB green card system that leave some foreign-born, highly educated
professionals waiting over six to 10 years to receive a permanent resident visa.
The three bills will address many shortcomings in the EB green card system. For example:
� H.R. 6039, by exempting highly educated, foreign-born students earning an advanced degree in
science, technology, engineering or mathematics from a U.S. university from the annual EB green
card limit, would help U.S. employers retain these talented individuals in the U.S. workforce. For
example, foreign nationals comprise half of the master�s and 70 percent of the Ph.D.s in electrical
engineering from U.S. universities.
� H.R. 5921 will help put an end to multi-year wait times by eliminating unduly restrictive per
country limits on EB green cards.
� H.R. 5882 will help to reduce visa backlogs by �recapturing� EB green cards from prior years
that went unused due to government processing delays and making them available immediately to
those who meet the requirements.
Without these incremental reforms, U.S. employers will continue to be crippled in the global competition
for the world�s best talent, as more and more extremely valuable professionals from around the world
take their education and abilities to competitors abroad.
While permanent reforms for the EB green card system will be critical to U.S. employers� long-term
ability to hire and retain key worldwide talent, H.R. 6039, H.R. 5921 and H.R. 5882 are common sense,
incremental reforms that should be enacted this year. We again urge your support for these important
measures.
Sincerely,
Wow! My employer is in the list of supporters. I wasn't aware of that! I must get in touch with the corporate HR.
more...
walking_dude
10-07 10:45 AM
CagedCactus / Chintu25,
Get our chapter registered at the Registrar of State Chapters (through Paskal?).
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
Get our chapter registered at the Registrar of State Chapters (through Paskal?).
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
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mheggade
07-15 05:26 PM
Thanks for the post. However I read testimony that said more than 80% of EB visas have been used up. That leaves only 28k (20% of 140k) at most as spill over for Fiscal 2008. Thoughts?
My understanding is they wait until last quarter to give the spill over. But this time they started giving the numbers in 3rd quarter itself. Keep in mind EB1 is current and Eb2 except I and C is still current.
I expect to see at least 20k visa's issued to EB2 I and C.
My understanding is they wait until last quarter to give the spill over. But this time they started giving the numbers in 3rd quarter itself. Keep in mind EB1 is current and Eb2 except I and C is still current.
I expect to see at least 20k visa's issued to EB2 I and C.
more...
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sundeep14
06-25 05:41 PM
damn..i too checked and i have got my ead approved today...so its 1 yr...i was wonderin if there is a way by which we can call next week USCIS and tell them that they i want a new ead or somethin...??
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NO_Free_Rider
07-17 05:57 PM
I've the same question. If I complete an online Masters in info tech from a reputed university, with the SKIL bill, can I jump the queue?
Will a part time MBA / executive MBA from reputed university do any trick for the existing H1b holders? I am not asking this for GC, but it is mere co-incidence with SKIL bill and my intention of doing MBA.
The very first para in August 2006 visa bulletin says...
This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 10th in the chronological order of the reported priority dates.
MY COMMENTS:
In may it was Apr'08, then it was Apr'15 and now it is again Apr'01. So when the dates are in April 15, more people have applied for 485(than I have imagined) to consume the VISA availability quota. I wonder, if those many people are there from 2001 April and before to consume the quota, then when will the datel move to May'01. Forget about the visa dates moving to July/Aug/..Dec 01.
If the SKIL bill or any other provision is not passed into the law, it is always better to have a secondary plan to save the career at least. It is better to think our family and career assuming what we will be doing if the priority dates does not cross Dec'01 in the next five years.
I personally think to move back to India if I do not see anything by march next year. Already I am in the end of seventh year. If the SKIL bill is not passed, I donot want to do a MBA here by spending 40K(partime ,100K fulltime) and then doing a sr.software er job. With the spagetti law, I cannot change my roles whatever qualifications I add after applying for my GC. I have been postponing the idea of starting my MBA for long time becos I would like to file my 485 before I work on that. Otherwise it is waste of time, energy and money. What a HELL...............
Will a part time MBA / executive MBA from reputed university do any trick for the existing H1b holders? I am not asking this for GC, but it is mere co-incidence with SKIL bill and my intention of doing MBA.
The very first para in August 2006 visa bulletin says...
This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 10th in the chronological order of the reported priority dates.
MY COMMENTS:
In may it was Apr'08, then it was Apr'15 and now it is again Apr'01. So when the dates are in April 15, more people have applied for 485(than I have imagined) to consume the VISA availability quota. I wonder, if those many people are there from 2001 April and before to consume the quota, then when will the datel move to May'01. Forget about the visa dates moving to July/Aug/..Dec 01.
If the SKIL bill or any other provision is not passed into the law, it is always better to have a secondary plan to save the career at least. It is better to think our family and career assuming what we will be doing if the priority dates does not cross Dec'01 in the next five years.
I personally think to move back to India if I do not see anything by march next year. Already I am in the end of seventh year. If the SKIL bill is not passed, I donot want to do a MBA here by spending 40K(partime ,100K fulltime) and then doing a sr.software er job. With the spagetti law, I cannot change my roles whatever qualifications I add after applying for my GC. I have been postponing the idea of starting my MBA for long time becos I would like to file my 485 before I work on that. Otherwise it is waste of time, energy and money. What a HELL...............
more...
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chanduv23
06-12 03:11 PM
Folks, I got the response from AF.
This is what I sent them:
This is AF response:
Hope they treat everybody equally!!!
Problems will not go away. Such incidents may happen elsewhere or in the same place.
If Air France was genuine they should have made everyone stay in the same place or atleast talk to theie department of immigration and arrange a temporary supervised visa and take all people to the hotel.
They just did not care
This is what I sent them:
This is AF response:
Hope they treat everybody equally!!!
Problems will not go away. Such incidents may happen elsewhere or in the same place.
If Air France was genuine they should have made everyone stay in the same place or atleast talk to theie department of immigration and arrange a temporary supervised visa and take all people to the hotel.
They just did not care
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alterego
09-27 09:13 PM
A good attorney should be able to get those who availed themselves of the AC21 opportunity free and clear in their green card journey. The law seems pretty clear on this to me.
This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.
I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!
Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.
If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.
Any thoughts?
This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.
I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!
Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.
If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.
Any thoughts?
more...
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krishmunn
08-22 01:02 AM
I am seriously considering this option. I have over 6 years experience as Manager in two large Indian IT companies (part of which is in L1A visa). However, I have detailed experience letter for about 2.5 years. The other company (through which I came on L1A earlier) does not give detailed experience letter per their policy. They gave a summary letter with start date-end date, designation and basic salary. I can get maximum point with 4 years experience.
Does anyone know if Canadian Immigration accept secondary evidence like coworkers letter and/or my job description as mentioned in the L1 petition by that company.
Also, does anyone know how much prep is required for IELTS ?
Does anyone know if Canadian Immigration accept secondary evidence like coworkers letter and/or my job description as mentioned in the L1 petition by that company.
Also, does anyone know how much prep is required for IELTS ?
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qvadis
03-21 04:48 AM
Allow me to emphasize a different section of the text:
Snips from Nov 05 Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html)
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
>> As per my understanding, When there are no per country limits, It can be assigned to any one with oldest PD. Not that it is working like that with USCIS. As I said, before in my previous post, we can imagine these visa numbers tagged with the category name beside them. <<
The way I read this is that this particular AC21 rule only applies if there are no cut-off dates in any category (for that calendar quarter). This is clearly not the case in this bulletin, where the cut-off date for EB3 is set to July '05. Hence, the new interpretation seems different.
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply ...] This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
>> I have spoken with an attorney and he expressed above similar opinion where we might not have noticed how numbers were overflowing and NOT overflowing to demand or lack of demand. Either way, This is not a panacea for the problem at hand as there is no clarity what so ever in either procedures. <<
Maybe I'm misreading above statement, but it sounds to me that because of higher demand (of ROW), AC21 wouldn't apply anymore, and instead of 47k in '05, India had only received 10k in '06.
Note that I think the immigration system is broken and needs to be fixed. By changing their interpretation, they are only taking away visas from one group and give it to another group. I can certainly see why people who are affected by this would be biased. No harm intended.
Snips from Nov 05 Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html)
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
>> As per my understanding, When there are no per country limits, It can be assigned to any one with oldest PD. Not that it is working like that with USCIS. As I said, before in my previous post, we can imagine these visa numbers tagged with the category name beside them. <<
The way I read this is that this particular AC21 rule only applies if there are no cut-off dates in any category (for that calendar quarter). This is clearly not the case in this bulletin, where the cut-off date for EB3 is set to July '05. Hence, the new interpretation seems different.
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply ...] This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
>> I have spoken with an attorney and he expressed above similar opinion where we might not have noticed how numbers were overflowing and NOT overflowing to demand or lack of demand. Either way, This is not a panacea for the problem at hand as there is no clarity what so ever in either procedures. <<
Maybe I'm misreading above statement, but it sounds to me that because of higher demand (of ROW), AC21 wouldn't apply anymore, and instead of 47k in '05, India had only received 10k in '06.
Note that I think the immigration system is broken and needs to be fixed. By changing their interpretation, they are only taking away visas from one group and give it to another group. I can certainly see why people who are affected by this would be biased. No harm intended.
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desi3933
01-13 10:38 AM
.......
.......
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work
......
......
Good Luck with using that argument if that is your legal basis.
Fair does not necessarily means legal.
Example:
Two person have approved I-140 and waiting for visa number to be current. One is in the USA and the other one is outside USA. The one in the USA can keep on extending H-1B while waiting to file I-485, whereas other person has to wait to get green card at consular processing. Is that fair? For some, it may or may not be.
Immigration Laws can not be challenged in court on basis of fairness. However, with lobbying, laws can be changed.
Personally, I think the country quota is discriminatory and should be removed for EB based green card. But this can be done only with law change and this requires long and persistent lobbying, time, and monetory effort.
In any fight, it is always prudent to use effort and energy in right direction.
Good Luck.
_________________
Not a legal advice.
.......
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work
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Good Luck with using that argument if that is your legal basis.
Fair does not necessarily means legal.
Example:
Two person have approved I-140 and waiting for visa number to be current. One is in the USA and the other one is outside USA. The one in the USA can keep on extending H-1B while waiting to file I-485, whereas other person has to wait to get green card at consular processing. Is that fair? For some, it may or may not be.
Immigration Laws can not be challenged in court on basis of fairness. However, with lobbying, laws can be changed.
Personally, I think the country quota is discriminatory and should be removed for EB based green card. But this can be done only with law change and this requires long and persistent lobbying, time, and monetory effort.
In any fight, it is always prudent to use effort and energy in right direction.
Good Luck.
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Not a legal advice.
stldude
07-05 09:08 AM
I agree. The PD for Oct' Bulletin will probably somewhere in mid-end of 2003 and i don't think it'll ever go back to Current .... So what happens to all the 2006,2007 applications ???
EB3/ PD May 2003
EB3/ PD May 2003
gc_check
06-08 01:59 PM
There is a SLIM chance that CIR might come back this year, but if this CIR is taken again with its current provision for the EB Category and H1B in it, it is very bad for many of us.
Plan B, I think must be, trying to insert or get some sort of SMALL provision that would alleviate the problem for vast majority of us, into some appropriation bill (Read some where there will be 11 appropriation bill taken up this summer) as the appropriation bill must have to pass for the government to function.
I would either try for filing AOS while visa numbers are not available with an extra fee of $1000… or recapture of unused visas from previous years and use them once without country limit might help. As long as we are not asking for some thing new or more, but like recapture, change of process to ease the current problem, etc might have a SMALL chance.
Plan B, I think must be, trying to insert or get some sort of SMALL provision that would alleviate the problem for vast majority of us, into some appropriation bill (Read some where there will be 11 appropriation bill taken up this summer) as the appropriation bill must have to pass for the government to function.
I would either try for filing AOS while visa numbers are not available with an extra fee of $1000… or recapture of unused visas from previous years and use them once without country limit might help. As long as we are not asking for some thing new or more, but like recapture, change of process to ease the current problem, etc might have a SMALL chance.
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