leoindiano
07-17 09:35 AM
Dear Attorney,
I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?
On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?
Thank You
I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?
On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?
Thank You
wallpaper 1991 Buick Roadmaster 4 Dr
snthampi
07-31 12:01 AM
Thanks Thampi, people let us post some more avoidance techniques to be used subtle or not, this is a scourge we need to get rid of.
Keep going man. We are all adults and just trying to be funny. No one needs get upset over this. It is ok if the Amway/Quickstar guys get upset, because they upset us once in a while.
Keep going man. We are all adults and just trying to be funny. No one needs get upset over this. It is ok if the Amway/Quickstar guys get upset, because they upset us once in a while.
gc_on_demand
08-04 07:57 AM
Hello VDLRAO ,
People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?
People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?
2011 My wifes DD, 1991 Buick
breddy2000
07-25 02:17 PM
They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.
Do you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?
If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...
Now due to more hiring they might process all the available visas by the end of the year.
Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....
We'll see once we hit Aug 1st......
Do you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?
If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...
Now due to more hiring they might process all the available visas by the end of the year.
Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....
We'll see once we hit Aug 1st......
acepb
08-17 07:31 AM
I think he's using this as a great publicity gimmick to market his next movie 'my name is khan'
bobzibub
07-10 11:48 AM
My wife suggested the same thing about an hour ago after getting our lawyer's visa bill for my worthless 485 application. (#$#$%you very much US government!)
It is much better to run to something than run from something. But maybe it is time.
It is much better to run to something than run from something. But maybe it is time.
logiclife
06-28 07:25 PM
can you name this firm please?
Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.
And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".
Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.
And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".
2010 1991 Buick Roadmaster Estate
cr52401
10-03 07:34 AM
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
texanguy
06-02 12:09 AM
Guys...can somebody tell me why they are not counting on EB1 & EB2 row numbers for the last quarter of 2009? Historically, these were the numbers which were transferred to oversubscribed countries, because of which priority dates well pushed way ahead. What's different this time? Even if USCIS works with tremendous efficiency, they cant really use those numbers before the quarter starts.
Nobody seems to notice this fact???
Nobody seems to notice this fact???
hair 1991-1993 Buick Roadmaster
PlainSpeak
01-14 10:06 AM
Plainspeak wasting time.
He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
He was member 2006 onward. Did nothing. Wasted time.
Yes i am a meber since 2006 and yes helping others does not just mean be an IV DONOR and volunteer. Helping others can be done is other ways also
Now facing job problem. Need Greencard and now want IV to do for him. My friend it is because my job has become secure now is teh reasn why i am able to concentrate more on this. IV does not do anything for anyone. We do it for ourselves and the we includes not just you but even me my friend
Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
As i said it before i started a GC process once and i am damn well NOT going to start a new process. Why should i start a new process in EB2 or EB1. I wil lfight for this EB3 gc even if it takes 10 years (Who am i kindding it will takle more than that but th espirit to fight i never diminished)
Typical of some lowskill EB3I do nothing and blame.
To get to the point my friend there is a saying in America called as DIGNITY OF LABOUR. What is means (And i have to explain to you bceause obviously you do not undestand) what ever the skills and labour a person is doing whether he is a rocket scientist or whether he si a garbage collector every job is a lobour of hard work and every job deserves a respect. Now that we go that out of the way what was that you were saying about my low skills EB3I. Are you even aware of what you are doing. You are abusing a person for being EB3I. That is not there on IV charter. You are going against the charter
Ok i am waiting for all the senior members and donors to jump inhere an do the right thing. Dont you always talk about righta nd wrong and that therte is no difference between EB2 and EB3 and here you havea guy abusing some one jst becasue he is EB3India
Sileeeeeeeeeeeeeeeeeeeeeeence croack croack No Reply
He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
He was member 2006 onward. Did nothing. Wasted time.
Yes i am a meber since 2006 and yes helping others does not just mean be an IV DONOR and volunteer. Helping others can be done is other ways also
Now facing job problem. Need Greencard and now want IV to do for him. My friend it is because my job has become secure now is teh reasn why i am able to concentrate more on this. IV does not do anything for anyone. We do it for ourselves and the we includes not just you but even me my friend
Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
As i said it before i started a GC process once and i am damn well NOT going to start a new process. Why should i start a new process in EB2 or EB1. I wil lfight for this EB3 gc even if it takes 10 years (Who am i kindding it will takle more than that but th espirit to fight i never diminished)
Typical of some lowskill EB3I do nothing and blame.
To get to the point my friend there is a saying in America called as DIGNITY OF LABOUR. What is means (And i have to explain to you bceause obviously you do not undestand) what ever the skills and labour a person is doing whether he is a rocket scientist or whether he si a garbage collector every job is a lobour of hard work and every job deserves a respect. Now that we go that out of the way what was that you were saying about my low skills EB3I. Are you even aware of what you are doing. You are abusing a person for being EB3I. That is not there on IV charter. You are going against the charter
Ok i am waiting for all the senior members and donors to jump inhere an do the right thing. Dont you always talk about righta nd wrong and that therte is no difference between EB2 and EB3 and here you havea guy abusing some one jst becasue he is EB3India
Sileeeeeeeeeeeeeeeeeeeeeeence croack croack No Reply
dallasdude
05-29 03:50 PM
No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.
There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".
So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?
We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?
Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.
Hope you're not one of the EB1 fellas. I understand your point, but we just cant ignore what these primitives are doing and abusing the EB1 category.
There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".
So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?
We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?
Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.
Hope you're not one of the EB1 fellas. I understand your point, but we just cant ignore what these primitives are doing and abusing the EB1 category.
hot Buick Roadmaster wagon.
katrina
02-01 02:34 PM
US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that
http://www.flight-capital.com/
This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.
This is an independent non-partisan source who can be quoted in our cause.
http://www.greatandhra.com/business/greencard_usa.html
and there is another good article with the same topic.
Check out this article in the Wall Street Journal - by Gary Becker, a Nobel Price Winner..alas this administration in immune to such logic
Give Us Your Skilled Masses
By GARY S. BECKER
November 30, 2005; Page A18
With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.
An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!
This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.
So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.
Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.
* * *
To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.
Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."
Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.
Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.
Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.
Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.
* * *
I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.
Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.
Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?
Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.
http://www.flight-capital.com/
This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.
This is an independent non-partisan source who can be quoted in our cause.
http://www.greatandhra.com/business/greencard_usa.html
and there is another good article with the same topic.
Check out this article in the Wall Street Journal - by Gary Becker, a Nobel Price Winner..alas this administration in immune to such logic
Give Us Your Skilled Masses
By GARY S. BECKER
November 30, 2005; Page A18
With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.
An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!
This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.
So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.
Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.
* * *
To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.
Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."
Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.
Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.
Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.
Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.
* * *
I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.
Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.
Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?
Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.
house 91 BUICK ROADMASTER HEATER
Lasantha
12-14 03:45 PM
Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
tattoo 1991 Buick Road Master
vdlrao
07-24 09:01 PM
http://www.immigration-information.com/forums/showthread.php?t=5456&page=8
#78 07-07 12:43 PM
guchi472000 guchi472000 is offline
Junior Member Join Date: Mar 2008
Posts: 13
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
Hi Ron.
Any predictions for Aug-08 visa bulletine.
Thanks.
guchi472000
View Public Profile
Find all posts by guchi472000
#79 07-07 01:30 PM
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin.
__________________
Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
Blog Entries: 11
07-07 01:30 PM
Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
Blog Entries: 11
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin
As our "Legal" mentioned please see Ron's commets on the Aug 2008 Bulletin, before its released.
#78 07-07 12:43 PM
guchi472000 guchi472000 is offline
Junior Member Join Date: Mar 2008
Posts: 13
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
Hi Ron.
Any predictions for Aug-08 visa bulletine.
Thanks.
guchi472000
View Public Profile
Find all posts by guchi472000
#79 07-07 01:30 PM
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin.
__________________
Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
Blog Entries: 11
07-07 01:30 PM
Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
Blog Entries: 11
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin
As our "Legal" mentioned please see Ron's commets on the Aug 2008 Bulletin, before its released.
pictures 1991 Buick Roadmaster
Ramba
12-14 12:19 AM
One cannot challange the content of the INA. Immigration is a privilage not a right. US citizens/lawmakers decides who they or how many they want to allow per year through INA. One can not challange this. For example, before 1960, US allowed only europians not asians. Though, US immigration has a history of 200 years, Indians were not allowed before 1960 in EB catagories. One could not challange then. Tommorow if they amend the INA, by saying no asians allowed in EB catagories, one cannot challange that.
One can challage only if any branch of government violates the law. One can not challange why the law do not have some other provision or why it has only 7%?. It was determiend by congress and signed by president. For example, in H1B, they have special quota for Singapore/Australian nationals. One can not question that. Now, Newzland citizes can not ask/sue, why australians and why not newzlanders in special quota? The same situation in GC system.
There is no ethics/rights in immigration. For example, a janitor/unskilled worker can become citizen after 3 years of LPR(GC) status if his/her spouse is a US citizen and he/she got the GC thro US spouse FB sponsership. At the same time, if a nobel prize winner got GC through EB1 catagory, he/she has to wait 5 years to become citizen after LPR status. This is what the law says. So, this nobel prize winner can not sue the government why the INA is not favorable to him.
One can challage only if any branch of government violates the law. One can not challange why the law do not have some other provision or why it has only 7%?. It was determiend by congress and signed by president. For example, in H1B, they have special quota for Singapore/Australian nationals. One can not question that. Now, Newzland citizes can not ask/sue, why australians and why not newzlanders in special quota? The same situation in GC system.
There is no ethics/rights in immigration. For example, a janitor/unskilled worker can become citizen after 3 years of LPR(GC) status if his/her spouse is a US citizen and he/she got the GC thro US spouse FB sponsership. At the same time, if a nobel prize winner got GC through EB1 catagory, he/she has to wait 5 years to become citizen after LPR status. This is what the law says. So, this nobel prize winner can not sue the government why the INA is not favorable to him.
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Jerrome
05-13 09:53 AM
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
President of Singapore and people living in Singapore. I can go on with the list.
Can i ask simple question to you. what language you speak at home, which temple you are going in US?
Let us say after 25 years US is demolishing all the hindu,gurduars and asking everyone to convert to christianity. what will you do? Do you want to mingle into local culture.
If someone is coming to your home and asking you to eat different food and speak different language and workship different god what will you do? This applies to even a state and to a country?
Don't talk like a fool preaching immigrants should mingle with the country culture. We are not talking about immigrants here, Native Tamils in SL.
Tamil people migrated to WestIndies,Fiji, Malay,USA everywhere they are living peacefully, because they have adopted to their immigrated country.
I really don't know what is the point you are trying to make.
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
President of Singapore and people living in Singapore. I can go on with the list.
Can i ask simple question to you. what language you speak at home, which temple you are going in US?
Let us say after 25 years US is demolishing all the hindu,gurduars and asking everyone to convert to christianity. what will you do? Do you want to mingle into local culture.
If someone is coming to your home and asking you to eat different food and speak different language and workship different god what will you do? This applies to even a state and to a country?
Don't talk like a fool preaching immigrants should mingle with the country culture. We are not talking about immigrants here, Native Tamils in SL.
Tamil people migrated to WestIndies,Fiji, Malay,USA everywhere they are living peacefully, because they have adopted to their immigrated country.
I really don't know what is the point you are trying to make.
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PlainSpeak
01-13 12:57 PM
why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:
why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week.....
For a second after seeing your statement i thought some is getting what i am saying but the smile at the very end destroyed that illusion
But in any case whether you agree with me or not (or whether as some say i am in cloud cooko land- to which all i can say is i woke up when will you) i appreciate a reply to the post
why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week.....
For a second after seeing your statement i thought some is getting what i am saying but the smile at the very end destroyed that illusion
But in any case whether you agree with me or not (or whether as some say i am in cloud cooko land- to which all i can say is i woke up when will you) i appreciate a reply to the post
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srini1976
09-23 06:23 PM
The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because there will be a either a repeat of August 2008 visa bulletin where they might move the visa bulletin up to 2006 or 2007 and basically they will give a visa to whoever irrespective of PD which means people with 2004 and 2005 might get left behind again while people from 2007 and 2007 might get GC or an even more disastrous situation might be that if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
If not all, Recent spate of approvals for EB 2 - I (based on spill over) - in first few weeks of September 2009 is itself a proof of their improved service (& Pre-Adjudication)
Most likely spill over should happen Quarterly. If not I agree with you - they can make everyone current in the last Quarter and approve irrespective of Priority Date. But its least likely to happen this year. But you never know about USCIS.
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because there will be a either a repeat of August 2008 visa bulletin where they might move the visa bulletin up to 2006 or 2007 and basically they will give a visa to whoever irrespective of PD which means people with 2004 and 2005 might get left behind again while people from 2007 and 2007 might get GC or an even more disastrous situation might be that if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
If not all, Recent spate of approvals for EB 2 - I (based on spill over) - in first few weeks of September 2009 is itself a proof of their improved service (& Pre-Adjudication)
Most likely spill over should happen Quarterly. If not I agree with you - they can make everyone current in the last Quarter and approve irrespective of Priority Date. But its least likely to happen this year. But you never know about USCIS.
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hpandey
06-14 12:40 PM
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
You have got the same Indian mentality that most of the people here that once we got a GC and citizenship let us close the doors behind us. Just because you got lucky and got your GC in time and are now applying for Citizenship you are saying that all others who come after you are not as qualified as you or "best and the brightest" .
For your knowledge I see a lot of intelligent people everyday from all walks of life - Indians, Americans, Chinese, Russians etc etc. A person does not becomhe intelligent by the number of degrees he has but by the logic sense that he has and how he applies to his daily life.
Who are you to judge the people coming after you that they are not skilled or the best and brightest.
I don't wish bad for anyone but if you are saying retrogression is good then beware you are wishing for the curse of a lot of people who have been unfairly standing in the queue for 8 - 10 years while a lot of people from 2006 got their GC.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
You have got the same Indian mentality that most of the people here that once we got a GC and citizenship let us close the doors behind us. Just because you got lucky and got your GC in time and are now applying for Citizenship you are saying that all others who come after you are not as qualified as you or "best and the brightest" .
For your knowledge I see a lot of intelligent people everyday from all walks of life - Indians, Americans, Chinese, Russians etc etc. A person does not becomhe intelligent by the number of degrees he has but by the logic sense that he has and how he applies to his daily life.
Who are you to judge the people coming after you that they are not skilled or the best and brightest.
I don't wish bad for anyone but if you are saying retrogression is good then beware you are wishing for the curse of a lot of people who have been unfairly standing in the queue for 8 - 10 years while a lot of people from 2006 got their GC.
Keeme
03-31 10:05 AM
Kancha Ilaya(Sonia appointed ) is being allowed by the Indian Government to lobby with the UN and US Congress so that caste discrimination in India is taken-up by these bodies. (Indians on their own have come a long way in reducing these caste discrimination but alas these people won't want that dying)It shouldn't be any surprise if we see bunch of International articles on India's disgusting caste issues soon.
Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .
This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.
British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.
Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.
There are 2 ways you have to be in Indian politics. Bottom-to-top and Top-to-bottom. Sanjay Dutt, Murli Devra's son, Rajesh Pilot's son, MadhavRao SIndhia's son are some good example of Top-to-bottom. They can be MPs and MLAs but again can't go in heart of general public. Many of them would have short tem political life. Mamta Benergee, Mayavati, Mulayam, lalu, Narendra Modi, Sharad Yadav and many others are example of bottom-to-top.
Rahul Gandhi doesn't want to be labeled as top-to-bottom. It won't last long.
Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .
This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.
British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.
Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.
There are 2 ways you have to be in Indian politics. Bottom-to-top and Top-to-bottom. Sanjay Dutt, Murli Devra's son, Rajesh Pilot's son, MadhavRao SIndhia's son are some good example of Top-to-bottom. They can be MPs and MLAs but again can't go in heart of general public. Many of them would have short tem political life. Mamta Benergee, Mayavati, Mulayam, lalu, Narendra Modi, Sharad Yadav and many others are example of bottom-to-top.
Rahul Gandhi doesn't want to be labeled as top-to-bottom. It won't last long.
