Legal
07-21 07:48 PM
These Unused Family Based Visas are from 2007. These Unused Family Based Visas of 2007 would be added to the following year (2008) Employment Based Visas.
The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
EB1 category.
If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!
The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
EB1 category.
If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!
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godbole_sanjaya
04-20 10:57 AM
I wud suggest you against your wish.
amsgc
07-18 11:59 PM
Its all very confusing. We will know more when we get into August.
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Rishi
01-11 10:45 AM
Friends,
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
more...
485Mbe4001
05-29 02:31 PM
:) he did say hope is on the way...but forgot to say which way or he was try to say what would hope's tombstone read...
Here lies HOPE...it was IN the WAY :rolleyes:
to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.
Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"
Here lies HOPE...it was IN the WAY :rolleyes:
to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.
Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"
jthomas
05-29 07:18 PM
I google my name to find this
http://www.alipac.us/ftopict-153059.html
Foreign laborers break the law by collecting unemployment
Anti-immigrants have been comming to our site and collecting information about your discussion.
If you check "Job networking on IV" thread you can see the RED's (0 of 1 found the post not helpful)
Please do not fight with conflicting topics EB1 etc... We need to get with some action plan.
http://www.alipac.us/ftopict-153059.html
Foreign laborers break the law by collecting unemployment
Anti-immigrants have been comming to our site and collecting information about your discussion.
If you check "Job networking on IV" thread you can see the RED's (0 of 1 found the post not helpful)
Please do not fight with conflicting topics EB1 etc... We need to get with some action plan.
more...
villamonte6100
12-14 12:30 PM
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.
If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.
Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.
If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.
Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.
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H1B-GC
08-15 09:30 AM
Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.
We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.
mpadapa has given almost exact count on EB limit for 2008.
http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90
The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.
Do you Agree Mr.Rao?
We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.
mpadapa has given almost exact count on EB limit for 2008.
http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90
The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.
Do you Agree Mr.Rao?
more...
cthd
07-30 01:56 AM
Everytime I visit walmart @ mountain view, can find a guy asking direction to nearest Home Depot. Everytime i come across him, he asks me the same question.
I am planning to carry google maps print out next time I go there.
I am planning to carry google maps print out next time I go there.
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nandakumar
07-21 12:30 PM
I too live in Bay area and have been stalked by lot of Amway/quickstar folks, even couple of my friends tried all their tricks to make us Amway members, after repeated refusals they say that we are losers but in fact they are the losers, losing friends day by day.
more...
sunny1000
12-13 03:30 PM
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
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soljabhai
12-14 09:28 AM
It is not the case that a law cannot be challenged. All the authority of the various government branches (legislative, judicial and executive) is derived from the powers created in the constitution. So even if congress creates a law and president signs it, it can still be challenged if it is found to be contradicting with the constitution from which the government branches derive their authority.
If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.
The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.
If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.
The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.
more...
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redcard
05-29 01:36 PM
For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....
I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....
Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"
I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....
Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"
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Macaca
06-26 07:54 PM
The assessment is correct. The Visa Bulletin is published by the 15th. of every month by DOS. So, by July 15, whatever number of applications, USCIS receives, they have to count them and send the numbers to DOS. DOS then have to do their math and come up with August 2007 numbers, but August 2007 Visa Bulletin has to be published by July 15.
DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
more...
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bayarea07
07-27 12:17 PM
Is it your brainwashed mind that is speaking of that
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
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deepakd
07-11 01:43 PM
Guys
On the sameline, I think no one is crazy about anything but material wealth for self.
Take my example, GOV of India spent lot of money on me so that I get a degree from IIT and here I am in USA salivating over GC dreams.
If I would be kicked out of USA, I may move to Canada, if I kicked out of Canada then to Australia and it would continue............
Aptly quoted fot this situation ( sorry for hindi language)
GC ne jalim Kutta banaa diya
Warna hum bhi the addme izzat ke
On the sameline, I think no one is crazy about anything but material wealth for self.
Take my example, GOV of India spent lot of money on me so that I get a degree from IIT and here I am in USA salivating over GC dreams.
If I would be kicked out of USA, I may move to Canada, if I kicked out of Canada then to Australia and it would continue............
Aptly quoted fot this situation ( sorry for hindi language)
GC ne jalim Kutta banaa diya
Warna hum bhi the addme izzat ke
more...
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walking_dude
02-13 02:16 PM
Are you even reading my posts?!
If visa numbers are increased along with elimination of country quotas ROW will not be impacted significantly. That's what has been posted a hundred times here. Yet, some of you refuse to see reason!
If IV succeeds ROW waiting times will also be significantly reduced due to combination of visa number increase and recapture. That should be the incentive for ROW.
Are you suggesting that IV's efforts would increase the wait times for ROW?
What incentive does ROW have to work with IV then?
If visa numbers are increased along with elimination of country quotas ROW will not be impacted significantly. That's what has been posted a hundred times here. Yet, some of you refuse to see reason!
If IV succeeds ROW waiting times will also be significantly reduced due to combination of visa number increase and recapture. That should be the incentive for ROW.
Are you suggesting that IV's efforts would increase the wait times for ROW?
What incentive does ROW have to work with IV then?
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Imigrait
06-12 12:00 PM
:D Gangubhai motor chali pom pom pom.
Translation:Ganguteli is in top form :)
Agree with Gangubhai totally. I know Americans who have bachelors degrees in physics or graphics arts or even literature from no name colleges who are much better than graduates in IITs both Btech and Mtechs. In fact I even know a high school graduate who was working as a contractor who was really really good. I'm talking about a Fortune 15 company here. As far as Indians are concerned I have seen some young chaps from Wipro,Infosys from no name Indian colleges and they are very good in their work. The college name only helps for your first jobs or to get your resume ahead of others in a pile of resumes that's all.
As someone said to Mr Dilip, he wants to shut the door after him. Not good sir.
Translation:Ganguteli is in top form :)
Agree with Gangubhai totally. I know Americans who have bachelors degrees in physics or graphics arts or even literature from no name colleges who are much better than graduates in IITs both Btech and Mtechs. In fact I even know a high school graduate who was working as a contractor who was really really good. I'm talking about a Fortune 15 company here. As far as Indians are concerned I have seen some young chaps from Wipro,Infosys from no name Indian colleges and they are very good in their work. The college name only helps for your first jobs or to get your resume ahead of others in a pile of resumes that's all.
As someone said to Mr Dilip, he wants to shut the door after him. Not good sir.
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anurakt
09-29 10:32 AM
Does any body have information if we need H1 to be valid for 1 year before applying for PR. Mine is expiring in april 06, can i apply now. will they reject it and i have to resend when i get my extension...please responds...
this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..
I think TN visa is only for Canadian and Mexican citizens and not for Canadian Permanent Residents .....
Can someone confirm that.... ?
this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..
I think TN visa is only for Canadian and Mexican citizens and not for Canadian Permanent Residents .....
Can someone confirm that.... ?
krishmunn
06-12 12:20 PM
I wonder what Dilip was doing when he was laid off. An H1 holder is out of status the moment he/she is laid off. So, our brightest Dilip was out of status (aka illegal) during the period he was laid off.
As is said -- illegals have a better chance to get GC then those trying to be legal.
With such friends of prospecting immigrants you sure do not need an anti-immigrant.
As is said -- illegals have a better chance to get GC then those trying to be legal.
With such friends of prospecting immigrants you sure do not need an anti-immigrant.
pmb76
04-02 05:31 PM
What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..
Most of the so called well educated & intelligent bureaucrat IAS, IPS etc are bottom feeders and crooks. They are only there to milk the system dry and fill their own pockets. No offence but these so called IAS/IPS folks are te ones that have screwed the Indian democracy and given it a bad name.
Most of the so called well educated & intelligent bureaucrat IAS, IPS etc are bottom feeders and crooks. They are only there to milk the system dry and fill their own pockets. No offence but these so called IAS/IPS folks are te ones that have screwed the Indian democracy and given it a bad name.
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