rb_248
12-13 11:39 AM
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
This is a good point. But, in its current state, will not fly. This can only be used as a supporting evidence for our cause. Lawmakers will never remove country cap. We can use this point in pushing any of our other agendas.
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
This is a good point. But, in its current state, will not fly. This can only be used as a supporting evidence for our cause. Lawmakers will never remove country cap. We can use this point in pushing any of our other agendas.
wallpaper Arse of Pippa Middleton
Lasantha
02-13 11:19 AM
There's no POW at least where this topic is concerned. Somebody said that as a joke. ROW of course as Chintu said is Rest Of the World
What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!
What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!
chintu25
02-14 02:08 PM
:mad:Guys do us all a favour Vote for or against the Lawsuit in the other thread
2011 Pippa Middleton and her fine
delax
07-26 06:36 PM
However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.
Thats true - students were not exempt until a couple of years ago - but the point I am trying to make is that they add to the EB - India count thereby retrogressing it further.
Looking at only BIG IT sponsored H1b's may result in a much reduced EB number
Thats true - students were not exempt until a couple of years ago - but the point I am trying to make is that they add to the EB - India count thereby retrogressing it further.
Looking at only BIG IT sponsored H1b's may result in a much reduced EB number
more...
unitednations
02-13 12:20 PM
immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
This is a valid point of why they don't drill rest of the world down further.
From a global perspective; if they drilled down rest of the world and took all countries and evenly divided the visas then perhaps the per country limit would be less then 1%. 100% divided by number of countries in the world and you would get less then 1%. Then any country who doesn't use up that visa would get re-allocated to other countries. Pretty difficult thing to do; I would imagine.
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
This is a valid point of why they don't drill rest of the world down further.
From a global perspective; if they drilled down rest of the world and took all countries and evenly divided the visas then perhaps the per country limit would be less then 1%. 100% divided by number of countries in the world and you would get less then 1%. Then any country who doesn't use up that visa would get re-allocated to other countries. Pretty difficult thing to do; I would imagine.
amitjoey
01-13 12:24 PM
Members: Please - refrain from fighting about EB3/EB2.
IV is for everybody and IV has always tried to be balanced and fair to all categories. Please read the provisions that IV is asking for.
The goal is for zero backlog -Then where is the question of EB3 lagging behind.
IF we get what we are asking for- ie: recapture, not counting dependants and no country quota, then there wont be backlog in any of the categories.
IV is for everybody and IV has always tried to be balanced and fair to all categories. Please read the provisions that IV is asking for.
The goal is for zero backlog -Then where is the question of EB3 lagging behind.
IF we get what we are asking for- ie: recapture, not counting dependants and no country quota, then there wont be backlog in any of the categories.
more...
gcdreamer05
07-03 01:43 PM
This is a question to the attorney.
There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.
Some members had said it takes anywhere between 10 days to more than a month or so.
Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.
Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.
There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.
Some members had said it takes anywhere between 10 days to more than a month or so.
Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.
Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.
2010 Pippa Middleton out in Madrid
ashutrip
06-26 02:11 PM
Hey...No one can predict anything about Aug and Sept. You just have to wait till you get your LC and then check where dates are and file accordingly. There is nothing you can do about it, so relax and don't worry too much.
If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.
it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(
If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.
it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(
more...
franklin
02-13 03:09 PM
I take up the challenge. I'm ROW, maybe this is the spur that will make me participate somewhat.
Yes, such a pity there was no one from the ROW group present in DC
Yes, such a pity there was no one from the ROW group present in DC
hair The Pippa Middleton Ass
transpass
09-03 05:28 PM
Well, lemme give my 2 cents as I am from AP and follow politics very closely...I CAN TELL ONE THING - IF EVERYONE HAS THE SAME FACTS ABOUT SOME ISSUE, ESP. WITH ABOUT A PERSON, EVERYONE PRETTY MUCH COMES TO THE SAME CONCLUSION. So here are some of the facts, some first hand and some knowing by hailing from the area...
I have first hand accounts about the person....There are corrupt guys and then there was YSR...to the extent most of you would not even believe!!! One of my friends was a police officer, and told me that YSR openly used to intimidate them if they did not oblige...
It's funny someone mentioned that he had a vision, democratically elected etc., etc...My other friend comes from the same town as he, and told me how he literally 'ruled' the place with thuggery, force, intimidation, power, etc...
Oh yeah sure he was a doctor...Did he not buy that degree through donation education from Karnataka, during good old days?
Someone mentioned he was self made...He..Hee...He came from a well to do family, and then he made millions more through corruption, mining mafia, land grabbing, etc.
We already have (too much) religious stuff playing politics in India. Instead of separating religion from politics, he took it up a notch...We have govt. paying the hajj pilgrims and now he was trying to have govt. pay for people who visit vatican...Sure, everybody is free to practice his/her own religion, but why should the tax payers pay for these trips?
During the first term, it is a known fact that he allocated tons of treasury resources and govt. projects to his native area, even though other parts of the state desparately needed them...
He sidelined other congress leaders in the state so that he would not have another voice...so much so that even though congress won many more lok sabha seats in AP than in TN, he made sure that no more than one or two MPs from AP become members of central cabinet (compared to 4 or 5 from TN congress and dmk alliance), so that he would not have a rival with power in AP. Forget about the other developmental benefits that AP could have availed by having central cabinet ministers. This is not a speculation, but following the way he ascended in politics, and the way he operates, it's not a rocket science to conclude that...
When real estate in hyd exploded, he had his goons coming from his native place, illegally occupying the private land and govt. land alike. His brother and his goons are forcibly buying private land through intimidation. The sob even issued G.O. retroactively to pretty much legalize and take care of those forcible buyings.
And by the way did I mention how many died since he turned politics into a sort of blood sport in Cuddaph district? People are already talking about making his son the CM. This is height of degeneration...What a pity...
Now you might say, that's how it works in Indian politics, etc...But think about this way...
He was a corrupt guy to the core, governs like a dictator, amasses ill-gotten wealth, eliminates rivals through intimidation and killings...In the process, none of the ordinary people did not have any betterment in their lives over the past 5 yrs. (with the exception of a few of his loyalists) and funny that the Indian new papers (or rather we should call them tabloids) are dubbing him 'Man of the people', etc.
NOW TELL ME IF IT'S NOT A GOOD RIDDANCE, WHAT ELSE IS IT? I am not a proponent of someone dying an untimely death, but I am happy that it's a good riddance from the perspective of seeing an end to these dirty deeds, atleast from one person...I am positive everyone would atleast come to this conclusion...
I have first hand accounts about the person....There are corrupt guys and then there was YSR...to the extent most of you would not even believe!!! One of my friends was a police officer, and told me that YSR openly used to intimidate them if they did not oblige...
It's funny someone mentioned that he had a vision, democratically elected etc., etc...My other friend comes from the same town as he, and told me how he literally 'ruled' the place with thuggery, force, intimidation, power, etc...
Oh yeah sure he was a doctor...Did he not buy that degree through donation education from Karnataka, during good old days?
Someone mentioned he was self made...He..Hee...He came from a well to do family, and then he made millions more through corruption, mining mafia, land grabbing, etc.
We already have (too much) religious stuff playing politics in India. Instead of separating religion from politics, he took it up a notch...We have govt. paying the hajj pilgrims and now he was trying to have govt. pay for people who visit vatican...Sure, everybody is free to practice his/her own religion, but why should the tax payers pay for these trips?
During the first term, it is a known fact that he allocated tons of treasury resources and govt. projects to his native area, even though other parts of the state desparately needed them...
He sidelined other congress leaders in the state so that he would not have another voice...so much so that even though congress won many more lok sabha seats in AP than in TN, he made sure that no more than one or two MPs from AP become members of central cabinet (compared to 4 or 5 from TN congress and dmk alliance), so that he would not have a rival with power in AP. Forget about the other developmental benefits that AP could have availed by having central cabinet ministers. This is not a speculation, but following the way he ascended in politics, and the way he operates, it's not a rocket science to conclude that...
When real estate in hyd exploded, he had his goons coming from his native place, illegally occupying the private land and govt. land alike. His brother and his goons are forcibly buying private land through intimidation. The sob even issued G.O. retroactively to pretty much legalize and take care of those forcible buyings.
And by the way did I mention how many died since he turned politics into a sort of blood sport in Cuddaph district? People are already talking about making his son the CM. This is height of degeneration...What a pity...
Now you might say, that's how it works in Indian politics, etc...But think about this way...
He was a corrupt guy to the core, governs like a dictator, amasses ill-gotten wealth, eliminates rivals through intimidation and killings...In the process, none of the ordinary people did not have any betterment in their lives over the past 5 yrs. (with the exception of a few of his loyalists) and funny that the Indian new papers (or rather we should call them tabloids) are dubbing him 'Man of the people', etc.
NOW TELL ME IF IT'S NOT A GOOD RIDDANCE, WHAT ELSE IS IT? I am not a proponent of someone dying an untimely death, but I am happy that it's a good riddance from the perspective of seeing an end to these dirty deeds, atleast from one person...I am positive everyone would atleast come to this conclusion...
more...
jetguy777
07-22 11:23 AM
Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.
Vdlrao
Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:
"It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."
How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.
Vdlrao
Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:
"It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."
How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.
hot Pippa Middleton#39;s um just
pmat
05-10 08:10 AM
I also don't believe in all the crap about cost of living in Canada. Toronto is the hub in Canada that has most of the jobs, but the cost of living is nowhere near to big US cities such as NY, San Francisco, etc. Based on my research, you can easily get a nice 4 bedroom SFH in Toronto suburbs for less than 300K.
Once again, eb2waiter, a baseless statement in "Canada is not a land of opportunity". No one owes you a living. You have to work for it. If you're such a good IT worker, become a consultant or open up your own business doing so. You can't expect someone to hand you a job. Like someone else stated, if your skills are in demand and a good communicator, you'll be fine.
And yes, I had a US job offer before arriving here.
And if you're already here as a student, well, I can't think of a better way to research the job market from within - job fairs, colleagues, etc.
Also, I don't see your point - if you're an immigrant student in Canada, there is no issue of foreign credentials. Any professional distinction earned in Canada lands you on the same footing as any citizen. So again, please stop spreading bad information.
Once again, eb2waiter, a baseless statement in "Canada is not a land of opportunity". No one owes you a living. You have to work for it. If you're such a good IT worker, become a consultant or open up your own business doing so. You can't expect someone to hand you a job. Like someone else stated, if your skills are in demand and a good communicator, you'll be fine.
And yes, I had a US job offer before arriving here.
And if you're already here as a student, well, I can't think of a better way to research the job market from within - job fairs, colleagues, etc.
Also, I don't see your point - if you're an immigrant student in Canada, there is no issue of foreign credentials. Any professional distinction earned in Canada lands you on the same footing as any citizen. So again, please stop spreading bad information.
more...
house in the Pippa Middleton Ass
dealsnet
09-04 12:37 PM
Your handle name POORslumDOG shows your charactor.
1. Why you are here. (poor)
2. It shows where you are coming from.(slum)
3. Your real charactor (animal).
you must be a educated idiot to think like this. Yesterday 1200 people died in heart attack in India and more than 15000 across the world. You mean all are because of YSR. Use your pea nut size brain man.
1. Why you are here. (poor)
2. It shows where you are coming from.(slum)
3. Your real charactor (animal).
you must be a educated idiot to think like this. Yesterday 1200 people died in heart attack in India and more than 15000 across the world. You mean all are because of YSR. Use your pea nut size brain man.
tattoo Pippa Middleton#39;s without
Ramba
06-28 06:05 PM
All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.
The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.
If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.
The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.
If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.
more...
pictures Pippa Middleton Ass
gcretroiv
10-23 01:00 PM
I guess nobody answer this even they know. Probably everybody is angry on Labor substitution
dresses #39;Pippa Middleton#39;s Ass.#39;
user1205
02-12 02:54 PM
Also keep in mind all the people with old PDs that filed 140 and 485 at the same time and are now stuck in the 140 mess. As soon as that starts clearing out there will be a lot more demand for GC. I'm afraid we'll have to wait for some more time before it moves forward.
more...
makeup Back story: Pippa Middleton#39;s
old_hat
05-03 01:33 AM
wow so many people here have intolerance for a differing opinion/view point. very petty name calling on forum or as ratings on posts. people are not open to facts or difference of opinions. and whoever is posting fu's to my posts you are basically wasting your energy. i am not going to get riled on an internet forum discussion and i would suggest you do the same. take a chill pill.
girlfriend Pippa Middleton Ass
Jungle_Cat
02-14 02:37 PM
$25 for intial consultation....If there is a solid ground to go forward,am there for this movement.
hairstyles Pippa Middleton is famous for
krishnam70
07-10 06:58 PM
yes there are numerous articles about that too. Atleast for IT folks things are ok
sanju
09-23 12:06 PM
Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.
Senator DSLStart,
At the end of your post, you forgot to say - 'I yield back the balance of my time'. What do you think this is, Senate floor, where you are proposing amendments? Laws are never drafted exactly what people tell lawmakers. The objective here is to gather attention to GC issues when they are considering proposals/ideas to resolve housing/credit crisis. Do you actually believe that this language/proposal will go as it is without any change, without anyone discussing it? In the ideal world, if you live near a Walgreens, you first create a perfect idea/proposal before sending it, and, in the real world you send out a good proposal/idea so that we do not miss the bus. Why make "the perfect" enemy of "the good". Let’s first get the word out that this is a possible viable suggestion, I am sure before deciding, they will make sure not to be unfair towards you. Turn over to MSNBC.com live and see that they are having an urgent hearing on this right now. They will decide something in next 2-3 days. Lets not argue about who has the "real" intent to make US as a permanent home. Kindly let the Senators propose amendments, and not cause delay in sending out the message, otherwise everyone will miss the bus.
Disclosure: For the record, I own a house.
Senator DSLStart,
At the end of your post, you forgot to say - 'I yield back the balance of my time'. What do you think this is, Senate floor, where you are proposing amendments? Laws are never drafted exactly what people tell lawmakers. The objective here is to gather attention to GC issues when they are considering proposals/ideas to resolve housing/credit crisis. Do you actually believe that this language/proposal will go as it is without any change, without anyone discussing it? In the ideal world, if you live near a Walgreens, you first create a perfect idea/proposal before sending it, and, in the real world you send out a good proposal/idea so that we do not miss the bus. Why make "the perfect" enemy of "the good". Let’s first get the word out that this is a possible viable suggestion, I am sure before deciding, they will make sure not to be unfair towards you. Turn over to MSNBC.com live and see that they are having an urgent hearing on this right now. They will decide something in next 2-3 days. Lets not argue about who has the "real" intent to make US as a permanent home. Kindly let the Senators propose amendments, and not cause delay in sending out the message, otherwise everyone will miss the bus.
Disclosure: For the record, I own a house.
ravise
09-15 10:51 AM
month priority date No of appr 2000 2001 2002 2003 2004 2005 2006
June-08 4/1/2004 122 2 9 18 61 30
July-08 4/1/2004 88 1 7 14 29 36
August-08 6/1/2006 261 0 3 5 19 63 103 67
Sept-08 8/1/2006 3 0 1 0 0 2
June-08 4/1/2004 122 2 9 18 61 30
July-08 4/1/2004 88 1 7 14 29 36
August-08 6/1/2006 261 0 3 5 19 63 103 67
Sept-08 8/1/2006 3 0 1 0 0 2
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