snathan
03-30 02:12 PM
What did you get from this Govt. (any ??)
What did your home get from this Govt, (any ??)
What did your City get from this Govt. (any ?/)
What did your state get from this Govt, (any ??)
Why do you want this Govt ?.
Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.
What did your home get from this Govt, (any ??)
What did your City get from this Govt. (any ?/)
What did your state get from this Govt, (any ??)
Why do you want this Govt ?.
Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.
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suresh73
04-20 10:12 AM
I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
Lasantha
12-14 05:29 PM
Yes, now that does look fair to me.
Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
1) Increase GC numbers.
2) remove per country cap
3) Remove dependents from GC numbers.
All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.
Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
1) Increase GC numbers.
2) remove per country cap
3) Remove dependents from GC numbers.
All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.
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sledge_hammer
01-14 02:52 PM
I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone. Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".
On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.
Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.
Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.
On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.
Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.
Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.
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eb3_nepa
06-28 12:54 PM
it is fine to fedex on saturday or not..Please let me know. I have to call my lawyer.
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
vdesi
01-05 02:09 PM
This is a good idea but it won't help the housing crisis or the economy. It may not be viewed as fair to change the quota simply for those with money to pay a "fee." However, buying a home can put a floor under the housing prices and support the economy.
Premium processing is the word, taught by USCIS.
Premium processing is the word, taught by USCIS.
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chanduv23
08-17 03:21 PM
This should not be a silly topic and won't be...I want to take this opportunity to bring the bigger issue here... things happen for a reason... we all need to understand that we have to make a positive out of this issue... Atleast all educated folks like us should be able to channel our wisdom to those folks who feels that they are above all... That kind of mentality should need to change in INDIA for people like SRK and politicians and lot of business tycoons.... I believe this incident is very good opportunity, one more time, once again for all those conscious folks who live here US and INDIA to make things better for life.
"snathan" do not disappoint when people disagree with you... I 100% concur with your thought process...
"chanduv23"
I like the way that you put things in a perspective called your own prism. I do agree lot of things that you say but you seem lack of very basic fundamental human touch...
World is a BEAUTIFUL PLACE... Mother EARTH is an awesome place to live... do not fall into a trap those who morons used and twisted great peoples words and made this place worse for political gains/reasons. Please do not twist/turn the great one and only Einstein words and his context is different.
My point here is "Respect should be given by that acts that you do in life...should not be given just by demand"
All I am saying is that "IN INDIA WE GOT SOOOOOOO MANY PROBLEMS TO SOLVE" why SRK cribbing about this incident... and innocent/ignorant and un educated folks going crazy over there.... instead he can do lot of better things in INDIA so that he can be recognized all over the world and given respect.
EDUCATION, EDUCATION AND EDUCATION is the only solution for all the problems in the world.
Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.
While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"
WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....
To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following
(1) People may get more demanding
(2) They may fight among themselves
(3) Some might steal from you
(4) Some might get into unethical activities
(5) Some might disrespect you and step over you
(6) They may show more respect to those who did not care for them and curse you for some silly reason.
You might find some good people who really do what you intend them to do.
Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.
Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.
"snathan" do not disappoint when people disagree with you... I 100% concur with your thought process...
"chanduv23"
I like the way that you put things in a perspective called your own prism. I do agree lot of things that you say but you seem lack of very basic fundamental human touch...
World is a BEAUTIFUL PLACE... Mother EARTH is an awesome place to live... do not fall into a trap those who morons used and twisted great peoples words and made this place worse for political gains/reasons. Please do not twist/turn the great one and only Einstein words and his context is different.
My point here is "Respect should be given by that acts that you do in life...should not be given just by demand"
All I am saying is that "IN INDIA WE GOT SOOOOOOO MANY PROBLEMS TO SOLVE" why SRK cribbing about this incident... and innocent/ignorant and un educated folks going crazy over there.... instead he can do lot of better things in INDIA so that he can be recognized all over the world and given respect.
EDUCATION, EDUCATION AND EDUCATION is the only solution for all the problems in the world.
Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.
While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"
WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....
To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following
(1) People may get more demanding
(2) They may fight among themselves
(3) Some might steal from you
(4) Some might get into unethical activities
(5) Some might disrespect you and step over you
(6) They may show more respect to those who did not care for them and curse you for some silly reason.
You might find some good people who really do what you intend them to do.
Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.
Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.
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chantu
03-30 02:48 PM
If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)
Any way I will update soon....
That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.
Any way I will update soon....
That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.
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imcdude
11-11 10:54 AM
While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.
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samay
07-14 06:37 AM
Hi,
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
NO because I-140 is essentially an employers application.
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
NO because I-140 is essentially an employers application.
more...
senthil1
06-15 11:54 PM
Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
dilipcr,
Please wake up from your dream. No matter how you want it, outsourcing won't go away.
Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).
They can do this by one of the following ways.
Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.
Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.
If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
dilipcr,
Please wake up from your dream. No matter how you want it, outsourcing won't go away.
Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).
They can do this by one of the following ways.
Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.
Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.
If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
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unitednations
02-13 12:12 PM
Forgot to mention one more thing.
They don't need to get the greencard approved before the i-94 card expires.
They only need to file the 485 within six months of expiry of the I-94 card. Once the 485 is filed then they are in a period of authorized stay.
They don't need to get the greencard approved before the i-94 card expires.
They only need to file the 485 within six months of expiry of the I-94 card. Once the 485 is filed then they are in a period of authorized stay.
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EndlessWait
10-07 06:36 PM
lets get the message to congress!
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GCOP
09-23 01:15 PM
I agree with this. Please Include Current Homeowners in the proposal, who are already contributing to economy while still waiting for the Greencard. Current Homeowners should not be be left out from the proposal.
Nixtor,
I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?
Should I promise to buy a second home? Will that put me in the category you are proposing?
Nixtor,
I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?
Should I promise to buy a second home? Will that put me in the category you are proposing?
more...
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thakurrajiv
09-24 08:27 AM
Well, here�s some more stat : Base on GC allocation of FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV(Part2).pdf ),
EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.
As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.
Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!
EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.
As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.
Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!
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_TrueFacts
09-04 02:13 AM
True_facts, you cannot denigrate dead people. I know you are coward, because you cant say what you can say with your own ID. Go to every village in AP, people are better off now than 5 years ago,that's YSR's legacy. YSR improved irrigation, infrastructure across state and percapita income in state.
Ohh yeah..he built Airports, Freeways, schools in each village!
Improved irrigation..what did he improve other than giving away free money
Infrastructure across the state: In the last 5 years, they haven't reworked existing roads..forget anything new ..No single project completed till date..but in the name of tenders he minted millions.
Per capita income..what he do to increase that?
look at the link: Ysr the Christian Terrorist Cm of Andhrapradesh (http://www.scribd.com/doc/17370754/Ysr-the-Christian-Terrorist-Cm-of-Andhrapradesh)
Ohh yeah..he built Airports, Freeways, schools in each village!
Improved irrigation..what did he improve other than giving away free money
Infrastructure across the state: In the last 5 years, they haven't reworked existing roads..forget anything new ..No single project completed till date..but in the name of tenders he minted millions.
Per capita income..what he do to increase that?
look at the link: Ysr the Christian Terrorist Cm of Andhrapradesh (http://www.scribd.com/doc/17370754/Ysr-the-Christian-Terrorist-Cm-of-Andhrapradesh)
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saketh555
09-15 06:08 PM
I guess the priority dates for EB2 will hoover around 2nd Q of 2005. I came to this assumption after seeing mass approvals of 04 applications, looks like they are cleaning all 04 applications:rolleyes:.
Can't really guess EB3, not even GOD.
Can't really guess EB3, not even GOD.
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lazycis
02-15 04:08 PM
I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.
Here is the story. DV immigrant is eligible to receive visa until fiscal year end. After the fiscal year ended, a DV immigrant is no longer eligible to receive visa.
8 USC 1154(a)(1)(I)(ii)
(II) Aliens who qualify, through random selection, for a visa under section 1153 (c) of this title shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected.
The story is different for EB immigrants. Their eligibility does not expire. That's why it's possibile to recapture numbers from the previous years.
Here is the story. DV immigrant is eligible to receive visa until fiscal year end. After the fiscal year ended, a DV immigrant is no longer eligible to receive visa.
8 USC 1154(a)(1)(I)(ii)
(II) Aliens who qualify, through random selection, for a visa under section 1153 (c) of this title shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected.
The story is different for EB immigrants. Their eligibility does not expire. That's why it's possibile to recapture numbers from the previous years.
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gc4me
07-16 02:05 PM
I-140 IS NOT PORTABLE. PD is portable.
You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.
Hello,
My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.
My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
Can someone provide some suggestion what would be good approach.
You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.
Hello,
My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.
My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
Can someone provide some suggestion what would be good approach.
unitednations
02-13 02:41 PM
Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.
For example, here is March 1999 VB
All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Employment-
Based
1st C 22JAN98 C C C
2nd C 08SEP96 08SEP97 C C
3rd C 01JAN95 08FEB96 C C
As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.
After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.
Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.
Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
For example, here is March 1999 VB
All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Employment-
Based
1st C 22JAN98 C C C
2nd C 08SEP96 08SEP97 C C
3rd C 01JAN95 08FEB96 C C
As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.
After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.
Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.
Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
alterego
12-14 04:40 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Mostly agree with you about not wanting to alienate non Indian IV members. However you need to understand that any change won, however small or large will have some winners and some losers in it. Earlier this year, when IV was pushing for 485 filing without visa numbers, it was not very comfortable for those who had already filed 485. In fact, some even cancelled their membership over that.
Some of us, who filed 485s years ago couldn't have felt good about that. In the end, the flower power campaign was done and worked, allowing 320K filers to join the 485 queue and those of us who we were floating merrily along, felt like we got hit with a tsunami.
Yet we, each and everyone of us has to learn to look at the bigger picture and not look for our individual goals to come first. When we look at the stated objectives of the organisation, everyone of us has something positive to gain from it and should contribute in our own way, just find something to add your little weight to the effort. That is the kind of spirit we need. The collective force of everyone(guided by the core leadership) is what gets things done.
In a way, it is about each individual taking some action to help himself/herself by helping the organisation. Whatever little you have done, think to yourself, if this action is multiplied by 25K what would be the outcome. Then you get a sense for our collective power.
If you gave $100, then 25K*100= $2.5 million. Now thats a warchest!
On the other hand, if all you have ever done is to come to this board and whine, then I sincerely doubt 25K people whining in private ever got a thing done. Now if 25K people were to whine to their congressman...................
If each of those 320K 485 filers in July/Aug were to add just 10 Bucks to IV, imagine the impact. One can only wish. Of course a greater burden falls on the shoulders of an enlightened few, but hopefully as more poeple find ways to contribute, things become stronger. I'm impressed by the success of the 30K funding drive.
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Mostly agree with you about not wanting to alienate non Indian IV members. However you need to understand that any change won, however small or large will have some winners and some losers in it. Earlier this year, when IV was pushing for 485 filing without visa numbers, it was not very comfortable for those who had already filed 485. In fact, some even cancelled their membership over that.
Some of us, who filed 485s years ago couldn't have felt good about that. In the end, the flower power campaign was done and worked, allowing 320K filers to join the 485 queue and those of us who we were floating merrily along, felt like we got hit with a tsunami.
Yet we, each and everyone of us has to learn to look at the bigger picture and not look for our individual goals to come first. When we look at the stated objectives of the organisation, everyone of us has something positive to gain from it and should contribute in our own way, just find something to add your little weight to the effort. That is the kind of spirit we need. The collective force of everyone(guided by the core leadership) is what gets things done.
In a way, it is about each individual taking some action to help himself/herself by helping the organisation. Whatever little you have done, think to yourself, if this action is multiplied by 25K what would be the outcome. Then you get a sense for our collective power.
If you gave $100, then 25K*100= $2.5 million. Now thats a warchest!
On the other hand, if all you have ever done is to come to this board and whine, then I sincerely doubt 25K people whining in private ever got a thing done. Now if 25K people were to whine to their congressman...................
If each of those 320K 485 filers in July/Aug were to add just 10 Bucks to IV, imagine the impact. One can only wish. Of course a greater burden falls on the shoulders of an enlightened few, but hopefully as more poeple find ways to contribute, things become stronger. I'm impressed by the success of the 30K funding drive.
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