breddy2000
09-24 06:23 PM
This could be due to simple processing issues :
Filling issues (the application was filled in wrong category)
REF (delayed response to RFE)
Name-check (delayed namecheck)
Other technical issues
Medical condition
Spouse of EB2 India/China where the application is filed under wrong charageblity.
If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.
You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.
Is my assumption correct?
Filling issues (the application was filled in wrong category)
REF (delayed response to RFE)
Name-check (delayed namecheck)
Other technical issues
Medical condition
Spouse of EB2 India/China where the application is filed under wrong charageblity.
If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.
You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.
Is my assumption correct?
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TeddyKoochu
09-17 03:23 PM
I wish the statement is true.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.
Pineapple
12-14 03:37 PM
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
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blacktongue
01-14 10:11 AM
He was member 2006 onward. Did nothing. Wasted time.
Yes i am a meber since 2006 and yes helping others does not just mean be an IV DONOR and volunteer. Helping others can be done is other ways also
You helped others not helping them do nothing. First help yourself by being EB2. Then try EB1.
Yes i am a meber since 2006 and yes helping others does not just mean be an IV DONOR and volunteer. Helping others can be done is other ways also
You helped others not helping them do nothing. First help yourself by being EB2. Then try EB1.
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rajsenthil
05-03 06:46 AM
Here Some Arava became Sherlock Holmes II
Unfortunately its a flop show.. I pity you dude..
If you are not Sinhalese then you must be SAROJA DEVI :D
I could guess this from one of your post :cool:
Unfortunately its a flop show.. I pity you dude..
If you are not Sinhalese then you must be SAROJA DEVI :D
I could guess this from one of your post :cool:
rajsenthil
09-04 11:52 AM
-TrueFactsis an IV insider. Otherwise how he know the real name of the person.
Now this is turning out interesting. I checked "vadicherla" profile and could not see his full name "Jayapaul Reddy Vadicherla".
So it proves that "-TrueFacts" is an insider. A very cunning insider indeed.
Shame on you _TrueFacts.
IV and other insider, can you reveal the true identity of this insider?
Now this is turning out interesting. I checked "vadicherla" profile and could not see his full name "Jayapaul Reddy Vadicherla".
So it proves that "-TrueFacts" is an insider. A very cunning insider indeed.
Shame on you _TrueFacts.
IV and other insider, can you reveal the true identity of this insider?
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Marphad
04-20 02:08 PM
GCKaMaara is right, different people operate at different IQ level.
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
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hopefulgc
02-13 05:27 PM
With that recapture ... how nice would it be to see the PD date for EB3 china in Jan 2008 and that for Eb3 India in Dec 2007
This can all happen if we take the stand.
Otherwise, we can all see our hairs gryaing with PDs in 2001 and 2002.
See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
This can all happen if we take the stand.
Otherwise, we can all see our hairs gryaing with PDs in 2001 and 2002.
See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
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kshitijnt
03-30 06:56 AM
Agreed but consider the other options. Lalu? Mulayam?? Mayawati???
I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(
Laloos performance as railway minister is amazing. He can make a good PM. Anyday better than Rahul baba.
I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(
Laloos performance as railway minister is amazing. He can make a good PM. Anyday better than Rahul baba.
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logiclife
02-12 09:04 PM
Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.
That is an apples to dinosaur analogy.
The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.
Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.
Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.
The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.
Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.
But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.
That is an apples to dinosaur analogy.
The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.
Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.
Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.
The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.
Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.
But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.
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rahulpaper
06-26 01:39 PM
Read in the middle of the page....
"Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"
Hope this help
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
"Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"
Hope this help
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
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onemoredesi
05-19 01:12 PM
Thx for the info.. knowDOL. Could you pls suggest me where you found that information (reg EB3 not coming under the cap).
Also, I have not received my 45 day letter so far.. don't know how long it is going to take..
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
Also, I have not received my 45 day letter so far.. don't know how long it is going to take..
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
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PlainSpeak
01-13 03:12 PM
I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.
Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.
Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.
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vikki76
01-13 06:02 PM
That seems to be the intention here..
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viva
01-29 02:51 AM
pappu- i got the message. sorry, if i became overzealous. just wanted to help iv...
i will not raise any more questions asking non-contributing members to contribute.
go iv .....go core team!
i will not raise any more questions asking non-contributing members to contribute.
go iv .....go core team!
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krishmunn
06-15 01:17 PM
What is your solution to remove retrogession. Recapture bill may fetch you gc but not for all persons and after 1 or 2 years again backlog will increase to similar level. Permanent solution will be increase annual gc numbers and restrict H1b and L1 based on requirement. You are not going to get unlimited GC numbers any time but L1 numbers are unlimited(about 80k in 2007) and H1b numbers were 125K in 2007. In this situation if there is annual cap retrogession is going to become worse if atleast 50% of H1bs apply for GC every year.
This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.
"H1B numbers were 125K in 2007"
Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)
The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .
Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).
This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.
"H1B numbers were 125K in 2007"
Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)
The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .
Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).
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JazzByTheBay
12-13 04:34 PM
If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??
jazz
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
jazz
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
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Jerrome
05-11 04:45 PM
This is totally correct!!!
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf
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furiouspride
07-21 03:28 PM
found this :D pretty much sums it up.
http://praveensg.com/wp-content/uploads/2009/06/amway.jpg
http://praveensg.com/wp-content/uploads/2009/06/amway.jpg
chanduv23
02-13 11:50 AM
We have three now and atleast 8 who supported this issue on the thread
I would be the happiest person seeing this :)
Lets add a poll - we want honest takers on this poll.
Thread starter - please post a poll
I would be the happiest person seeing this :)
Lets add a poll - we want honest takers on this poll.
Thread starter - please post a poll
Ramba
03-31 08:47 PM
Even Muslims in Gujarat have started realizing congress is good for nothing.Congress just makes promises that it never keeps up.Uses opportunistic politics.well of course you create opportunities that are helpful to people which will bring prosperity along with awareness.Increased awareness among masses means end to dynastic rule.So why keep up promises and shoot your self right?
On the other hand Modi who doesn't even need Muslim votes in Gujarat has worked for overall development. In terms of this Imam from Gujarat;
'Seeing him work for two or three years after the riots, Muslims too felt they had an opportunity to prosper in the peaceful environment that Modi government was creating. He has provided an atmosphere which is conducive for those who want to trade peacefully in Gujarat. Therefore, intelligent Muslims supported BJP during 2007 Assembly polls'
Apparently there this group called ,'Tablighis ' who have foreign funding ( which was of course was checked by Modi govt) working towards keeping the hatred alive.It's anybody's guess who benefits from such hatred apart from congress party.
This guy also says:
'But let me tell you, projection of 2002 riots was much more grave than the situation actually was. '
But you know congress party that orchestrated sikh riots went to form govt ,Rajiv Gandhi speaking about sikh riots said 'When a banyan tree falls earth will shake' then he went to be country's PM indulging in all kinds of scams.Now his wife,children are holding offices.Congress party guys directly involved in the attacks also keep getting party tickets.That OK?
Agree hard work,entrepreneurship and other such qualities are in gujaratis's blood.Intersting how until Modi that time of prosperity never came.
Most of Telugu people are in I.T , but time for Hyd to get onto International map didn't come until CBN.Again during the current Congress regime in Hyd that time kind of took back step.
Name of that time is good governance.
I am not defending any party or person. Everybody is equally bad. Let, all the Muslims in Gujarat may start love him, and entire Gujarat may vote for him. That does not matter. My point is that those people who run for high office should not have any criminal background, despite how much qualified or skilled they are. Assume, if you involved in small domestic violence, and if you fail in small background check you will not get GC even if you are a Nobel Prize winner. Think about PM post and its responsibilities.
On the other hand Modi who doesn't even need Muslim votes in Gujarat has worked for overall development. In terms of this Imam from Gujarat;
'Seeing him work for two or three years after the riots, Muslims too felt they had an opportunity to prosper in the peaceful environment that Modi government was creating. He has provided an atmosphere which is conducive for those who want to trade peacefully in Gujarat. Therefore, intelligent Muslims supported BJP during 2007 Assembly polls'
Apparently there this group called ,'Tablighis ' who have foreign funding ( which was of course was checked by Modi govt) working towards keeping the hatred alive.It's anybody's guess who benefits from such hatred apart from congress party.
This guy also says:
'But let me tell you, projection of 2002 riots was much more grave than the situation actually was. '
But you know congress party that orchestrated sikh riots went to form govt ,Rajiv Gandhi speaking about sikh riots said 'When a banyan tree falls earth will shake' then he went to be country's PM indulging in all kinds of scams.Now his wife,children are holding offices.Congress party guys directly involved in the attacks also keep getting party tickets.That OK?
Agree hard work,entrepreneurship and other such qualities are in gujaratis's blood.Intersting how until Modi that time of prosperity never came.
Most of Telugu people are in I.T , but time for Hyd to get onto International map didn't come until CBN.Again during the current Congress regime in Hyd that time kind of took back step.
Name of that time is good governance.
I am not defending any party or person. Everybody is equally bad. Let, all the Muslims in Gujarat may start love him, and entire Gujarat may vote for him. That does not matter. My point is that those people who run for high office should not have any criminal background, despite how much qualified or skilled they are. Assume, if you involved in small domestic violence, and if you fail in small background check you will not get GC even if you are a Nobel Prize winner. Think about PM post and its responsibilities.
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