mr_aryan
05-01 04:09 PM
I'm not sure if you r a tamilian or not, but u defenitely sound like India's neighbour Pakistan who claim that their fellow muslims are killed in kashmir by indian solidiers and who also cliam that muslims have been opressed and want a seperate statehood just like the LTTE.
Lemme remind guyz like u, that LTTE has been responsible of killing Indian Prime minister along with many inncocent civilians & presidents, many prominent leaders, innocent civilians in srilanka.They have been labled as a terrosit organization.
Srilankan Government has been facing LTTE atrocites for many decades & now that they decided enough is enough & doing what they think is right for their country.
But some Tamilians like you who are born citizens of India or any other coutry blaming Srilankan Govt, by sympathising with terrorist organisation like LTTE just like any other terrorsit organisation in the world.
Probably you would'nt have supported LTTE if any of your family member has been killed for being prsent around an attack by LTTE on some leader.
So just think wisely before you post somethin though this is not the frum for such posts, just because u r a tamilian & some tamilians r killed in a war between LTTE & SL govt.
Lemme remind guyz like u, that LTTE has been responsible of killing Indian Prime minister along with many inncocent civilians & presidents, many prominent leaders, innocent civilians in srilanka.They have been labled as a terrosit organization.
Srilankan Government has been facing LTTE atrocites for many decades & now that they decided enough is enough & doing what they think is right for their country.
But some Tamilians like you who are born citizens of India or any other coutry blaming Srilankan Govt, by sympathising with terrorist organisation like LTTE just like any other terrorsit organisation in the world.
Probably you would'nt have supported LTTE if any of your family member has been killed for being prsent around an attack by LTTE on some leader.
So just think wisely before you post somethin though this is not the frum for such posts, just because u r a tamilian & some tamilians r killed in a war between LTTE & SL govt.
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chanduv23
02-13 10:59 PM
you cannot sue for incompetence, or the courts would be full!
Yes, this is what IV core had told us before.
But members seem to be enthuiastic about having a case, so it may not hurt to consult an Attorney for legal opinion.
Yes, this is what IV core had told us before.
But members seem to be enthuiastic about having a case, so it may not hurt to consult an Attorney for legal opinion.
unitednations
02-18 08:46 PM
As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now
Is there anybody looking at this angle for increasing GC cap/upper limit ??
This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
Is there anybody looking at this angle for increasing GC cap/upper limit ??
This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
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morchu
06-05 02:38 PM
I guess many have mentioned this before.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
more...
venetian
07-29 04:46 PM
I agree with some earlier posts that CP numbers might be low from retrogressed countries, many of my friends and acquaintances from India had dropped the plan for CP route because unlike 485, they cannot file for EAD for their spouses.
With so much uncertainty in EB GC processing, it is understandable that many would have filed filed 485 to get its benefits like EAD etc. So bottom-line is numbers for CP processing will be considerably low when compared with AOS.
With so much uncertainty in EB GC processing, it is understandable that many would have filed filed 485 to get its benefits like EAD etc. So bottom-line is numbers for CP processing will be considerably low when compared with AOS.
sunny1000
12-13 03:30 PM
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
more...
nozerd
05-11 10:21 PM
A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).
Dont know about the reapplying part. Never heard of anyone having done it.
If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).
Dont know about the reapplying part. Never heard of anyone having done it.
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newbee7
07-04 12:45 PM
Might be potential headline: USCIS betrays thousands of hopeful
more...
manderson
02-12 12:00 PM
correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
01AUG01
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
01AUG01
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cloud 9
06-12 04:11 AM
dilip (Loooooser no 1)
If you are really bright (as you claim that u graduated from best college of Rajasthan), then you should not worry about wages. Bright people always find jobs and make money irrespective of how many people are in the market.
I feel that after getting your GC you starting enjoying life and forgot to upgrade your skills. may be you came to USA after doing one month course in Java or COBOL during late 1990's.
If you are really bright (as you claim that u graduated from best college of Rajasthan), then you should not worry about wages. Bright people always find jobs and make money irrespective of how many people are in the market.
I feel that after getting your GC you starting enjoying life and forgot to upgrade your skills. may be you came to USA after doing one month course in Java or COBOL during late 1990's.
more...
mchundi
01-23 06:04 PM
I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.
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lazycis
02-14 12:48 PM
Thanks, chanduv23, I do believe in using all possible means. I sent my letter to Mr. Bush.
On the other note, there is a thread on discussing the lawsuit possibility
http://www..com/discussion-forums/i485-1/67326117/last-page/
On the other note, there is a thread on discussing the lawsuit possibility
http://www..com/discussion-forums/i485-1/67326117/last-page/
more...
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newtoearth
05-02 09:19 AM
....
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skd
10-18 03:53 PM
How long does It take to get Canandian PR
more...
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breddy2000
07-26 04:41 PM
right point to note.
Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.
AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .
One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.
Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.
AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .
One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.
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jonty_11
11-02 10:11 AM
In 1992, 1994, 1995, 1996, 1997, 1998, 1999 and, again, in 2000, Canada was ranked No.1 by the United Nations Human Development Index as the best country in the world to live. Unlike the United States and other countries, there is no quota based on either nationality or occupation. The Canadian Government's new immigration plan for the next five years and beyond is to emphasize the admission of a greater number of skilled immigrants with abilities to contribute directly to Canada's economic and social development.
The rights of Canadian Permanent Residents are almost the same as those of the Canadian citizens except a few, such as right to vote.
1. After becoming a Permanent Resident you will have the freedom to live and work anywhere in Canada.
2. You will also have the freedom to work in/with any profession/employer of your choice.
3. You may purchase/sell any property, own and operate any business anywhere in Canada.
4. A Permanent Resident becomes eligible for Canadian citizenship after living in Canada for a period of three years of the last four years prior to the date of the application for citizenship.
5. The best of all, you and your family can enjoy the benefits of free Canadian Healthcare, free primary and secondary education and subsidized post secondary education, security of unemployment insurance, old age pension, child allowance etc.
Benefits for H1B, F1 or L1 holders:
1. Unlike US work visa for a specific employer/profession a Canadian immigrant is free to work anywhere with any employer or in any profession in Canada.
2. Unlike applying for GC in US, you need not to be present in Canada or working in Canada in order to apply for permanent immigration for Canada.
3. It might take you years to get a Green Card in US, whereas you along with your spouse & dependent children can get Canadian immigration within a period of 12 to 16 months.
4. May opt to stay outside Canada for a period of 3 years in any given period of 5 years and still maintain his/her permanent residence status.
***The pass marks for federal immigration under the skilled worker category was lowered to 67 from 75 points. This is the best time to apply for immigration to Canada as this points criteria might change again any time which may render you ineligible for this opportunity.
Many fallacies in your list.
You are comparing Canadian PR with H1B. If you have US GC, you can do everything that you can do in Canada on PR.
You do not have to be in US to file Family based or EB GC/ EB GC is for future employment ideally, and you have tojoinonly after your I-485 is approved.
Oh just realized ....here is another shameless advertisement..PLEASE REMOVE THIS..
BTW folks Canada immigration process is self DOABLE..and you do not need immi lawyers like ROOT **** law grp to do that for you
The rights of Canadian Permanent Residents are almost the same as those of the Canadian citizens except a few, such as right to vote.
1. After becoming a Permanent Resident you will have the freedom to live and work anywhere in Canada.
2. You will also have the freedom to work in/with any profession/employer of your choice.
3. You may purchase/sell any property, own and operate any business anywhere in Canada.
4. A Permanent Resident becomes eligible for Canadian citizenship after living in Canada for a period of three years of the last four years prior to the date of the application for citizenship.
5. The best of all, you and your family can enjoy the benefits of free Canadian Healthcare, free primary and secondary education and subsidized post secondary education, security of unemployment insurance, old age pension, child allowance etc.
Benefits for H1B, F1 or L1 holders:
1. Unlike US work visa for a specific employer/profession a Canadian immigrant is free to work anywhere with any employer or in any profession in Canada.
2. Unlike applying for GC in US, you need not to be present in Canada or working in Canada in order to apply for permanent immigration for Canada.
3. It might take you years to get a Green Card in US, whereas you along with your spouse & dependent children can get Canadian immigration within a period of 12 to 16 months.
4. May opt to stay outside Canada for a period of 3 years in any given period of 5 years and still maintain his/her permanent residence status.
***The pass marks for federal immigration under the skilled worker category was lowered to 67 from 75 points. This is the best time to apply for immigration to Canada as this points criteria might change again any time which may render you ineligible for this opportunity.
Many fallacies in your list.
You are comparing Canadian PR with H1B. If you have US GC, you can do everything that you can do in Canada on PR.
You do not have to be in US to file Family based or EB GC/ EB GC is for future employment ideally, and you have tojoinonly after your I-485 is approved.
Oh just realized ....here is another shameless advertisement..PLEASE REMOVE THIS..
BTW folks Canada immigration process is self DOABLE..and you do not need immi lawyers like ROOT **** law grp to do that for you
more...
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lazycis
12-13 01:07 PM
Here is what the Supreme Court said:
http://supreme.justia.com/us/426/67/case.html
"The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
...
The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."
The SC concluded that the statutory discrimination within the class of aliens is permissible.
http://supreme.justia.com/us/426/67/case.html
"The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
...
The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."
The SC concluded that the statutory discrimination within the class of aliens is permissible.
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cableman
12-13 09:02 PM
I can't agree more. In fact, I don't understand how we can argue the quota cap discriminate a special group. The quota cap system is very different from the case of which a man could vote but not a woman. The quota cap system applies to every country fairly. Every foreign citizen can apply for immigration. Any country reaching the cap will have to wait for next year quota. Perhaps it is *too* fair that the system doesn't account the world population distribution. IMHO I have no doubt that this case would lose in the court and I am sure that bringing this case to the court would make EB applicants enemy to the country. In the end, what do we achieve?
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485Mbe4001
05-29 06:07 PM
I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
can somebody summarise it and make a action plan
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
can somebody summarise it and make a action plan
mallu
02-16 05:09 PM
....I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. ...
I sent an email to Attorney Greg ( http://www.visalaw.com/gsiskind.html ), may be he knows something about it.
I sent an email to Attorney Greg ( http://www.visalaw.com/gsiskind.html ), may be he knows something about it.
sumagiri
07-23 12:27 PM
Guys,
I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).
Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?
If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.
Thanks
GCWhru,
I went back and verified if there were calculations on how we got that 20K. I couldn't find one. Please point me to the source, if there is one.
As of now, All the mathematical and statistical estimations were on total EB2 usage and spill over for this year. Not on how many visas are left over or used up. Not all the spill over is left for these two months. Some or most of that spill over is already used up.
I think 20k was some guess based on number of labor filings from April 2004 to June 2006. The EB2 date move is based on USICS/DOS estimation on how many are documentarily qualified. It is important to remember that not every one with priority date before June 2006 are documentarily qualified. Some are still waiting for I-140 approval and some of them had RFEs.
Thanks
I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).
Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?
If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.
Thanks
GCWhru,
I went back and verified if there were calculations on how we got that 20K. I couldn't find one. Please point me to the source, if there is one.
As of now, All the mathematical and statistical estimations were on total EB2 usage and spill over for this year. Not on how many visas are left over or used up. Not all the spill over is left for these two months. Some or most of that spill over is already used up.
I think 20k was some guess based on number of labor filings from April 2004 to June 2006. The EB2 date move is based on USICS/DOS estimation on how many are documentarily qualified. It is important to remember that not every one with priority date before June 2006 are documentarily qualified. Some are still waiting for I-140 approval and some of them had RFEs.
Thanks
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