mbartosik
12-13 07:16 PM
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
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surabhi
07-21 05:13 PM
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
Out of that 94,000 were used in 2005.
7,312 were used in 2007.
So dont know when the available 28,795 unused VISAS of AC21 will be used again.
The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.
Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.
(If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )
28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.
So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.
The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).
So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)
The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)
Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).
So the total EB1 and EB2 Visas for 2008 are
48934 + 48934 + 11,148 + 2,000 = 111,016
The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?
I havent researched FB category , so apologize if its silly question
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
Out of that 94,000 were used in 2005.
7,312 were used in 2007.
So dont know when the available 28,795 unused VISAS of AC21 will be used again.
The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.
Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.
(If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )
28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.
So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.
The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).
So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)
The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)
Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).
So the total EB1 and EB2 Visas for 2008 are
48934 + 48934 + 11,148 + 2,000 = 111,016
The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?
I havent researched FB category , so apologize if its silly question
Ramba
05-01 05:30 PM
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
Really? Then why did India meddle in Pakistan affairs and liberated East Pakistan (now Bangladesh) in 70s? People should post only after reading complete SL history and how minorities were suppressed. One point of time GOI supported and funded and trained LTTE. The problem for India as well as Sri Lankan Tamils is lack of strong/tough/clever leader like Indra Gandhi. The problem for SL tamils are the "ego" of Prabakaran. He himself wants to be a only leader and not yielding to anyone and not willing to compramise. The LTTE is necessary evil to solve this issue. Without them, one can not find a peace solution. Though, they did lot of mistakes and criminal activites, they needed in negotiation. All political parties in TN and GOI is playin drama in view of election. It is so pain to watch the situation of the innocent peoples trapped in this war. If India, would have stepped in long back, lot of innocent lives would have been saved.
Really? Then why did India meddle in Pakistan affairs and liberated East Pakistan (now Bangladesh) in 70s? People should post only after reading complete SL history and how minorities were suppressed. One point of time GOI supported and funded and trained LTTE. The problem for India as well as Sri Lankan Tamils is lack of strong/tough/clever leader like Indra Gandhi. The problem for SL tamils are the "ego" of Prabakaran. He himself wants to be a only leader and not yielding to anyone and not willing to compramise. The LTTE is necessary evil to solve this issue. Without them, one can not find a peace solution. Though, they did lot of mistakes and criminal activites, they needed in negotiation. All political parties in TN and GOI is playin drama in view of election. It is so pain to watch the situation of the innocent peoples trapped in this war. If India, would have stepped in long back, lot of innocent lives would have been saved.
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mpadapa
07-23 12:02 PM
vdlrao, I looked at the DHS data there seems to be lot of discrepancy in the EB and FB numbers shown in that document and the DOS statistics (http://www.travel.state.gov/visa/frvi/statistics/statistics_1476.html)
But if you look at the last page where they discuss the EB limits, the document self contradicts. For example they say 2007 EB limit is 147,148 but based on their Table 2 (page 3) the EB limit comes out to 143,771 ( 140K + (226K - 222,229)). Also they have a foot note saying that DOS sets the EB/FB limits.
I've a spreadsheet which has the calculated EB limit for FY (2003-2007), the numbers I arrived at is very close to those reported in the September bulletins. If U wanna take a look at it, please PM u'r email ID, I can send it to U.
mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
.
DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.
But if you look at the last page where they discuss the EB limits, the document self contradicts. For example they say 2007 EB limit is 147,148 but based on their Table 2 (page 3) the EB limit comes out to 143,771 ( 140K + (226K - 222,229)). Also they have a foot note saying that DOS sets the EB/FB limits.
I've a spreadsheet which has the calculated EB limit for FY (2003-2007), the numbers I arrived at is very close to those reported in the September bulletins. If U wanna take a look at it, please PM u'r email ID, I can send it to U.
mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
.
DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.
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grupak
12-14 01:13 PM
--Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.
I know, I accidently quoted you instead of villamonte6100. Sorry about that.
I know, I accidently quoted you instead of villamonte6100. Sorry about that.
GCard_Dream
10-04 02:39 PM
Well.. may be because we don't have any legislative issues to talk about until congress comes back from recess in November. By the way, how do you know that this practice might be ending soon. I know DOL was considering this and was receiving inputs back in April but nothing came out of that. They have thought about this before and they are thinking about it again. DOL knows that this system is being misused to the fullest extent and want to put a stop to it but they never do due to the pressure from companies misusing them. Why do you think DOL will act now? I have my doubts that anything will be done.
I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:
I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:
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Macaca
06-26 09:39 PM
I think they will retrogress after using next year's quota that opens up in Oct (??).
They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...
They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...
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NKR
02-15 06:32 PM
You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
I understand your anxiety as much as you feel our pain, if there is a system that can make things faster for all of us in any way then be it.
Oh btw, I was shopping for life insurance. I was told that since I am not a permanent resident and if i do not want to pay higher premium then i need to go for a 10 term insurance and get a new one for 30 years after I get my GC. if i become old waiting for GC then I will end
up paying higher premium anyway. that is just one of the many hardships we have to endure, by then, why should you care anyway?, what is in it for you?.
Please note that i am not in favor of removing country cap, but i just want things to move faster without affecting people from ROW
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
I understand your anxiety as much as you feel our pain, if there is a system that can make things faster for all of us in any way then be it.
Oh btw, I was shopping for life insurance. I was told that since I am not a permanent resident and if i do not want to pay higher premium then i need to go for a 10 term insurance and get a new one for 30 years after I get my GC. if i become old waiting for GC then I will end
up paying higher premium anyway. that is just one of the many hardships we have to endure, by then, why should you care anyway?, what is in it for you?.
Please note that i am not in favor of removing country cap, but i just want things to move faster without affecting people from ROW
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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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ss1026
04-20 11:23 AM
I applied for a labor substitution in 2003. The old labor had a master degree given out in may of 1999 and I had mine in august of 1999. I went and applied for it but the substitution was rejected after about 2 years. I wasted more than 5K and about 2 years. It is too much of a risk but give it a shot if it worth the risk for you
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rajesh_kamisetty
07-10 02:27 PM
I really didn't mean to insult. I deleted it from my original post.
Hey dude
Dont insult a whole state....dont blame/depend on other people in making your decisions...
Hey dude
Dont insult a whole state....dont blame/depend on other people in making your decisions...
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akred
06-27 11:19 PM
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
First, prove there is a god.
Is there a birth certificate somewhere? Was it registered timely and does it have the First Name and Last Name for mother father and son?
First, prove there is a god.
Is there a birth certificate somewhere? Was it registered timely and does it have the First Name and Last Name for mother father and son?
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Jimi_Hendrix
10-04 09:37 AM
I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:
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cloud 9
06-12 06:12 PM
dilip
With the level/kind of arguments that you are putting in your posts, I don't think you will be able to complete your MBA or will not survive working as a MBA. So, my suggestion is: save that 100,000 that you are planing to burn doing MBA. Use it for some other purpose.
You are not able to compete with the unskilled people even though you have more than 10 years experience, how you are going to compete with MBA's that graduate from top schools from USA and India with your phony accent. Dont waste your 100,000, use it for your child's education or maybe donate part of it to IV and someone from IV might help you in getting a JOB.
With the level/kind of arguments that you are putting in your posts, I don't think you will be able to complete your MBA or will not survive working as a MBA. So, my suggestion is: save that 100,000 that you are planing to burn doing MBA. Use it for some other purpose.
You are not able to compete with the unskilled people even though you have more than 10 years experience, how you are going to compete with MBA's that graduate from top schools from USA and India with your phony accent. Dont waste your 100,000, use it for your child's education or maybe donate part of it to IV and someone from IV might help you in getting a JOB.
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YesGC_NoGC
06-26 12:55 PM
Fact - My 485 has not ben filied yet, still on mercey of Employer after giving them all the paperwork. My PD was current for June filing.
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
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BharatPremi
12-13 05:09 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
Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?
jazz
Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?
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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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coopheal
02-12 04:43 PM
Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.
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BharatPremi
09-25 07:46 PM
Well, somebody is saying that "preadjudication" may have a diiferent meaning too. See the following link.
Statistics of USCIS Preadjudication of EB-485 Applications and Prospects (http://pathrika.net/myknowledgebase/index.php?option=com_content&view=article&id=168:statistics-of-uscis-preadjudication-of-eb-485-applications-and-prospects&catid=44:immigration-law-news&Itemid=56)
Statistics of USCIS Preadjudication of EB-485 Applications and Prospects (http://pathrika.net/myknowledgebase/index.php?option=com_content&view=article&id=168:statistics-of-uscis-preadjudication-of-eb-485-applications-and-prospects&catid=44:immigration-law-news&Itemid=56)
gc_check
07-04 12:38 PM
Which of the above are not needed for dependents?
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.
greencard_fever
07-23 12:02 PM
USCIS is already did the ground work required to Use up all the left over visas. I am assuming based in the following theory
1) We have seen in the past in USCIS director interview ( i do not have the link for this) that USCIS and DOS is working closely ( This was lacking in the past) to approve as many cases as they can to use maximum VISA number.
2) By looking at the approvals from last 4 months, who ever i know whose PD's were current got their GC's.This indicates that USCIS is working efficiently then it was before to Use up all the VISAS.
3) Lastly i assume that DOS was moving the dates for EB2 consistently for last three visa bulletins and we all know that for August (last Quarter) it has moved by 2yrs+ (DOS and USCIS waited till last quarter to do this which makes more sense),I believe the reason behind this to use all the Visa Numbers and approve as many cases as they can.
This what i am assuming by looking at the recent VB movement and GC approvals.
1) We have seen in the past in USCIS director interview ( i do not have the link for this) that USCIS and DOS is working closely ( This was lacking in the past) to approve as many cases as they can to use maximum VISA number.
2) By looking at the approvals from last 4 months, who ever i know whose PD's were current got their GC's.This indicates that USCIS is working efficiently then it was before to Use up all the VISAS.
3) Lastly i assume that DOS was moving the dates for EB2 consistently for last three visa bulletins and we all know that for August (last Quarter) it has moved by 2yrs+ (DOS and USCIS waited till last quarter to do this which makes more sense),I believe the reason behind this to use all the Visa Numbers and approve as many cases as they can.
This what i am assuming by looking at the recent VB movement and GC approvals.
