gc_chahiye
06-27 10:46 PM
Sorry my number was wrong...
Its not 80,000 , it is 129,973.. That is also as of March 2007..
look at link http://www.shusterman.com/pdf/permstats407.pdf
8000 Indians (almost the complete 7% ANNUAL limit for I485) were PERM certified in the first quarter of fiscal 2007 (oct-dec 2006) itself! No wonder we have big backlogs for India...
An older stat, for the first year of PERM (march-05 to march-06):
http://www.murthy.com/news/n_relper.html
shows that 80K cases were filed, and of these 36K certified. Assuming of the 23K rejections 14K were appealed and then got through, that means only 50K PERM approvals in the whole year. As dates retrogress in the future, and slowly start moving again, they should hopefuly cross this march-2005 to march-2006 timeframe fairly fast... Some of these I140s would have gotten denied, some of these cases possibly abandoned (no substitution also now!), and some I485s would get caught in namechecks and what not..
Its not 80,000 , it is 129,973.. That is also as of March 2007..
look at link http://www.shusterman.com/pdf/permstats407.pdf
8000 Indians (almost the complete 7% ANNUAL limit for I485) were PERM certified in the first quarter of fiscal 2007 (oct-dec 2006) itself! No wonder we have big backlogs for India...
An older stat, for the first year of PERM (march-05 to march-06):
http://www.murthy.com/news/n_relper.html
shows that 80K cases were filed, and of these 36K certified. Assuming of the 23K rejections 14K were appealed and then got through, that means only 50K PERM approvals in the whole year. As dates retrogress in the future, and slowly start moving again, they should hopefuly cross this march-2005 to march-2006 timeframe fairly fast... Some of these I140s would have gotten denied, some of these cases possibly abandoned (no substitution also now!), and some I485s would get caught in namechecks and what not..
wallpaper Sandra Bullock and Ryan
chanduv23
06-28 08:56 PM
Maybe eb2, eb3 petitions are far less in number than "other worker" petitions. USCIS definitely has a rough idea of the number of petitions that could be filed. It may not be as bad in July, if such a situation happens it may happen in August
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
mantric
12-14 01:46 PM
many of the immigration laws that are affecting us were put in place way before the IT boom that brought most of us here. people are right that the intention behind them is not malicious. but a law set in the 1960s may turn out to have a discriminatory effect in the 2000s. circumstances change and we live in the present not in the past.
lazycis case was good at pointing out the key clause in the constitution that may help us. it's the due process clause in the 14th amendment, which extends not just to citizens.
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
http://en.wikipedia.org/wiki/Due_process_clause
"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
lazycis case argument is a case from 1975 of a case for retired people over 65 who had been in the country less than 5 years, drawing state medicare benefits.
the EB community has on other hand has a median age of 32, most have stayed here for 5-10 years at least, consists of net contributors to the US economy and has passed many educational, legal and career barriers to get here. after all this just when our careers are about to fly, many of us find our opportunities being crushed because of our nationality.
mbartosik case argument is of prisoners in gitmo. even they could challenge the court and get something better than what they had - a military tribunal vs no tribunal earlier.
are we pension drawing dependants of state, or criminals or prisoners to suffer silently for years and years like this at the prime of our lives ?
is'nt the EB community being deprived of liberty ? has the EB community received due process ?
the tipping point from influencing the lawmakers to challenging the laws in court comes when people realise that lawmakers are indifferent to their cause for whatever reason, and some way is needed to bring attention to their immediate suffering.
before we rush to say checkmate with a particular strategy, let's understand the chessboard and the moves available on it. by knowing our rights under the constitution that's all we are doing. this knowledge may be useful in influencing the lawmakers also, in raising the caps for example to reduce the discriminatory consequences of current laws.
agreed that we need an abundance of caution and we will most likely lose the case given we are arguing from a position of extreme weakness. yet the constitution does promise us due process as residents of this great land. let's think about that as well.
some precedents for legal challenges to immigration laws exist on the ACLU and Rajiv Khanna websites.
lazycis case was good at pointing out the key clause in the constitution that may help us. it's the due process clause in the 14th amendment, which extends not just to citizens.
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
http://en.wikipedia.org/wiki/Due_process_clause
"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
lazycis case argument is a case from 1975 of a case for retired people over 65 who had been in the country less than 5 years, drawing state medicare benefits.
the EB community has on other hand has a median age of 32, most have stayed here for 5-10 years at least, consists of net contributors to the US economy and has passed many educational, legal and career barriers to get here. after all this just when our careers are about to fly, many of us find our opportunities being crushed because of our nationality.
mbartosik case argument is of prisoners in gitmo. even they could challenge the court and get something better than what they had - a military tribunal vs no tribunal earlier.
are we pension drawing dependants of state, or criminals or prisoners to suffer silently for years and years like this at the prime of our lives ?
is'nt the EB community being deprived of liberty ? has the EB community received due process ?
the tipping point from influencing the lawmakers to challenging the laws in court comes when people realise that lawmakers are indifferent to their cause for whatever reason, and some way is needed to bring attention to their immediate suffering.
before we rush to say checkmate with a particular strategy, let's understand the chessboard and the moves available on it. by knowing our rights under the constitution that's all we are doing. this knowledge may be useful in influencing the lawmakers also, in raising the caps for example to reduce the discriminatory consequences of current laws.
agreed that we need an abundance of caution and we will most likely lose the case given we are arguing from a position of extreme weakness. yet the constitution does promise us due process as residents of this great land. let's think about that as well.
some precedents for legal challenges to immigration laws exist on the ACLU and Rajiv Khanna websites.
2011 Ryan Reynolds amp; Sandra Bullock
xela
02-13 02:57 PM
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by
YEs all the people I know around me are ROW EB3 and PDs 2002 and 2003 and no GC, so please stop thinking we have it so good!
With regard to the per country limit.....there is only one for the first 3 quaters and it seems like in the last couple of times in the last quater India and Chine and maybe Phillipines did end up getting more GCs than their per country limit, at least I was so informed by my lawyers.
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.
Some EU countries are doing the exact same thing by the way.
I do believe in diversity in any way and shape, and I do not stand for discrimination. I am just trying to face the reality.
I also have days when I wonder about leaving my own country which provided me with a wonderful education and how I am taking away from that country by leaving for my own success? if you don't have days when you feel guilty good for you.
take care
YEs all the people I know around me are ROW EB3 and PDs 2002 and 2003 and no GC, so please stop thinking we have it so good!
With regard to the per country limit.....there is only one for the first 3 quaters and it seems like in the last couple of times in the last quater India and Chine and maybe Phillipines did end up getting more GCs than their per country limit, at least I was so informed by my lawyers.
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.
Some EU countries are doing the exact same thing by the way.
I do believe in diversity in any way and shape, and I do not stand for discrimination. I am just trying to face the reality.
I also have days when I wonder about leaving my own country which provided me with a wonderful education and how I am taking away from that country by leaving for my own success? if you don't have days when you feel guilty good for you.
take care
more...
akred
02-15 07:26 PM
My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.
Sure it is. Check the UN definition.
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
Sure it is. Check the UN definition.
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
jonty_11
07-13 01:21 PM
mind u with bigots like tancredo winning their district every election, US is not far beind when it comes to RACISM
Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:
http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1
Canada...The Grass Isn't Greener
Outlook: Jan 25, 1999
It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...
SOHAILA CHARNALIA
"I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.
Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.
Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.
Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".
Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer.
Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.
"You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.
That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.
But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".
Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.
"What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.
While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.
The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.
Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.
'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.
Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.
"All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.
Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:
http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1
Canada...The Grass Isn't Greener
Outlook: Jan 25, 1999
It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...
SOHAILA CHARNALIA
"I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.
Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.
Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.
Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".
Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer.
Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.
"You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.
That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.
But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".
Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.
"What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.
While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.
The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.
Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.
'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.
Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.
"All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.
more...
chanduv23
07-04 08:54 AM
We need a funny, innovative, catchy, entertaining cartoon on youtube that will catch everyone's attention. Youtube seems to be the most powerful medium of communication.
This must give a strong message to the agencies who played this dirty game on immigrants
This must give a strong message to the agencies who played this dirty game on immigrants
2010 sandra bullock spread
Macaca
07-03 09:27 PM
Done.. Thanks.
Ramus and Tikka,
I did not follow the 100 page thread. It has more issues that I must have missed. Please collect them and keep checking if I missed any issues. Thanks!
Ramus and Tikka,
I did not follow the 100 page thread. It has more issues that I must have missed. Please collect them and keep checking if I missed any issues. Thanks!
more...
mantric
02-15 05:53 AM
Completely agree with Googler.
While I have sent the letter and convinced a few friends to do so let's be realistic. It is too easy for this letter campaign to be swept under the carpet of the next crisis to occupy the attention of the government. The letters may just get thrown in the garbage - whether 2000 or 20000. Nobody is answerable. Based on past history for such campaigns the chances for success are pretty low. Also this friendly govenment does not have much time left.
This is ultimately a fairness issue. There are issues of discrimination based on country of origin. Careers are stopped midtracks for nationals of particular countries. For ages. This situation is completely unnatural. If someone gets a promotion he has to go back to the beginning of the queue. Growth potential and economic contribution is retarded during career prime. And if it was'nt bad enough already, visa numbers have been wasted in huge numbers to make things worse.
Going to the courts appears to be the only way to make people confront this fairness issue, that these delays and uncertainty are affecting real lives and careers. It will reinforce any letter campaign.
People who think the current laws are fair should be reminded that it is only the consequence of the laws that matters not the intent.
Also everyone please browse through the previous I-485 lawsuit site -
http://www.immigration.com/litigation/I-485_litigation.html
If has a lot of useful information.
Note the background for that lawsuit was that a letter campaign had failed to bring results.
Just wanted to chime in to say that filing a lawsuit will only aid any campaign for admin fixes. The NC changes were done administratively but anyone who tells me that the scathing rulings from the federal courts had nothing to do with current changes is living in denial -- the recent rulings essentially shredded the legal basis for the form of these NC checks and attendant delays.
There is absolutely no reason not to pursue both options. It would be totally delicious to have USCIS testify in court and explain exactly how they f&$@-ed up badly enough to pervert congressional intent and waste approx 120K EB greencards in 2003-2004.
Write your letters (what does it take 10 min of your day), you have nothing to lose and something to gain by that. I did. But don't forget suing is the American way of justice.
While I have sent the letter and convinced a few friends to do so let's be realistic. It is too easy for this letter campaign to be swept under the carpet of the next crisis to occupy the attention of the government. The letters may just get thrown in the garbage - whether 2000 or 20000. Nobody is answerable. Based on past history for such campaigns the chances for success are pretty low. Also this friendly govenment does not have much time left.
This is ultimately a fairness issue. There are issues of discrimination based on country of origin. Careers are stopped midtracks for nationals of particular countries. For ages. This situation is completely unnatural. If someone gets a promotion he has to go back to the beginning of the queue. Growth potential and economic contribution is retarded during career prime. And if it was'nt bad enough already, visa numbers have been wasted in huge numbers to make things worse.
Going to the courts appears to be the only way to make people confront this fairness issue, that these delays and uncertainty are affecting real lives and careers. It will reinforce any letter campaign.
People who think the current laws are fair should be reminded that it is only the consequence of the laws that matters not the intent.
Also everyone please browse through the previous I-485 lawsuit site -
http://www.immigration.com/litigation/I-485_litigation.html
If has a lot of useful information.
Note the background for that lawsuit was that a letter campaign had failed to bring results.
Just wanted to chime in to say that filing a lawsuit will only aid any campaign for admin fixes. The NC changes were done administratively but anyone who tells me that the scathing rulings from the federal courts had nothing to do with current changes is living in denial -- the recent rulings essentially shredded the legal basis for the form of these NC checks and attendant delays.
There is absolutely no reason not to pursue both options. It would be totally delicious to have USCIS testify in court and explain exactly how they f&$@-ed up badly enough to pervert congressional intent and waste approx 120K EB greencards in 2003-2004.
Write your letters (what does it take 10 min of your day), you have nothing to lose and something to gain by that. I did. But don't forget suing is the American way of justice.
hair Sandra Bullock and Ryan
kondur_007
07-23 03:15 PM
Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
In other words can they change the rules for spillover once again ..say next year ?
Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
So in short, you are right: it is purely an interpretation from someone in DOS and it may change
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)
But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)
They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).
But as I said above, anything is possible with USCIS:p
Good Luck to all of us...
In other words can they change the rules for spillover once again ..say next year ?
Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
So in short, you are right: it is purely an interpretation from someone in DOS and it may change
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)
But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)
They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).
But as I said above, anything is possible with USCIS:p
Good Luck to all of us...
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ryan
08-17 01:56 PM
Why do you think he is talentless? Just because he is not an ivy league or not a doctor? He is extremely talented. .
Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.
Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.
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immique
07-16 11:20 PM
there are still atleast 20K visas left this year and atleast 85-90% of those will go to EB2 India. this should clear up a significant majority of the EB2 pending prior to 06/2006. As I mentioned before the numbers will be unavailable towards the end of September as all the visas are used up, but by this time most of the EB2 hat are current now will get their visas. the dates may go back slightly in October- probably to mid 2004 like you said, but it will not stay there for long. with all the Spill over, the dates will start moving rapidly in Nov/dec of this year itself and EB2 India will be current by this time next year. I agree wth your assertion that legislative fix is needed to increase the EB numbers and resolve the backlogs
According to there are 15 pages X 50 Eb-2 India I-485 is pending with priority date before 6/1/2006. If we assume 5% of Eb-2 India is registered with , total visas to be issued in EB-2 for India would be 19000 just upto June 1, 2006. Between June 1, 2006 to July 2007 this number simply more than double. Probably 50% of this 19000 Eb-2's may be processed upto September 30, 2008 leaving another 9500 visas compete for next year. Again 60% of Eb-2 485 is pending with NSC and 40% is pending with TSC. Therefore TSC people's share of I-485 will be more till September compared to NSC Eb-2 India.
My prediction is EB-2 India will start in October 2008 with April 2004 and in April 2009 it can go back to June 2006.
Any Legislative relief from congress will make the situation lot better.
According to there are 15 pages X 50 Eb-2 India I-485 is pending with priority date before 6/1/2006. If we assume 5% of Eb-2 India is registered with , total visas to be issued in EB-2 for India would be 19000 just upto June 1, 2006. Between June 1, 2006 to July 2007 this number simply more than double. Probably 50% of this 19000 Eb-2's may be processed upto September 30, 2008 leaving another 9500 visas compete for next year. Again 60% of Eb-2 485 is pending with NSC and 40% is pending with TSC. Therefore TSC people's share of I-485 will be more till September compared to NSC Eb-2 India.
My prediction is EB-2 India will start in October 2008 with April 2004 and in April 2009 it can go back to June 2006.
Any Legislative relief from congress will make the situation lot better.
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house January 18, 2011. Not dating .
texanguy
10-01 07:14 PM
in the next 10-20 years, US needs steady stream of educated young working population(say 25-40 yrs olds) to take care of all the commitments of social security and medicare. Babyboomers will soon outnumber the younger generations. immigration is a need for US now more than ever in the known history. employment based immigration is definitely going to increase/needs to be increased at any cost.
Democrat,republicans,obama,mccain no matter who comes to power, there are good days ahead for EB immigrants. all the trouble that we face today is a result of pandering to the nativist base of the country before election takes place. Once in power, things will change for good...
Democrat,republicans,obama,mccain no matter who comes to power, there are good days ahead for EB immigrants. all the trouble that we face today is a result of pandering to the nativist base of the country before election takes place. Once in power, things will change for good...
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ramus
06-28 05:51 PM
June 6th.
Does someone know what date in June they started turning back EB3-Other WOrkers?
Does someone know what date in June they started turning back EB3-Other WOrkers?
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pictures Sandra Bullock not dating Ryan
a.j.2048
03-27 01:04 PM
I suspect there will be better leaders from the generation born after 1947. The next rung of leadership like Mayawati, Modi, Nitish Kumar, Shivraj Chauhan are all born after independence.
dresses Ryan-reynolds-sandra-ullock-
dilipcr
06-16 02:22 PM
Guys,
Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).
So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.
I dont care if you consider me a guy taking pleasure in your plight. Remember I dont get anything out of it. I truly like your attitude to take the bull by the horns and the resolve to come out even stronger. That is the attitude that would take you a long way. Trust me and all the best.
Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).
So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.
I dont care if you consider me a guy taking pleasure in your plight. Remember I dont get anything out of it. I truly like your attitude to take the bull by the horns and the resolve to come out even stronger. That is the attitude that would take you a long way. Trust me and all the best.
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makeup Sandra Bullock is making
walking_dude
02-13 02:32 PM
Where did I say ROW need not participate?!Instead I asked ROW members to participate more actively and become a mainstream component of the movement!
Those ROW members who are part of the IV are supportive of removing country caps. They are satisfied with IVs stand that increase in numbers along with removal of country with benefit all - ROW, Indians, Chinese, Mexicans and Phillipinos. No EB immigrant will be left behind :-)
I'm thankful to every active IV member - ROW, India , China, Mexico or Phillipines who has worked for IVs cause. Those few ROW members who keep harping on the split in IV over country quotas never were/are part of the IV movement (active dedicated members). They just sit on the sidelines and create rifts.
.....
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
Those ROW members who are part of the IV are supportive of removing country caps. They are satisfied with IVs stand that increase in numbers along with removal of country with benefit all - ROW, Indians, Chinese, Mexicans and Phillipinos. No EB immigrant will be left behind :-)
I'm thankful to every active IV member - ROW, India , China, Mexico or Phillipines who has worked for IVs cause. Those few ROW members who keep harping on the split in IV over country quotas never were/are part of the IV movement (active dedicated members). They just sit on the sidelines and create rifts.
.....
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
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unseenguy
06-12 01:21 AM
If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.
He has not learnt his lesson. Let him figure out why he was laid off thrice.
He has not learnt his lesson. Let him figure out why he was laid off thrice.
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BharatPremi
12-13 02:07 PM
Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.
I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.
I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.
samay
07-28 09:18 PM
Hi,
Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.
Please advice what i could do to find out why my processing has been delayed.
Thanks,
ashish
You can call the USCIS yourself or ask your attorney to do so or make an Infopass appointment to find the status of your application.
Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.
Please advice what i could do to find out why my processing has been delayed.
Thanks,
ashish
You can call the USCIS yourself or ask your attorney to do so or make an Infopass appointment to find the status of your application.
a_yaja
07-22 01:17 PM
To a_yaja,
Thanks for your detailed story my friend. This thread is turing into a support group for Amway/Quickstar victims.
How is your experience with your childhood Amway friend. Still friends or just keeping in touch because he has the acess to the Amway database? :P
I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.
We remain good friends and agreed to disagree on Amway. Now our kids have also friends and when they grow up hopefully will continue being "friends from childhood" :-). And ofcourse - he is still a good source of Amway-ites.
Thanks for your detailed story my friend. This thread is turing into a support group for Amway/Quickstar victims.
How is your experience with your childhood Amway friend. Still friends or just keeping in touch because he has the acess to the Amway database? :P
I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.
We remain good friends and agreed to disagree on Amway. Now our kids have also friends and when they grow up hopefully will continue being "friends from childhood" :-). And ofcourse - he is still a good source of Amway-ites.