Pineapple
12-14 03:37 PM
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
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vdlrao
07-18 08:19 PM
this is not correct. ROW continues to get preference.
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
Hi Paskal,
We dont have any official source of available visas for EB2 India as of now.
But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.
We need your inputs as well, on this calculation of estimated visas for EB2 India.
.................................................. ...
Originally Posted by sumagiri :
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
Hi Paskal,
We dont have any official source of available visas for EB2 India as of now.
But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.
We need your inputs as well, on this calculation of estimated visas for EB2 India.
.................................................. ...
Originally Posted by sumagiri :
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7
BharatPremi
09-24 04:54 PM
Not sure what you are talking about. There are two rules as follows
28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
/\ my answers
28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
/\ my answers
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voldemar
06-26 09:23 PM
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Logicfile, here is my understanding:
Oh Law firm said :
------------------
06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007
* This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action. Hmm............................................... .................................................. ...............?!................................. .................................................. ................................................!?
06
----------------------------
The link as usual http://www.immigration-law.com/Canada.html
The source for that is AILA EB-3 Other Worker Visa Availability Update (http://www.aila.org/content/default.aspx?docid=22671)I don't have access to original AILA document.
Logicfile, here is my understanding:
Oh Law firm said :
------------------
06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007
* This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action. Hmm............................................... .................................................. ...............?!................................. .................................................. ................................................!?
06
----------------------------
The link as usual http://www.immigration-law.com/Canada.html
The source for that is AILA EB-3 Other Worker Visa Availability Update (http://www.aila.org/content/default.aspx?docid=22671)I don't have access to original AILA document.
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_TrueFacts
09-04 12:49 PM
Just one quick question�?
If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?
Facts:
Hope you got the point here.
Sreedhar,
I agree with your comments.
In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,
Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.
There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.
If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?
Facts:
Hope you got the point here.
Sreedhar,
I agree with your comments.
In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,
Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.
There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.
sobyb
05-02 12:55 AM
I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.
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new_horizon
03-27 02:08 PM
I cannot think of any one good leader left in india. not one who can rise above self-interest and narrow mentality. Can you imagine any one of the so called leaders that was mentioned in this list leading the nation, and not be a laughing stock? remember deva gowda at davos...made a mockery of India there. Mayawati/modi, etc. what kind of leadership qualities (international affairs/finance/etc) do they have? the only kind of experience they have is gundaism, and creating conflicts with caste, culture and religion.
I wish most of the current class of leaders were erased, and a new class of leaders were brought in. Sadly that'll never happen with the kind of democratic setup we have. in the name of representation, we are debarring intellects, and people with broad vision from joining politics.
I wish most of the current class of leaders were erased, and a new class of leaders were brought in. Sadly that'll never happen with the kind of democratic setup we have. in the name of representation, we are debarring intellects, and people with broad vision from joining politics.
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gc_on_demand
09-24 12:44 PM
Done !!
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jsb
06-04 12:57 PM
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
I just used the term Interim GC to convey the idea, it could be named anything. It could also be mere letter "...your application for AOS has been approved....formal card will be issued when visa number becomes available". EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC (or whatever it should be called) may provide all rights of a GC holder, awaiting final count in the legal register of permanent residents (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, marriage certificates, etc. should be asked. It should reduce burden on USCIS too. They have to keep on checking again and again on validity of everything we write in our application.
I just used the term Interim GC to convey the idea, it could be named anything. It could also be mere letter "...your application for AOS has been approved....formal card will be issued when visa number becomes available". EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC (or whatever it should be called) may provide all rights of a GC holder, awaiting final count in the legal register of permanent residents (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, marriage certificates, etc. should be asked. It should reduce burden on USCIS too. They have to keep on checking again and again on validity of everything we write in our application.
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amar123
07-03 11:18 PM
http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)
Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.
Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully, comments not 2 frustrated or impolite. Remember we claim to be legal immigrants,lets show some refinement and class :)
Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.
Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully, comments not 2 frustrated or impolite. Remember we claim to be legal immigrants,lets show some refinement and class :)
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harikris
06-01 09:38 PM
Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.
No. We are not big enough to come under the radar.
But Indians that are citizens of US are a size-able chunk. If they demand action, then the politicians might be obligated to server their citizens.
No. We are not big enough to come under the radar.
But Indians that are citizens of US are a size-able chunk. If they demand action, then the politicians might be obligated to server their citizens.
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Jungle_Cat
02-14 02:37 PM
$25 for intial consultation....If there is a solid ground to go forward,am there for this movement.
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snathan
03-30 05:47 PM
In my opinion MMS may be a nice person and may be a good economist, but it wasn't him who was running the govt. and it will not be him if he comes back again. It is a very common practice in India, a chemist will run a chemist shop but the License is in somebody else's name. Here also same thing happened, you saw Manmohan Singh on PM's chair, but it was somebody else who was running the show, and it is deception & dishonesty to your voters. I always see a "Culprit" in his eyes, which is either hiding something or is guilty. Observe him on TV, he's mostly not making too much eye contact, he know he is guilty of deception....
He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet.
Can you tell me how many politician making eye contact in India.
He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet.
Can you tell me how many politician making eye contact in India.
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hiralal
06-04 09:19 PM
now that we have 13 pages of discussion ..can we agree on something and start small campaigns atleast ???
that way we can generate more interest in IV.
we can do something indirect too ..such as contacting your realtors ..show interest in buying and then back off ..the advantage in this (if large number of people take part and each contact 4-5 realtors) ..then we will have someone else lobbying for us (rather than ourselves beating our own drum)
if someone has better idea then we can go for that too
that way we can generate more interest in IV.
we can do something indirect too ..such as contacting your realtors ..show interest in buying and then back off ..the advantage in this (if large number of people take part and each contact 4-5 realtors) ..then we will have someone else lobbying for us (rather than ourselves beating our own drum)
if someone has better idea then we can go for that too
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AirWaterandGC
07-11 06:07 PM
Would you be knowing if it is possible to apply for PR again once the PR expires ? Or when the PR isclose to expiration ? Thanks for your help.
I have lived in Canada for 15 years, immigration system is healthy and fast enough for my family to come over. My friend who has a Master degree used to work for Xerox, quit his job go back to Canada. After 3 months he found a professional job. Personally I havent encountered such thing as discrimation or no jobs situation as serious as it mentioned on the web site.
Talking about discrimation, dont tell me you havent been discriminated from your company in the certain degree...
I have lived in Canada for 15 years, immigration system is healthy and fast enough for my family to come over. My friend who has a Master degree used to work for Xerox, quit his job go back to Canada. After 3 months he found a professional job. Personally I havent encountered such thing as discrimation or no jobs situation as serious as it mentioned on the web site.
Talking about discrimation, dont tell me you havent been discriminated from your company in the certain degree...
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gcretroiv
10-23 01:00 PM
I guess nobody answer this even they know. Probably everybody is angry on Labor substitution
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Rb_newsletter
08-15 03:51 PM
What did the officer do wrong if the name matched.
Do you know there is a CNN reporter who is a white guy and his name matched with some name on the security check list and the guy was harassed multiple times on different airports within USA.
If a known person in USA can get such treatment, SRK IS NOTHING.
SRK Fans think the is someone special!
Your argument sounds like "Yes we do harass our own people here. So there is nothing wrong in harassing other country people"
Do you know there is a CNN reporter who is a white guy and his name matched with some name on the security check list and the guy was harassed multiple times on different airports within USA.
If a known person in USA can get such treatment, SRK IS NOTHING.
SRK Fans think the is someone special!
Your argument sounds like "Yes we do harass our own people here. So there is nothing wrong in harassing other country people"
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Macaca
01-28 07:35 AM
http://classifieds.sulekha.com/clad.aspx?cid=1493579&nma=BOM
I did not understand the meaning of this add. Please explain. Thanks!
I did not understand the meaning of this add. Please explain. Thanks!
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gcvision2010
09-03 10:57 AM
May his soul rest in Peace!
cps060
03-20 06:49 AM
Once the three years pass, is it possible to re-apply for the PR card again ?
Also if the entire 5 years pass & someone's PR expires, can he/she re-apply for PR ? If so, are all steps like Police check etc to be done again ?
Also if the entire 5 years pass & someone's PR expires, can he/she re-apply for PR ? If so, are all steps like Police check etc to be done again ?
ArkBird
04-01 02:56 AM
Here are some of the debacle of Nehru. Some are STILL hunting us and world today.
1. Choosing self over country (see "Sardar" movie for more details. All of congress wanted Sardar Patel as PM but Nehru insisted on him being PM. Can you imagine country today if Sardar Patel would have been the first PM of India?)
2. His promise to hold public referendum in J&K under UN. Why should we invite UN for our internal matter?? Specially when the king of Kashmir has signed union with India himself.
3. 1962 debacle. Though may not be a big deal to some people, it gave unrepairable scare which will hunt us and our army for decades to come.
It is true everyone has made some sacrifices but consider if India were not a free country and if Nehru and others like Mahatma Gandhi didn't dedicate themselves to the cause of nation then would we be better off today? We failed to carry the torch left by them for us.
Has anyone asked them to vote for Nehru dynasty after the blunders? Didnt anyone see it coming? Building society is everyone's responsibility. Not just Nehru or his children's.
This is like saying we wasted one spot in Indian cricket team on Sachin Tendulkar when he scored 0 in some matches or didnt win a match for India.
It is team work and collective responsibility that will make this country prosper. Blaming some person by saying all his fault and we are here because he screwed us is not the right thing to do. It just finds a scapegoat and does not solve the problem. We should learn from the mistakes the country has made and learn from them and move forward.
1. Choosing self over country (see "Sardar" movie for more details. All of congress wanted Sardar Patel as PM but Nehru insisted on him being PM. Can you imagine country today if Sardar Patel would have been the first PM of India?)
2. His promise to hold public referendum in J&K under UN. Why should we invite UN for our internal matter?? Specially when the king of Kashmir has signed union with India himself.
3. 1962 debacle. Though may not be a big deal to some people, it gave unrepairable scare which will hunt us and our army for decades to come.
It is true everyone has made some sacrifices but consider if India were not a free country and if Nehru and others like Mahatma Gandhi didn't dedicate themselves to the cause of nation then would we be better off today? We failed to carry the torch left by them for us.
Has anyone asked them to vote for Nehru dynasty after the blunders? Didnt anyone see it coming? Building society is everyone's responsibility. Not just Nehru or his children's.
This is like saying we wasted one spot in Indian cricket team on Sachin Tendulkar when he scored 0 in some matches or didnt win a match for India.
It is team work and collective responsibility that will make this country prosper. Blaming some person by saying all his fault and we are here because he screwed us is not the right thing to do. It just finds a scapegoat and does not solve the problem. We should learn from the mistakes the country has made and learn from them and move forward.
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