oguinan
02-15 11:48 PM
ouignan,
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
I enjoyed that article, it's a great find. To be fair, it does offer both opinion and history. I do agree that the 7% limit is unfair but the answer is to increase the supply of green cards so that all qualified applicants get their green cards. The racial element is something everybody should be aware of. It's important that we all have a good understanding of the history of the immigration laws, in the united states and elsewhere. Perhaps "History of Immigration Laws" would be an interesting thread on it's own. At the very least we should add the wikipedia references that we discussed earlier into the resources section.
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
I enjoyed that article, it's a great find. To be fair, it does offer both opinion and history. I do agree that the 7% limit is unfair but the answer is to increase the supply of green cards so that all qualified applicants get their green cards. The racial element is something everybody should be aware of. It's important that we all have a good understanding of the history of the immigration laws, in the united states and elsewhere. Perhaps "History of Immigration Laws" would be an interesting thread on it's own. At the very least we should add the wikipedia references that we discussed earlier into the resources section.
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gopinathan
07-28 08:19 PM
not true fellow ex-IBO. you will be surprised as how many others are there. we (desis) have a special section for ourselves ofcourse :)
.... Unfortunately, a big number of people who are involved in this biz are Desis.
How can you ask personal questions to someone you don't know and just met? I can't comprehend it.
.... Unfortunately, a big number of people who are involved in this biz are Desis.
How can you ask personal questions to someone you don't know and just met? I can't comprehend it.
hiralal
06-05 07:01 AM
Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.
------------
I agree with bajrangbali :D ...money, dollars, gold and green cards will shower from the sky, all men will have 5 wives (add your own dreams here ..), etc etc before you see our own people (i.e. other legal immigrants) stand up for our cause. there maybe exceptions but most / many will be happy to see us leave !!!
as the famous saying goes ..you have come alone in this world ..do your work alone and don't depend or expect anything from others
------------
I agree with bajrangbali :D ...money, dollars, gold and green cards will shower from the sky, all men will have 5 wives (add your own dreams here ..), etc etc before you see our own people (i.e. other legal immigrants) stand up for our cause. there maybe exceptions but most / many will be happy to see us leave !!!
as the famous saying goes ..you have come alone in this world ..do your work alone and don't depend or expect anything from others
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mnkaushik
09-17 09:47 AM
I know that many applied on March 05 just the week before Perm was going to start through the normal process and not RIR. I remember there was a way that they could abandon that application and apply thorugh the PERM process but keep their date. I know a friend of mine who did it. All these numbers suggested above makes sense only after we pass March 05.
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andy garcia
02-12 09:30 PM
Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?
It is the law. You can try to sue congress.
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) no person shall receive any preference or priority or be discriminated against in the issuance of an IV because of the person's race, sex, nationality, place of birth, or place of residence.
(B) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of IV applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of IVs made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any FY may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
It is the law. You can try to sue congress.
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) no person shall receive any preference or priority or be discriminated against in the issuance of an IV because of the person's race, sex, nationality, place of birth, or place of residence.
(B) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of IV applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of IVs made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any FY may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
eb2_mumbai
09-28 10:48 AM
I have a few questions of guru's on this forum.
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
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PlainSpeak
01-14 12:42 PM
Good catch !!!!!!!!!!! HA....HA.......H.....AAAAAAAA !!!!!!!!!!!!!!
My friend it took it time to get the joke but you got it. I am happy for you
My friend it took it time to get the joke but you got it. I am happy for you
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snthampi
07-30 11:58 PM
Gave you green for making me laugh. I am adding step 8.
8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
:D:D:p:D Very funny. I just love this thread. For a moment we can forget about the stupid GC fiasco.
8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
:D:D:p:D Very funny. I just love this thread. For a moment we can forget about the stupid GC fiasco.
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md2003
04-28 07:06 PM
I don't believe Matthew Oh. Eventually he is going to say INS still not yet approved .
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Keeme
05-01 05:55 PM
Your statement is uncalled for, his opinion is not from people of UP or Bihar, everwhere people have different opnions, and BTW Nitish Kumar & Mayawati are any day better than Karunanidhi, Vilas Rao Deshmukh & YSR and above all they are a million times better than Maino Antonia whom the whole country voted.....
I take it back !
I take it back !
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leoindiano
08-16 08:33 AM
SRK is an idiot guys...
In his movies, he wears and promotes US brands half the time. In his stupid movies from 1999 and 2005, he wore US flag on his clothes. He got houses in London, Dubai. He presents himself indian because that sells. Dont loose sleep over this issue. He is trying to publicize his upcoming movie. Do you think he is going to stop that?
I couldnt sleep when Mumbai was burning on CNN. But, why would SRK care about that?
Salman Khan was very sensible in his comments about the issue. Salman, i will watch your next movie in theater for looking from common man perspective. I will make sure, i will not watch SRK movies in theater anymore.
In his movies, he wears and promotes US brands half the time. In his stupid movies from 1999 and 2005, he wore US flag on his clothes. He got houses in London, Dubai. He presents himself indian because that sells. Dont loose sleep over this issue. He is trying to publicize his upcoming movie. Do you think he is going to stop that?
I couldnt sleep when Mumbai was burning on CNN. But, why would SRK care about that?
Salman Khan was very sensible in his comments about the issue. Salman, i will watch your next movie in theater for looking from common man perspective. I will make sure, i will not watch SRK movies in theater anymore.
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jonty_11
06-28 05:16 PM
ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.
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sachug22
09-15 03:25 PM
Hi ocpmachine,
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
vdlrao,
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
vdlrao,
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
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deepakjain
05-29 11:04 AM
One of my friends came to US in 2002 applied for GC with PD of 2005 under EB3....looking at the situation he went back to India starting of Feb 2007...came back to US as Senior Project Manager [Virtual designation] he still does a developer work....applied for GC under EB1 in Aug 2008.....March 2009 he has got his GC.....
Yenjay Madi....I know of 7 cases who were with me 3 years back and now they have GC...
with current new fraud mantra EB1 will never spill over to EB2....soon EB1 for desis will have priority dates......
Yenjay Madi....I know of 7 cases who were with me 3 years back and now they have GC...
with current new fraud mantra EB1 will never spill over to EB2....soon EB1 for desis will have priority dates......
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DSLStart
09-23 03:39 PM
:D:D:D How do you expect them to give you a gori too?
You start looking for singles working @ uscis ;)
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
You start looking for singles working @ uscis ;)
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
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srkamath
07-23 07:03 PM
Source of information ?
From what i inferred from the text of the law,
The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.
The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.
Let me know if you agree with the above.
I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed!
Ironic isn't it? Strange is the INA.
From what i inferred from the text of the law,
The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.
The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.
Let me know if you agree with the above.
I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed!
Ironic isn't it? Strange is the INA.
more...
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bestin
02-13 05:43 AM
Agreed dude.
But the system is totally messed up and we cant have an overnight change .Even if they initiate something now by the time it gets actually implemented it shuld be more than 1 year.If nothing works out within atleast 1.5 years to 2 years this should be definitely considered.
But the system is totally messed up and we cant have an overnight change .Even if they initiate something now by the time it gets actually implemented it shuld be more than 1 year.If nothing works out within atleast 1.5 years to 2 years this should be definitely considered.
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VivekAhuja
09-29 02:07 PM
First of all for presuming that highly skilled immigrants who are waiting for GC are the only ones who can buy a house. Even 10 illegal aliens can come together and buy a house and share the mortgage.
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
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BharatPremi
12-14 12:11 PM
"The SC concluded that the statutory discrimination within the class of aliens is permissible."
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
With agreeing the central theme represented by Mark, still I am incliened to say "Yay" to your suggestion.
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
With agreeing the central theme represented by Mark, still I am incliened to say "Yay" to your suggestion.
life99f
06-27 12:25 PM
I just asked my attorney this morning. She thinks it is possible. She got a
note reagrading the EB-3 category two weeks ago...
===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007
USCIS has informed AILA Liaison that the State Dept. has advised that the EB
-3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
and the NSC to reject EB-3 Other Worker adjustment applications even though
the June Visa Bulletin shows visa availability. AILA believes this
instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
USCIS HQ. Watch InfoNet for further developments.
note reagrading the EB-3 category two weeks ago...
===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007
USCIS has informed AILA Liaison that the State Dept. has advised that the EB
-3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
and the NSC to reject EB-3 Other Worker adjustment applications even though
the June Visa Bulletin shows visa availability. AILA believes this
instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
USCIS HQ. Watch InfoNet for further developments.
ganguteli
06-02 04:05 PM
It very well depends on the lawyer .
If he could prove country quota as unconstitutional, which i feel it is.
But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,
And as you said, even if we do not win , we would for sure get some media coverage.
Why can't you find and talk to a good lawyer and spend your own money on consultation. We will know you are serious about it.
If he could prove country quota as unconstitutional, which i feel it is.
But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,
And as you said, even if we do not win , we would for sure get some media coverage.
Why can't you find and talk to a good lawyer and spend your own money on consultation. We will know you are serious about it.
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