Googler
02-15 01:49 PM
Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
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thecipher5
04-23 12:59 PM
priderock,
There is definately an element of risk and it is high in case of LC substitution. In my case, the LC said that the candidate should have MS and few years of experience and I didn't satisfy all the requirements and eventually got a query from USCIS and rejected the application.
If you can get it approved through a good lawyer like Sheela Murthy or Rajiv Khanna, then you can make a decision.
At times, USCIS doesn't allow to substitute MS degree with experience and it depends on the wording of the LC.
I'd read about this in different forums, talked to lawyers and friends.
Still, you can talk to others who've done it and then make your decision.
-- thecipher5
There is definately an element of risk and it is high in case of LC substitution. In my case, the LC said that the candidate should have MS and few years of experience and I didn't satisfy all the requirements and eventually got a query from USCIS and rejected the application.
If you can get it approved through a good lawyer like Sheela Murthy or Rajiv Khanna, then you can make a decision.
At times, USCIS doesn't allow to substitute MS degree with experience and it depends on the wording of the LC.
I'd read about this in different forums, talked to lawyers and friends.
Still, you can talk to others who've done it and then make your decision.
-- thecipher5
docp
06-03 06:04 PM
this article says and I quote:
"Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
"Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
it can not have gone to EB2 because as Mr. Oppenheimer puts it
"The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
ALso can somebody please explain this sentence as well
"He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
However a later report from USCIS says there is a drastic reductionin I 140 apps,
also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
I am totally confused. senior members please analyze
"Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
"Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
it can not have gone to EB2 because as Mr. Oppenheimer puts it
"The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
ALso can somebody please explain this sentence as well
"He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
However a later report from USCIS says there is a drastic reductionin I 140 apps,
also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
I am totally confused. senior members please analyze
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she81
07-03 06:44 PM
Dugg both.
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gc_chahiye
06-28 08:16 PM
As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.
If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.
DOS/USCIS know the truth, but going by the Ombudsman's report, they want to use up visa numbers as fast as they can. So if they have 30K applications sitting, just waiting for visa numbers, now with everything set to C, they can blindly start approving without even seeing what the date on those apps is.
Also, with EB3-ROW being 'C' they dont even need to worry about per-country limits. Just pick up the next almost-approved file, assign visa number, mail out. repeat.
If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.
DOS/USCIS know the truth, but going by the Ombudsman's report, they want to use up visa numbers as fast as they can. So if they have 30K applications sitting, just waiting for visa numbers, now with everything set to C, they can blindly start approving without even seeing what the date on those apps is.
Also, with EB3-ROW being 'C' they dont even need to worry about per-country limits. Just pick up the next almost-approved file, assign visa number, mail out. repeat.
amsgc
12-13 11:11 PM
When I get a chance, I also talk to my co-workers and friends who are citizens, especially when they say - are you a citizen yet?
Surprise! Surprise! - many of them are unaware of this racist provision and the response you usually get is "that sucks man". So, people understand. Yes American citizens see that this is an unjust law.
If we talk enough about it, who knows, maybe some policymaker will hear it from his/her constituent.
Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.
Just discussing if anything else can be done.
Surprise! Surprise! - many of them are unaware of this racist provision and the response you usually get is "that sucks man". So, people understand. Yes American citizens see that this is an unjust law.
If we talk enough about it, who knows, maybe some policymaker will hear it from his/her constituent.
Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.
Just discussing if anything else can be done.
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JunRN
02-12 07:55 PM
We are???? I am not expecting a C against all categories ever again! If anything can move the dates significantly, it is things like recapturing of unused visa numbers. Oh BTW, did you send your letter?
I am not saying "C" nor am I saying "July 2007 VB". I am talking about "June 2007 VB". It is just a matter of time when we can see the VB back to June 2007 figure again.
I can assure you that I have done my part without telling anyone. I am a silent doer.
I am not saying "C" nor am I saying "July 2007 VB". I am talking about "June 2007 VB". It is just a matter of time when we can see the VB back to June 2007 figure again.
I can assure you that I have done my part without telling anyone. I am a silent doer.
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jonty_11
06-28 05:49 PM
the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...
As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
Does someone know what date in June they started turning back EB3-Other WOrkers?
As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
Does someone know what date in June they started turning back EB3-Other WOrkers?
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tonyHK12
01-14 09:02 AM
PlainSpeak has a new sock puppet account called actaccord who has no choice but to support him/her. how many more accounts did gcperm create who don't donate ot participate?
Guys lets not waste our time on manipulative salespeople.
In cases like PlainSpeak we need a background check for free members posting more than 10 messages a day, not only charge them.
I agree this member has been inciting people to start fighting with him/her and into arguments, and playing a emotional manipulative card by pretending to be a woman. did you take acting classes at a dollar store, its so fake and cheap?
plainspeak is just trying to keep negative threads alive and incite more in-fighting.
Guys lets not waste our time on manipulative salespeople.
In cases like PlainSpeak we need a background check for free members posting more than 10 messages a day, not only charge them.
I agree this member has been inciting people to start fighting with him/her and into arguments, and playing a emotional manipulative card by pretending to be a woman. did you take acting classes at a dollar store, its so fake and cheap?
plainspeak is just trying to keep negative threads alive and incite more in-fighting.
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vagish
05-09 09:46 PM
Did you get a job in US before you came to US. Most probably not.
There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.
There are no or few body shoppers in canada because there are only a few shops :-D
For the majority this is true in US. This is what land of opportunity means.
It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.
Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.
I wont post on this thread again :)
---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---
I disagree, I have friends who are DBA's ( oracle and DB2 ) , I know he has been working for $85/hr in canada from the past five years, there are lots of insurance , financial bank in canada, and also for SAP consultants there are excellent oppurtunities in alberta ( HUB OF OIL COMPANIES ) , I know lots of people are driveing TAXI but some body with experience should not find it immposible. Another friend of mine from INDIA landed directly in toronto, with only 2 years experience in .NET , with in four months he got a job.
So again if you do ur homework, you can settle down with ease in canada.
thanks
There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.
There are no or few body shoppers in canada because there are only a few shops :-D
For the majority this is true in US. This is what land of opportunity means.
It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.
Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.
I wont post on this thread again :)
---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---
I disagree, I have friends who are DBA's ( oracle and DB2 ) , I know he has been working for $85/hr in canada from the past five years, there are lots of insurance , financial bank in canada, and also for SAP consultants there are excellent oppurtunities in alberta ( HUB OF OIL COMPANIES ) , I know lots of people are driveing TAXI but some body with experience should not find it immposible. Another friend of mine from INDIA landed directly in toronto, with only 2 years experience in .NET , with in four months he got a job.
So again if you do ur homework, you can settle down with ease in canada.
thanks
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Legal
07-25 09:13 PM
Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.
Very true. My speculation :) is most EB2-I upto mid 2006 will be cleared up and the puny new numbers will trickle to keep the PD around June 2006, or slightly earlier rather than going to 2004 or earlier.
Very true. My speculation :) is most EB2-I upto mid 2006 will be cleared up and the puny new numbers will trickle to keep the PD around June 2006, or slightly earlier rather than going to 2004 or earlier.
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h1techSlave
08-16 08:05 PM
Police treats an American celibrity like a commoner. Let us see, if the whole of the US is complaning against this.
You're Bob Dylan? NJ police want to see some ID - Yahoo! News (http://news.yahoo.com/s/ap/20090815/ap_on_en_mu/us_people_bob_dylan)
You're Bob Dylan? NJ police want to see some ID - Yahoo! News (http://news.yahoo.com/s/ap/20090815/ap_on_en_mu/us_people_bob_dylan)
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jkays94
05-10 12:56 AM
Do I have to go to a local police station and ask for FBI finger print card?
can someone in detail tell me how this finger print/background check should be done in the US?
Yes, although the State Police HQ, if nearby, might be a better choice since they routinely may do background checks for certain professions. In case your country requires your fingerprints, take 3 sets of prints on the FBI cards, two for the FBI that way incase there is an issue with any of the prints it will save you time incase of an issue. Note you can also indicate on the FBI cover letter to expedite it, which will make it take about 3 - 4 weeks.
Also note that the Canadian process requires the prints to be no more than 6 months old when submitted. If you do this after the submission is done, then it might be a good idea to wait 3 months after the acknowledgement of the reciept of the application to send in the FBI request. This will save you some time as opposed to waiting till the consulate requests. Its important to note that some applications can take up to two years and others as short at 9 months if you have everything in order. Keep this in mind when requesting the FBI check. Follow the instructions at the link below :
http://www.fbi.gov/hq/cjisd/fprequest.htm
can someone in detail tell me how this finger print/background check should be done in the US?
Yes, although the State Police HQ, if nearby, might be a better choice since they routinely may do background checks for certain professions. In case your country requires your fingerprints, take 3 sets of prints on the FBI cards, two for the FBI that way incase there is an issue with any of the prints it will save you time incase of an issue. Note you can also indicate on the FBI cover letter to expedite it, which will make it take about 3 - 4 weeks.
Also note that the Canadian process requires the prints to be no more than 6 months old when submitted. If you do this after the submission is done, then it might be a good idea to wait 3 months after the acknowledgement of the reciept of the application to send in the FBI request. This will save you some time as opposed to waiting till the consulate requests. Its important to note that some applications can take up to two years and others as short at 9 months if you have everything in order. Keep this in mind when requesting the FBI check. Follow the instructions at the link below :
http://www.fbi.gov/hq/cjisd/fprequest.htm
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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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ArkBird
04-01 02:21 AM
Please also consider the forced sacrifice country and millions of your countrymate made due to Nehru clan compared to the "sacrifice" Nehru himself made.
I really feel that you are brainwashed and immatured. Although Nehru might have made some mistakes like China war, what did India really lose in that war? And how many years since then India has had to fix the problem? You should also read about Nehru's sacrifices and his movements along side Mahatma Gandhi that earned the nation its freedom.
Now you have chosen to be a secondary citizen/ slave in america is a different matter altogether, but many back home in India are thankful they are free and independent nation.
I really feel that you are brainwashed and immatured. Although Nehru might have made some mistakes like China war, what did India really lose in that war? And how many years since then India has had to fix the problem? You should also read about Nehru's sacrifices and his movements along side Mahatma Gandhi that earned the nation its freedom.
Now you have chosen to be a secondary citizen/ slave in america is a different matter altogether, but many back home in India are thankful they are free and independent nation.
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newtoearth
05-02 03:31 PM
...
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chanduv23
08-17 01:26 PM
Most of the Bollywood movies are junk ( vulgar dances etc.) . As more and more people mature in the north, the market for stars like SRK will dwindle. I request everybody to follow classic Bengali/Mallu movies.
Does it matter? People love those movies.
Though we do see quality movies these days. the reason for junk is because the sheer number. They are high and thats why quality movies seem to look like they are few. Bollywood banks a lot on presentation of the movie and thats whjy they need to follow the "formula" which may look funny and absurd.
A lot of American movies are also crap, only few are worth watching.
Just like how everyone wants to code in Java, a lot of people want to get into the film industry and not everyone or everything is like what you want them to be.
What I say is "Lets stop junking things" Lets look at ourselves and see what we have achieved what the starts have not achieved
Does it matter? People love those movies.
Though we do see quality movies these days. the reason for junk is because the sheer number. They are high and thats why quality movies seem to look like they are few. Bollywood banks a lot on presentation of the movie and thats whjy they need to follow the "formula" which may look funny and absurd.
A lot of American movies are also crap, only few are worth watching.
Just like how everyone wants to code in Java, a lot of people want to get into the film industry and not everyone or everything is like what you want them to be.
What I say is "Lets stop junking things" Lets look at ourselves and see what we have achieved what the starts have not achieved
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Macaca
07-03 09:53 PM
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
This is an Associated Press Article. They sell articles to lot of web based media like Washington Post, New York Times, San Francisco Chronicle, CNN, etc.
The article was written yesterday and automatically appeared in all sites that subscribe to AP articles.
This is an Associated Press Article. They sell articles to lot of web based media like Washington Post, New York Times, San Francisco Chronicle, CNN, etc.
The article was written yesterday and automatically appeared in all sites that subscribe to AP articles.
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walking_dude
02-12 06:26 PM
Wake up, buddy. This is IV. Not !
Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.
Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?
It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.
Only India and China & one or two more countries will support the removal of country limit. The rest of the world will actually oppopse this move as it will have a negative impact on their processing times greatly.
There was a discussion on this on sometime ago.
Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.
Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?
It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.
Only India and China & one or two more countries will support the removal of country limit. The rest of the world will actually oppopse this move as it will have a negative impact on their processing times greatly.
There was a discussion on this on sometime ago.
vivid_bharti
09-04 10:54 AM
If Chrandrababu Naidu hadn't happened to AP, AP was like Bihar, Orrissa...Naxal hit & poor.
at0474
12-14 05:41 PM
What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries countries can?
Then the numbers get distributed among those few countries that produces required skilled labor. To some extent, I thought this is already happening!!:rolleyes:
Then the numbers get distributed among those few countries that produces required skilled labor. To some extent, I thought this is already happening!!:rolleyes:
