psaxena
01-14 02:07 PM
These rules has always been and so are they right now. Nothing is new in the memorandum. Some one publishes and one points and makes a comment and everyone else like a herd of sheep starts panicking...
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
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rahulpaper
06-28 04:58 PM
In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exhausted..it wasnt USCIS directly jumping to conclusions.
my 2 cents..
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
my 2 cents..
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
tdasara
01-28 12:24 AM
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Picasa
07-27 03:58 PM
Did he run away with tail between his legs.
Kishmunn .... you take the bull by the horns.
Kishmunn .... you take the bull by the horns.
more...
krish2005
01-14 03:03 PM
I was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(
eb3_nepa
06-28 09:17 AM
http://www.shusterman.com/pdf/aila-cis-vb.pdf
Karthik
Excellent link. Good research by Macaca and logiclife.
A couple more things guys:
1) Matthew Oh has been known in the past to be a BIT of a sensationalist. Remember this past weekend and his scare regarding the yanking away of AC-21 provisions for I-485 filers? So lets take whatever he says with a PINCH OF SALT! ;)
2) Let us please stop these messages about how Jesus and the saints would get their GCs processed. It may very well be offensive to some of the Christian members and to some Americans reading the forums.
Karthik
Excellent link. Good research by Macaca and logiclife.
A couple more things guys:
1) Matthew Oh has been known in the past to be a BIT of a sensationalist. Remember this past weekend and his scare regarding the yanking away of AC-21 provisions for I-485 filers? So lets take whatever he says with a PINCH OF SALT! ;)
2) Let us please stop these messages about how Jesus and the saints would get their GCs processed. It may very well be offensive to some of the Christian members and to some Americans reading the forums.
more...
snram4
01-22 04:05 PM
No need to regret. There are plenty of opportunities in India for right people. Salary is on par with USA.
I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!
I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!
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amitga
08-15 04:59 PM
There is different view to the whole story:
washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/08/15/AR2009081501595.html)
Meghnad Desai , an Indian-born economist, a member of Britain's House of Lords and the author of books on Indian cinema and globalization, joked in an interview in New Delhi that the whole thing seemed like a publicity stunt for the new film.
"The U.S. government was an inadvertent accomplice to 20th Century Fox, which is investing millions in this movie," he said, chuckling, referring to a joint venture between Hollywood and Bollywood to distribute the film. "This was a no-no for India-U.S. relations. Anyhow, there will be no bigger story in India tomorrow. Or maybe for the next few days."
read more at : http://www.washingtonpost.com/wp-dyn/content/article/2009/08/15/AR2009081501595.html
washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/08/15/AR2009081501595.html)
Meghnad Desai , an Indian-born economist, a member of Britain's House of Lords and the author of books on Indian cinema and globalization, joked in an interview in New Delhi that the whole thing seemed like a publicity stunt for the new film.
"The U.S. government was an inadvertent accomplice to 20th Century Fox, which is investing millions in this movie," he said, chuckling, referring to a joint venture between Hollywood and Bollywood to distribute the film. "This was a no-no for India-U.S. relations. Anyhow, there will be no bigger story in India tomorrow. Or maybe for the next few days."
read more at : http://www.washingtonpost.com/wp-dyn/content/article/2009/08/15/AR2009081501595.html
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maximus777
06-15 12:13 PM
The original post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
Amen to that.
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
Amen to that.
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dealsnet
09-03 11:37 PM
We cannot judge when some one who is no more. No court will punish any one after death. If he is bad, he will face the final JUDGEMENT with every one.
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
more...
walking_dude
02-13 11:33 AM
Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).
Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
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vivid_bharti
09-04 10:54 AM
If Chrandrababu Naidu hadn't happened to AP, AP was like Bihar, Orrissa...Naxal hit & poor.
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Munna Bhai
02-15 11:49 AM
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
Follow what Bestia says. What Bestia meant is that, you should send your personnal cheques so that you can track it. Yes, there are good chances of AOS approval because that is normal thing, unless you are out-of-status or if your employer is in black list. No one knows how long it will take to get a GC but do look for other options like EAD etc.
Hope this helps. Ask as many questions as you have, we will do our best to answer.
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
Follow what Bestia says. What Bestia meant is that, you should send your personnal cheques so that you can track it. Yes, there are good chances of AOS approval because that is normal thing, unless you are out-of-status or if your employer is in black list. No one knows how long it will take to get a GC but do look for other options like EAD etc.
Hope this helps. Ask as many questions as you have, we will do our best to answer.
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chanduv23
09-04 10:09 AM
Corruption, particularly in India, is like a software, which only gets better with every release. YSR took the corruption to a level unknown till now, I bet he'd put lalloo to shame. What development are you talking about. Don't you hear increase in inflation, or farmers suicide or land grabbing. If you haven't visited Hyderabad recently, you better do it soon, else by the time you visit next time you won't see hussain saagar, but a few multiplxes or luxury homes instead. I'm sure in the next release (read CB Naidu becoming CM), he might take it to a whole new level.
THE DOMINATING EVIL OF BLACK MONEY.
In the case of India, recent estimates of INDIAN (BLACK) MONEY outside India (in Countries like SWITZERLAND, )reached Rs.7.5 Million Crores (About US$1,500 Billion). Laying hands on this (Black) money is not in the power of the Indian Government.
Black Money circulating inside India appears to be no lesser in quantity than the outside component mentioned above.
Black money and corruption that can spread into the hitherto respected institutions like Judiciary, the Army, and the Bureaucracy in India may, one day, by moral degradation lead to a failed state. Black Money lends free access to the Criminal, Antinational, and Antisocial elements going beyond the control of the laws in place.
To-day�s civilized world has accepted the phenomenon of hiding money in Swiss Banks as �NOT ILLEGAL� obviously because the CREAM OF SOCIETY in the world owns that money. ��..
Government of India is not able to help honest, sincere tax payers particularly middle class families in the matter of providing quality Education, Healthcare for their families at reasonable cost. Education and Medical have become Biggest Money spinning businesses in India now. One has to shell out Rs. 30 to 50 Lakhs for a MBBS seat and about Rs. 5 to Rs.10 Lakhs for an Engineering seat in good colleges. How can middle class people can pay this money?. They are deprived of good education though, they pay taxes honestly and sincerely to government. It is really unfortunate. For people who have block money, these things do not matter
If you have to do business in India, IN ADDITION TO ALL THE OFFICIAL TAXES MENTIONED, LOT OF BRIBES ARE TO BE GIVEN ALMOST TO EVERY DEPARTMENT IN CITY (CORPORATION), STATE (PROVINCE), AND ALSO CENTRAL GOVERNMENTS. Some examples are: Police, Municipal officials, Electricity depat.officials, weights& measures inspector, Rowdies & Goondas, Political contributions, Subscriptions/Donations to RELIGIOUS GURUS ETC.
ALL MOST ALL THE CORRUPT OFFICIALS ARE CALLLED "PARTNERS IN BUSINESS WITHOUT CAPITAL AND COMMITMENT BUT FORCEBLY TAKE A PART OF PROFITS OF BUSINESS".
"CORRUPTION IS A WAY OF LIFE IN BUSINESS"
If you have to run a big company, you have to bribe many more officials. For some type of officials, WHO DO NOT TAKE CASH AS BRIBE, "GIFTS" ARE BEING GIVEN (GOLD, DRY FRUITS, VEHICLE DROPS, GUEST HOUSES ETC.) ON VARIOUS OCCATIONS, FESTIVALS ETC. ANY THING CAN BE DONE EVEN IN TIRUMALA TEMPLE, EDUCAIONAL INSTITUTIONS, MEDICAL PROFESSION WHICH ARE CONSIDERED TO BE HOLY PROFESSIONS.
THE AMOUNT TO BE GIVEN AS "BRIBE" IN BURIAL YARD(S) IN INDIA, WHEN A PERSON DIE, FOR BURNING THE BODY, FOR GETTING DEATH CERTIFICATE, (THESE ARE IN ADDITION TO OFFICIAL FEES PAID TO MUNICIPALIIES FOR BURNING THE BODY FOR FIRE WOOD ETC.). The amount to be spend after death in India now comes to Lakhs of Rupees for doing all types of cermonies, merging ashes in Ganga at Varanasi and other holy places, giving gifts/charities to pandits, giving advertisements in newspapers, arranging feasts BHOJANALU to thousands of people (so called relatives), friends. This is in addition to LARGE SUMS OF MONEY PAID TO DOCTORS FOR SO CALLED CURING OF SICKNESS.
In many cases, many middle class people becomes BEGGERS/PAUPERS after getting into hospitals, nursing homes etc. just before dyeing.
THE DOMINATING EVIL OF BLACK MONEY.
In the case of India, recent estimates of INDIAN (BLACK) MONEY outside India (in Countries like SWITZERLAND, )reached Rs.7.5 Million Crores (About US$1,500 Billion). Laying hands on this (Black) money is not in the power of the Indian Government.
Black Money circulating inside India appears to be no lesser in quantity than the outside component mentioned above.
Black money and corruption that can spread into the hitherto respected institutions like Judiciary, the Army, and the Bureaucracy in India may, one day, by moral degradation lead to a failed state. Black Money lends free access to the Criminal, Antinational, and Antisocial elements going beyond the control of the laws in place.
To-day�s civilized world has accepted the phenomenon of hiding money in Swiss Banks as �NOT ILLEGAL� obviously because the CREAM OF SOCIETY in the world owns that money. ��..
Government of India is not able to help honest, sincere tax payers particularly middle class families in the matter of providing quality Education, Healthcare for their families at reasonable cost. Education and Medical have become Biggest Money spinning businesses in India now. One has to shell out Rs. 30 to 50 Lakhs for a MBBS seat and about Rs. 5 to Rs.10 Lakhs for an Engineering seat in good colleges. How can middle class people can pay this money?. They are deprived of good education though, they pay taxes honestly and sincerely to government. It is really unfortunate. For people who have block money, these things do not matter
If you have to do business in India, IN ADDITION TO ALL THE OFFICIAL TAXES MENTIONED, LOT OF BRIBES ARE TO BE GIVEN ALMOST TO EVERY DEPARTMENT IN CITY (CORPORATION), STATE (PROVINCE), AND ALSO CENTRAL GOVERNMENTS. Some examples are: Police, Municipal officials, Electricity depat.officials, weights& measures inspector, Rowdies & Goondas, Political contributions, Subscriptions/Donations to RELIGIOUS GURUS ETC.
ALL MOST ALL THE CORRUPT OFFICIALS ARE CALLLED "PARTNERS IN BUSINESS WITHOUT CAPITAL AND COMMITMENT BUT FORCEBLY TAKE A PART OF PROFITS OF BUSINESS".
"CORRUPTION IS A WAY OF LIFE IN BUSINESS"
If you have to run a big company, you have to bribe many more officials. For some type of officials, WHO DO NOT TAKE CASH AS BRIBE, "GIFTS" ARE BEING GIVEN (GOLD, DRY FRUITS, VEHICLE DROPS, GUEST HOUSES ETC.) ON VARIOUS OCCATIONS, FESTIVALS ETC. ANY THING CAN BE DONE EVEN IN TIRUMALA TEMPLE, EDUCAIONAL INSTITUTIONS, MEDICAL PROFESSION WHICH ARE CONSIDERED TO BE HOLY PROFESSIONS.
THE AMOUNT TO BE GIVEN AS "BRIBE" IN BURIAL YARD(S) IN INDIA, WHEN A PERSON DIE, FOR BURNING THE BODY, FOR GETTING DEATH CERTIFICATE, (THESE ARE IN ADDITION TO OFFICIAL FEES PAID TO MUNICIPALIIES FOR BURNING THE BODY FOR FIRE WOOD ETC.). The amount to be spend after death in India now comes to Lakhs of Rupees for doing all types of cermonies, merging ashes in Ganga at Varanasi and other holy places, giving gifts/charities to pandits, giving advertisements in newspapers, arranging feasts BHOJANALU to thousands of people (so called relatives), friends. This is in addition to LARGE SUMS OF MONEY PAID TO DOCTORS FOR SO CALLED CURING OF SICKNESS.
In many cases, many middle class people becomes BEGGERS/PAUPERS after getting into hospitals, nursing homes etc. just before dyeing.
more...
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jsb
06-03 04:24 PM
All that is too complicated and it shows nothing except that USCIS is incompetent.
But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.
Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.
Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
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walking_dude
02-13 12:59 PM
On the contrary, fight for keeping the country limits will kill the movement as Indians who form more than 80% of IV will feel disillusioned and leave. Once that happens ROW can as well kiss the GC increase good bye.
Like grupak mentioned real workable solution is 1) Increase overall numbers (will benefit ROW as well as oversubscribed countries) 2) Eliminate the meaningless country quota. If there is an increase in overall numbers removal of country quotas will have very low impact on ROW. This is the fact.
But there are still some fanatics who pick up fights to keep the country quotas intact. If all of them quit IV damage will still be minimum, when compared to Indians (80% of IV) leaving. Movement will survive and thrive. How many ROW were there at DC rally? Of those present, half were on the stage. Of course I'm exaggerating, but not by much.
My challenge to ROW members who keep on harping about the split in the movement - PARTICIPATE!! Just being active on the forum and posting a hundred posts doesn't make you part of the movement. I hardly see many ROW members volunteering or accepting leadership roles. Unlike EB immigration, IV is open to everyone no matter where you were born. We don't have any 7% quota per country ! And yet, why are the active volunteers, leadership, contributors - the REAL movement- is disproportinately Indian.
Want to influence the movement, be a significant part of it. That's real democracy.
A row — also called a record or tuple—represents a single, implicitly structured data item in a table :) (I think the discussion becomes too hot, time to cool down, folks. The solution is not to remove per country limits, but to increase EB quota or at least to recapture lost visa numbers. Fight for removing per country limits will divide IV and is very unlikely to achieve something.)
Like grupak mentioned real workable solution is 1) Increase overall numbers (will benefit ROW as well as oversubscribed countries) 2) Eliminate the meaningless country quota. If there is an increase in overall numbers removal of country quotas will have very low impact on ROW. This is the fact.
But there are still some fanatics who pick up fights to keep the country quotas intact. If all of them quit IV damage will still be minimum, when compared to Indians (80% of IV) leaving. Movement will survive and thrive. How many ROW were there at DC rally? Of those present, half were on the stage. Of course I'm exaggerating, but not by much.
My challenge to ROW members who keep on harping about the split in the movement - PARTICIPATE!! Just being active on the forum and posting a hundred posts doesn't make you part of the movement. I hardly see many ROW members volunteering or accepting leadership roles. Unlike EB immigration, IV is open to everyone no matter where you were born. We don't have any 7% quota per country ! And yet, why are the active volunteers, leadership, contributors - the REAL movement- is disproportinately Indian.
Want to influence the movement, be a significant part of it. That's real democracy.
A row — also called a record or tuple—represents a single, implicitly structured data item in a table :) (I think the discussion becomes too hot, time to cool down, folks. The solution is not to remove per country limits, but to increase EB quota or at least to recapture lost visa numbers. Fight for removing per country limits will divide IV and is very unlikely to achieve something.)
more...
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sumagiri
07-25 11:00 AM
What you say can certainly happen, but I beleive that the pressure on USCIS is exponentially greater after last summer. People are watching their every step very closely. They got away with their inefficiency in prior years because the bottleneck was not USCIS - it was DOL that took a zillion years to clear labor petitions. Additionally the visa recapture of 2000 ensured no retrogression until 2005. Even after 2005 there were very few 485's to approve because of a) very low perm applications/approvals in 2005 and early 2006 and b) all the 2003/2004 labors were stuck in BEC's and were approved only in late 2006 or early 2007 (like your truly - mine was actually an RIR but the BEC classified it as Traditional Recruitment and began recruiting for the position - but thats another story).
Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.
As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!
I know. That is what I am exactly saying. All our calculations will be true when USCIS works efficiently for this year and continues to do so. And we all are hoping for that.
Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.
As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!
I know. That is what I am exactly saying. All our calculations will be true when USCIS works efficiently for this year and continues to do so. And we all are hoping for that.
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Macaca
07-04 09:19 AM
Age out situations with children
Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to adjudicate the I485.
I have that very situation. My son turn 21 in mid-January 2008.
This is a HUGE issue if it is true. Can we verify it preferably with a URL?
This is what I meant when I said that we should identify all the issues and worry about english later. BTW, this is what is taught in a writing course: outline first, english later.
I have scanned most of the letters posted in thread. I will carefully scan them again and add their issues to my skelton.
Most of the letters are missing or not stressing some HUGE points like above. These HUGE points are bold faced in the articles I post. Editorials have a lot of these so called punch lines.
Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to adjudicate the I485.
I have that very situation. My son turn 21 in mid-January 2008.
This is a HUGE issue if it is true. Can we verify it preferably with a URL?
This is what I meant when I said that we should identify all the issues and worry about english later. BTW, this is what is taught in a writing course: outline first, english later.
I have scanned most of the letters posted in thread. I will carefully scan them again and add their issues to my skelton.
Most of the letters are missing or not stressing some HUGE points like above. These HUGE points are bold faced in the articles I post. Editorials have a lot of these so called punch lines.
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longq
02-13 02:59 PM
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
BharatPremi
12-13 02:16 PM
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
Yes. As long as it is established as "law" we can not pursue the solution in a court.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
Yes. As long as it is established as "law" we can not pursue the solution in a court.
BharatPremi
12-13 05:09 PM
If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??
jazz
Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?
jazz
Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?
