I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.
Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)
Chhota Shakeel makes his entry into grand indian election mela :)
What else is coming.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
EB-I will be in mid or late 2006 by Sep 2009.
I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".
This was listed at the bottom of the page in the March VB in state dept's website:
The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.
Remember the ONE day notice that I-140 premium processing is terminated for Labour substitution cases?
Again it is a mixture of all kind of types coming through the consultants.
So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.
mallu, i appreciate the rational arguments you made. But still a lot here falls under "yes we agree bodyshop practices are unfortunate, but let's pretend it has no concequences and it never harmed anybody" That is wrong.. I would hear time and again from ROW friends who land lucritive job offers here but when it's time to apply for H1 they fail because a handful of big bodyshops consume tens of thousands of visas for the exclusive offering in their homeland.. then we hear people now ask the remaining ROWs who managed to stay here against big odds to take another one for the team and help alleviate the problem of the big lines these bodyshops created and claiming this is for the sake of fairness and equality.
i still see other posts with nothing but barking.. ok let it be, we can't do without those who have nothing to offer other than that.
8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
even in the worst case they are still trying to sell to you.
There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.
Here is the case : I'm working for company A since long and has an H1B valid till Mid 2010.
Company B has sponsored a GC for me. Its EB3 - India with PD Mid 2003 and I485 was filed on June 11 2007. Waiting for PD to be current.
EAD was applied on 06/27/08 and was approved yesterday for 2 years.
In this case,
1. Will be advisable to start working with sponsoring company B on EAD or continue with company A which is holding my H1 and where I'm right now ? Since there is no direct employment relation between applicant with company B, I think its better to join GC sponsoring company sooner than later. I was on Company B's payroll for 2 years in 2002-03
2. Will it be considered under AC21 ? Should USCIS be informed on that change ?
3. What will happen to my H1B status which is good and valid till mid 2010 ?
5 About dependants, my wife has applied EAD few months back and already started working with her approved EAD. My son is having H4 status.
Any issue for them if I use EAD and move to company B ?
4. In case I want to join some other company or start own business in near future, What will be the best step today in order to avoid any problems in GC process or after having GC ?
Let me know If I may not be that clear in explaining my situation.
I have filed my 485 on 8th June 2007, My 140 is approved in August 2006.
I have 2 different questions.
I have changed the job on 1st July 2008. Do I need to involve my attorney to file for AC 21? The New job title is "System Administrator" which is the same ONET CODE.
IN the while I have another offer with title as "Sr Systems Analyst".
My labor was applied as "Network Engineer" ONET code 15-1071. Can I switch to a job with title "Sr. Systems Analyst" ONET Code 15-1081.00 or 15-1051.00
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
i will not raise any more questions asking non-contributing members to contribute.
go iv .....go core team!
I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?
Sorry she will have to wait for the your PD to get current.
NaMo will certainly CHANGE India for sure in a positive way in all aspects. In my opinion, he has another 10 more years to go before he becomes PM. I have very high hopes for him.
A politically active friend once told me (The quote touched me very much), if NaMo manages to stay alive for another 10-15 years, he will certainly be PM of India and that will be the start of India returning to golden ages.
I have a co-worker who downs at least 5-6 cans of their flagship product 'XS Energy Drink' everyday. He hardly moves from his desk all day so why in the world would he need an energy drink for? One day, the rest of the team confronted him and asked him if he even knew what was in the energy drink. He quickly got angry and snapped back "VITAMINS!!!". We were like WTF? Since when did energy drinks started to have vitamins in them? Finally, I showed him the contents of the drink: #1 Taurine, #2 Caffeine. So it's nothing but fukking Red Bull. And we all know 'Red Bull gives you wings!'. Wish it gave you brains too.
Another co-worker asked him if it'd be OK to give that drink to his 5 yo when he thought that it was alright for him to gulp gallons of it. He snapped again saying "OF COURSE! In fact she drinks small quantities of it everyday." A 5 year old kid drinking Red Bull. Can you beat that? Just coz this idiot wants to earn more points. That is when I got seriously pissed!
Is it true that this guys makes his 5 year old kid drink something like Red Bull everyday? If it is true, that is inhuman and child abuse. I can't believe it. Can people go this low for money? Unbelievable.
If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...
Pl. Correct me if I am wrong....
Now I have really started to appreciate the IV goals listed on the front page.....
IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....
As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.
Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.
Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!