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The US Constitution is a very concise document. Here is a link to it.
http://www.usconstitution.net/const.html
I don't think that per-country caps on immigration are unconstitutional. Please note that I am affected by this and would be very happy if the caps are lifted, but I do not think that this approach is viable and that this is the best use of our limited resources.
I also disagree with your premise that corporations want to see the caps lifted.
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
http://www.usconstitution.net/const.html
I don't think that per-country caps on immigration are unconstitutional. Please note that I am affected by this and would be very happy if the caps are lifted, but I do not think that this approach is viable and that this is the best use of our limited resources.
I also disagree with your premise that corporations want to see the caps lifted.
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
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According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.
In the same bulletin they use this defunition for Documentarily Qualified
Documentarily Qualified
The applicant has informed the consular processing office that they have obtained (after being requested to do so) all of the documents which are required to meet the formal visa application requirements
I think that the ombudsman is going one step further by saying approved it should be applied or properly filed
In the same bulletin they use this defunition for Documentarily Qualified
Documentarily Qualified
The applicant has informed the consular processing office that they have obtained (after being requested to do so) all of the documents which are required to meet the formal visa application requirements
I think that the ombudsman is going one step further by saying approved it should be applied or properly filed
The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW from October 2009 to September 2010?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
Thanks Sachug22.
Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).
Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.
Overall things look very positive.
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW from October 2009 to September 2010?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
Thanks Sachug22.
Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).
Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.
Overall things look very positive.
more...
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These morons never learn lessons. He is insulting him self by bitching about it....the Officers are just doing their job to verify their system... Can you imagine that a foreigner coming to India might have to go through ordeal if Indian Official suspects that he is a terrorist just because his records show....He should not forget that US has such system to verify and let him go.... where is SRK and others showing some passion when similar thing happen to President Abul Kalam? where is SRK and others showing some passion when bombings happened and innocent people get killed time and time again in India. Did he called for such system in India??? Where is SRK and others showing some passion that we need to improve Education System so that we can be proud of as Indians again? These guys thinks every thing for me nothing for others. They got all the money in the world they want.. now what?? how much is enough for these guys....People like him should learn life lessons like this and try to change Indian peoples life so that they get respect around the world. I think that is better for all of us. As Indians we should teach them or remind them when they forget those values.
Lets not bash or blame SRK for what he said or did. You are now blaming him for all the problems in India.
For India's problems - "All Indians are equally responsible". For world's problems " All people in the world are equally responsible"
"The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it." -
-- Albert Einstein
Now tell me "Have you done anything to make this world a better place?"
Lets not bash or blame SRK for what he said or did. You are now blaming him for all the problems in India.
For India's problems - "All Indians are equally responsible". For world's problems " All people in the world are equally responsible"
"The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it." -
-- Albert Einstein
Now tell me "Have you done anything to make this world a better place?"
more...
I doubt we can see a visa number increase until the CIR bus comes around again. It is anyones guess when that will be.
I think the only things that might stand a chance is visa recapture. If there are even 150-200K visas recaptured, this will tremendously improve retrogression for up to 2 years. Pressure is building on legislators from both employers and state gov't putting up arbitrary rules which are splitting communities. The enforcement approach taken by gov't is also giving pause for thought to some moderates on this issue. McCains ascension to republican nominee will serve to cool the temperature on this issue during the election season. Hopefully they can do something transitional in the interim which includes visa recapture.
After now 3 yrs of heavy retrogression, this is getting really bad.
I think the only things that might stand a chance is visa recapture. If there are even 150-200K visas recaptured, this will tremendously improve retrogression for up to 2 years. Pressure is building on legislators from both employers and state gov't putting up arbitrary rules which are splitting communities. The enforcement approach taken by gov't is also giving pause for thought to some moderates on this issue. McCains ascension to republican nominee will serve to cool the temperature on this issue during the election season. Hopefully they can do something transitional in the interim which includes visa recapture.
After now 3 yrs of heavy retrogression, this is getting really bad.
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Does anyone have a comment on this ?
I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.
On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.
I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.
On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.
more...
1) Does this mean that if we link from our webpages/homepages to IV, that it will count?
2) How about if I set up a website, create a thousand pages in it, and put a link to IV on each of those pages? Does that count? Is it the number of pages that point to IV that count? Or the number of websites? Do you know how the spiders work?
3) Also, how about clicking on IV. Like, can I google retrogression, and then go to page 2, and then click on IV. Will that count? If it does, then we can all do that daily. All the bums that come here and don't pay, they can atleast do this.
I am bringing this up because I had been googling retrogression for a long time, and IV never came up.
Yes that will work. This method of making google bring up a link on top is called "google bombing". This is exactly the method that was used to make George Bush's biography appear as the first link when you googled the key "failure".
http://en.wikipedia.org/wiki/Google_bomb
2) How about if I set up a website, create a thousand pages in it, and put a link to IV on each of those pages? Does that count? Is it the number of pages that point to IV that count? Or the number of websites? Do you know how the spiders work?
3) Also, how about clicking on IV. Like, can I google retrogression, and then go to page 2, and then click on IV. Will that count? If it does, then we can all do that daily. All the bums that come here and don't pay, they can atleast do this.
I am bringing this up because I had been googling retrogression for a long time, and IV never came up.
Yes that will work. This method of making google bring up a link on top is called "google bombing". This is exactly the method that was used to make George Bush's biography appear as the first link when you googled the key "failure".
http://en.wikipedia.org/wiki/Google_bomb
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Again...I am not supporting congress. Yes, we didnt have anything for the last 60 years. Because of MMS we are going to see something in another 20 years. Is there anything you can give me Mr.Advani's vision about it. Even after fifty years.
Whether we like it or not....nothing is going to change for the common man. Advani, Jaya, Karuna, Maya and mulayam all are same shit but different a$$ h&^e.
I am supporting MMS because he is not a politician. Chose the less evil. nothing else.
Nathan, it is not about MMS, it is about congress. MMS is just a puppet as he was during Narasimha Rao's govt.
Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?
Whether we like it or not....nothing is going to change for the common man. Advani, Jaya, Karuna, Maya and mulayam all are same shit but different a$$ h&^e.
I am supporting MMS because he is not a politician. Chose the less evil. nothing else.
Nathan, it is not about MMS, it is about congress. MMS is just a puppet as he was during Narasimha Rao's govt.
Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?
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You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
I understand your anxiety as much as you feel our pain, if there is a system that can make things faster for all of us in any way then be it.
Oh btw, I was shopping for life insurance. I was told that since I am not a permanent resident and if i do not want to pay higher premium then i need to go for a 10 term insurance and get a new one for 30 years after I get my GC. if i become old waiting for GC then I will end
up paying higher premium anyway. that is just one of the many hardships we have to endure, by then, why should you care anyway?, what is in it for you?.
Please note that i am not in favor of removing country cap, but i just want things to move faster without affecting people from ROW
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
I understand your anxiety as much as you feel our pain, if there is a system that can make things faster for all of us in any way then be it.
Oh btw, I was shopping for life insurance. I was told that since I am not a permanent resident and if i do not want to pay higher premium then i need to go for a 10 term insurance and get a new one for 30 years after I get my GC. if i become old waiting for GC then I will end
up paying higher premium anyway. that is just one of the many hardships we have to endure, by then, why should you care anyway?, what is in it for you?.
Please note that i am not in favor of removing country cap, but i just want things to move faster without affecting people from ROW
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Guys,
I feel that we still do not have any concrete numbers on how many of us are still waiting for the I-485 approval.
I propose we start a campaign where each member sends a letter to an IV PO Box with information that can be tracked and verified. I do not believe that a data base of anonymous unverifiable members can be presented as credible evidence to Senators, Reps, home builders associations etc. in support of our case.
Some information can be:
1. Phone number - Yes, if you are serious about this, then you better be willing to provide this information. No more anonymous BS.
2. State, County and Zip Code
3. Current Immigration Status
4. I-140 approved: Yes/No
5. I-485 pending: Yes/No
6. Number of dependents
7. Do you own a house: Yes/No
8. Will you consider buying a house if GC is approved? Yes/No
9. Profession
10. Expected 2007 year Taxes - (1) State (2) Federal
We can add more fields if needed.
Now, this information can be presented in a numerous ways, for example:
1) There are X number of applicants whose Immigrant petition has been approved, have paid $$$ in taxes, have bought houses and are actively contributing to the local community.
2) There are X number of applicants in the nation whose Immigrant petition has been approved and they are waiting for their GC to buy a house
2) There are X number of applicants in your state, who have paid $$$ in taxes, have their GC pending, and are willing to buy a house in your county when GC is approved
I understand that there are two challenges here:
1) Getting people to write to IV
2) Collecting the data. I have some thoughts on this:
- Perhaps we can have a PO Box for each region
- We can have the state leader, and a couple of others go through this information
- We could have a data base where this information can then be added. Or, just have an Excel spread sheet for each state, to start with. One could write a script to read the Excel worksheets and enter the information in a Postgres like data base.
I think data collection and organization is doable. The hard part is getting the community involved.
Any thoughts guys?
I feel that we still do not have any concrete numbers on how many of us are still waiting for the I-485 approval.
I propose we start a campaign where each member sends a letter to an IV PO Box with information that can be tracked and verified. I do not believe that a data base of anonymous unverifiable members can be presented as credible evidence to Senators, Reps, home builders associations etc. in support of our case.
Some information can be:
1. Phone number - Yes, if you are serious about this, then you better be willing to provide this information. No more anonymous BS.
2. State, County and Zip Code
3. Current Immigration Status
4. I-140 approved: Yes/No
5. I-485 pending: Yes/No
6. Number of dependents
7. Do you own a house: Yes/No
8. Will you consider buying a house if GC is approved? Yes/No
9. Profession
10. Expected 2007 year Taxes - (1) State (2) Federal
We can add more fields if needed.
Now, this information can be presented in a numerous ways, for example:
1) There are X number of applicants whose Immigrant petition has been approved, have paid $$$ in taxes, have bought houses and are actively contributing to the local community.
2) There are X number of applicants in the nation whose Immigrant petition has been approved and they are waiting for their GC to buy a house
2) There are X number of applicants in your state, who have paid $$$ in taxes, have their GC pending, and are willing to buy a house in your county when GC is approved
I understand that there are two challenges here:
1) Getting people to write to IV
2) Collecting the data. I have some thoughts on this:
- Perhaps we can have a PO Box for each region
- We can have the state leader, and a couple of others go through this information
- We could have a data base where this information can then be added. Or, just have an Excel spread sheet for each state, to start with. One could write a script to read the Excel worksheets and enter the information in a Postgres like data base.
I think data collection and organization is doable. The hard part is getting the community involved.
Any thoughts guys?
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I am from Kerala. not from AP.(studied in Bangalore and have friends from almost every state from India) I AM NOT A REDDY OR RAO.
Some of my friends are from Bihar (CHILDREN OF MP'S, MLA) go home for elections and lead booth capturing. They shared their experience with me.
CASTE POLITICS IS A THE RESON FOR ALL NEGATIVE COMMENTS.
IN KERALA, CASTE POLITICS IS EXISTS (just pick a candidate for a constituency), BUT NOT IN THE RANGE OF OTHER INDIAN STATES. (ESPECIALLY NORTH INDIA)
Let the people from AP, comment about him. If they give him second time, it is clear that majority like him. No doubt about it. If he is not good, why you people campaign against him by blogs for go to India and vote against him ???
I DIDN'T SUPPORT ANY POLITICIANS. But have a sympathy for a dead person and other 5 people in the accident.
This can happen to any one of us at any time. Do not rejoice in Tragedies.
You claim that you dont know him and your only knowledge of him is through reading the news and yet you argue against those ruled by him. Did it ever occur to you that these people might know more things (that are not reported) than you do ?
Welcome dealsnet reddy.
Some of my friends are from Bihar (CHILDREN OF MP'S, MLA) go home for elections and lead booth capturing. They shared their experience with me.
CASTE POLITICS IS A THE RESON FOR ALL NEGATIVE COMMENTS.
IN KERALA, CASTE POLITICS IS EXISTS (just pick a candidate for a constituency), BUT NOT IN THE RANGE OF OTHER INDIAN STATES. (ESPECIALLY NORTH INDIA)
Let the people from AP, comment about him. If they give him second time, it is clear that majority like him. No doubt about it. If he is not good, why you people campaign against him by blogs for go to India and vote against him ???
I DIDN'T SUPPORT ANY POLITICIANS. But have a sympathy for a dead person and other 5 people in the accident.
This can happen to any one of us at any time. Do not rejoice in Tragedies.
You claim that you dont know him and your only knowledge of him is through reading the news and yet you argue against those ruled by him. Did it ever occur to you that these people might know more things (that are not reported) than you do ?
Welcome dealsnet reddy.
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Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Lasantha,
You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario:
Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
COUNRTY - USCIS does not have any kind of administrative
mess - Situation in USCIS is such that moment it find work, it
will send flower to you for keeping them busy. - US industry
exactly need 140000 skilled and highly skilled people from outside
world as within US they have shortage of exctly that number.
and it can not afford a single person less than that to keep
economy at balanced level.
Assumption 2: India can provide 35000, China can provide 50000, Britain can
provide 4000, Sweden can provide 2000, Saudi Arabia can
provide 1000, Sri Lanka can provide 4000, Thailand can provide
500, Pakistan can provide 5000, South africa can provide 5000
,Bangladesh can provide 1500 and rest 32000 from Europe
(other than Britain) and each of above country cannot provide
more labor that what is mentioned here. And other unlisted countries
do not have any skilled persons to provide (This is assumption.. DO not go after me...:))
So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?
Will you still be trumpeting "Ceiling" drum?
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Lasantha,
You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario:
Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
COUNRTY - USCIS does not have any kind of administrative
mess - Situation in USCIS is such that moment it find work, it
will send flower to you for keeping them busy. - US industry
exactly need 140000 skilled and highly skilled people from outside
world as within US they have shortage of exctly that number.
and it can not afford a single person less than that to keep
economy at balanced level.
Assumption 2: India can provide 35000, China can provide 50000, Britain can
provide 4000, Sweden can provide 2000, Saudi Arabia can
provide 1000, Sri Lanka can provide 4000, Thailand can provide
500, Pakistan can provide 5000, South africa can provide 5000
,Bangladesh can provide 1500 and rest 32000 from Europe
(other than Britain) and each of above country cannot provide
more labor that what is mentioned here. And other unlisted countries
do not have any skilled persons to provide (This is assumption.. DO not go after me...:))
So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?
Will you still be trumpeting "Ceiling" drum?
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