visves
02-11 06:30 PM
There is also a 7 percent cap for each country. The sum of family and employment visas for china and india cannot exceed 25,000 approx as long as ROW is oversubscribed.
IF excess visa from EB2 ROW overflows to to EB2 china/india, this would clearly violate the 7 percent limit as the sum total consumption of visas by these countries would be well over the 7 percent of employment visas. Unless the overall demand for employment visas is less than what is available, the 7 percent would clearly apply.
The only thing that I feel might happen would be any unused EB1 china/india visas flowing down to EB2 china/india.
There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
IF excess visa from EB2 ROW overflows to to EB2 china/india, this would clearly violate the 7 percent limit as the sum total consumption of visas by these countries would be well over the 7 percent of employment visas. Unless the overall demand for employment visas is less than what is available, the 7 percent would clearly apply.
The only thing that I feel might happen would be any unused EB1 china/india visas flowing down to EB2 china/india.
There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
wallpaper 1986 Chevy K10 383/4 speed
bugsbunny
04-20 06:23 PM
Agreed, let everybody keep this to topic and stop making personal remarks. I haven't made any personal attacks in this thread. A couple of notorious people are at it as usual.
Thanks TonyHK12. I see that so far you have kept it cool here...inspite of some provocations :)
I for one very much appreciate that. Please keep it up. We do have common goals that we can work productively towards.
Thanks TonyHK12. I see that so far you have kept it cool here...inspite of some provocations :)
I for one very much appreciate that. Please keep it up. We do have common goals that we can work productively towards.
virtual55
05-17 11:57 AM
Guys Please contribute money
2011 4x4 Chevy Blazer
485Mbe4001
02-13 05:42 PM
Please dont BS for the sake of BS'ing.
Think before you type. The core team mentions $$ and ground work. Most are not interested in doing anything besides reading these forums. Realize the enormity of the task, the efforts required, then look in the mirror and ask yourself what you did besides BS'ing
As mentioned In Logiclifes first post in this forum,
Organizations who have Millions of dollar In budget for pushing and lobbying their Issues failed also for whatever reason ( He did not mention reasons ).
Does that mean that having a fat budget does not Impact the outcome ?
What It proves Is Its really the Politics, election, People's focus on the Issue which matters and NOT the lobbying with big fat budget.
And If its the case then our issue will be taken care of on its own merit when all above factors are in our favour, regardless of lobbying.
Just a thought, I hope I am not upsetting the general trend of praising efforts.
Think before you type. The core team mentions $$ and ground work. Most are not interested in doing anything besides reading these forums. Realize the enormity of the task, the efforts required, then look in the mirror and ask yourself what you did besides BS'ing
As mentioned In Logiclifes first post in this forum,
Organizations who have Millions of dollar In budget for pushing and lobbying their Issues failed also for whatever reason ( He did not mention reasons ).
Does that mean that having a fat budget does not Impact the outcome ?
What It proves Is Its really the Politics, election, People's focus on the Issue which matters and NOT the lobbying with big fat budget.
And If its the case then our issue will be taken care of on its own merit when all above factors are in our favour, regardless of lobbying.
Just a thought, I hope I am not upsetting the general trend of praising efforts.
more...
meridiani.planum
05-26 04:11 AM
This link looks to be from the HR. Menendez bill is in the senate. The text of the bill is not available at this time.
http://www.thomas.gov/cgi-bin/bdquery/D?d111:17:./temp/~bdgY3q::|/bss/|
Have to watch this one carefully. Kennedy (one of the co-sponsors of this bill) had thrown EB immigrants under the bus last year while favoring FB and illegals (in CIR). Need to be see the contents of this bill very carefully. Esp this clause from the AILA report:
"Addressing the decades-long backlogs for certain countries by raising the per-country immigration limits from 7 percent to 10 percent of total admission".
The CIR in 2007 had a similar clause, bumping up the country-limit from 7% to 10%, BUT it had another related clause that stopped rollover of visa's in the last quarter.
That would be disastrous for people from India and China as number of visas issued for the whole year will go DOWN!!
The recapture clause sounds promising , provided there is atleast an even split between EB and FB (of EB coming before FB). If they do it the other way around (like they had done in the last recapture for schedule-A nurses) then EB people will see no benefit of the recapture, and will end up losing one more quick-fix option.
Eagerly waiting for the bill text so the dissection and analysis can begin!!
http://www.thomas.gov/cgi-bin/bdquery/D?d111:17:./temp/~bdgY3q::|/bss/|
Have to watch this one carefully. Kennedy (one of the co-sponsors of this bill) had thrown EB immigrants under the bus last year while favoring FB and illegals (in CIR). Need to be see the contents of this bill very carefully. Esp this clause from the AILA report:
"Addressing the decades-long backlogs for certain countries by raising the per-country immigration limits from 7 percent to 10 percent of total admission".
The CIR in 2007 had a similar clause, bumping up the country-limit from 7% to 10%, BUT it had another related clause that stopped rollover of visa's in the last quarter.
That would be disastrous for people from India and China as number of visas issued for the whole year will go DOWN!!
The recapture clause sounds promising , provided there is atleast an even split between EB and FB (of EB coming before FB). If they do it the other way around (like they had done in the last recapture for schedule-A nurses) then EB people will see no benefit of the recapture, and will end up losing one more quick-fix option.
Eagerly waiting for the bill text so the dissection and analysis can begin!!
FinalGC
05-20 02:13 PM
Recently, one of my friend's dad came to Texas and got sick and the bill came to $60K. Unfortunatley, he did not buy travelers insurance and is fighting an uphill battle with the hospital.
My parents are coming next month, so I did a detailed research on all the insurance firms, both in India and in USA and I found that most of the ICICI or Tata-AIG plans have limited coverage, which limits the number of days in an ICU or visits by doctors etc.. Even if the plan has a $100K max, the plan may only cover upto $1000 per day for 30 days or so and then there is limitation for ICU and other surgeries. However, if you take a comprehensive coverage, then whatever the expenses, or wherever the charges are incurred, it does not matter. The total amount upto $100K will be covered and it does not limit ICU charges or room charges or doctor visits etc.
The only reason we need an insurance for parents is to cover emergencies, rather than regular doctor visits. Generally, any emergency run 60-70K, so I would recommend a minimum of $100K and do a comprehensive coverage. I have worked with IMG or check this guy at http://www.visitorshealthinsurance.com/
I even called IMG to ensure that this guy is an authorized re-seller/broker for the insurance.
Additionally, I did not find any insurance that covers pre-existing conditions. So just pray that they are healthy during their stay in US.
Yes, it is little expensive, but better peace of mind with comprehensive. If you do a local US insurance, then it is easy to get the insurance paper work done, when needed, rather than doing an Indian based insurance, which may need additional paper work and money transfer may get delayed.
My parents are coming next month, so I did a detailed research on all the insurance firms, both in India and in USA and I found that most of the ICICI or Tata-AIG plans have limited coverage, which limits the number of days in an ICU or visits by doctors etc.. Even if the plan has a $100K max, the plan may only cover upto $1000 per day for 30 days or so and then there is limitation for ICU and other surgeries. However, if you take a comprehensive coverage, then whatever the expenses, or wherever the charges are incurred, it does not matter. The total amount upto $100K will be covered and it does not limit ICU charges or room charges or doctor visits etc.
The only reason we need an insurance for parents is to cover emergencies, rather than regular doctor visits. Generally, any emergency run 60-70K, so I would recommend a minimum of $100K and do a comprehensive coverage. I have worked with IMG or check this guy at http://www.visitorshealthinsurance.com/
I even called IMG to ensure that this guy is an authorized re-seller/broker for the insurance.
Additionally, I did not find any insurance that covers pre-existing conditions. So just pray that they are healthy during their stay in US.
Yes, it is little expensive, but better peace of mind with comprehensive. If you do a local US insurance, then it is easy to get the insurance paper work done, when needed, rather than doing an Indian based insurance, which may need additional paper work and money transfer may get delayed.
more...
baburob2
04-14 09:51 PM
contributed my amt through cheque. IV should get it in 3 days. keep the efforts up.
2010 highk5#39;s 86 Chevy Blazer
WeShallOvercome
07-12 02:50 PM
The thing is I am sure most people here will not have a problem with paying the new higher fees. Infact it might turn out to be cheaper in the long run, cause as I understand it the new fee structure has the EAD and AP fees built in for a one time payment instead of yearly renewals. Like I said this is my understanding.
If this is the case we will be better off with new fees, cause even if they do decide to accept the 485's there is no way the approvals are coming anytime in the near future. I am sure if they do accept the 485's the dates will retrogress to the stone ages. So we can avail free renewals of EAD's and AP's till then.
But when i think about this again, If they do decide to go charge the new fees for all applications in July then wouldn't it put them in a worse situation, as it would become all too obvious that all this flip - flop was just so that could earn more money.
-ADZ
One correction here: The PDs that a visa bulletin shows do not depend on how many are applying, it depends on how many pending applications are ready to be approved. The PD is set as the date of the first applicant that could not be approved due to non-availability of visa numbers. Technically, the PDs should no go back beyond the cutoff dates they had before the recent jump in June. It might be affected after a few months/years when all the BEC filers will be ready to be approved.
If this is the case we will be better off with new fees, cause even if they do decide to accept the 485's there is no way the approvals are coming anytime in the near future. I am sure if they do accept the 485's the dates will retrogress to the stone ages. So we can avail free renewals of EAD's and AP's till then.
But when i think about this again, If they do decide to go charge the new fees for all applications in July then wouldn't it put them in a worse situation, as it would become all too obvious that all this flip - flop was just so that could earn more money.
-ADZ
One correction here: The PDs that a visa bulletin shows do not depend on how many are applying, it depends on how many pending applications are ready to be approved. The PD is set as the date of the first applicant that could not be approved due to non-availability of visa numbers. Technically, the PDs should no go back beyond the cutoff dates they had before the recent jump in June. It might be affected after a few months/years when all the BEC filers will be ready to be approved.
more...
dharmesh.pariawala
01-30 11:13 AM
I think this is good news, but I am not sure if this will affect me. I have PERM approved labor on my name. I didn't apply for I-140 because I wanted my wife to get F1 visa before doing that. This is because F1 application for my wife can have problem if there is immigration petition and she is beneficiary. I don't know how much time its going to take me to get greencard or work authorization for my wife and I want her to get the advantage of OPT after completing her studies so that she can make her career.
So I guess if this rule comes, I have to apply I-140 immediately? Is this true? Please advice me.
[Contribution so far $40. $20 December and $20 January.]
01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007
* Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
* The planned implementation day appears to be April 2007. But it can be earlier!
So I guess if this rule comes, I have to apply I-140 immediately? Is this true? Please advice me.
[Contribution so far $40. $20 December and $20 January.]
01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007
* Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
* The planned implementation day appears to be April 2007. But it can be earlier!
hair 1986 K5 4X4 Blazer
lacrossegc
12-02 02:00 AM
pansworld,
Its not IV I am worried about ... I trust them completely.
Its the the big bad wolves out there :) .... they might use such info to their advantage ....(call me paranoid)
I believe, the best and safest way to disseminate such important information is through state chapters. I know what you are getting at when suggesting that we should be open about our needs and goals .... The strategic vision is pretty much laid out by the core and is clear enough for the general public (I think) ...
monetary needs... thats a different ball game ...
Its not IV I am worried about ... I trust them completely.
Its the the big bad wolves out there :) .... they might use such info to their advantage ....(call me paranoid)
I believe, the best and safest way to disseminate such important information is through state chapters. I know what you are getting at when suggesting that we should be open about our needs and goals .... The strategic vision is pretty much laid out by the core and is clear enough for the general public (I think) ...
monetary needs... thats a different ball game ...
more...
perm2gc
12-09 12:09 AM
Happy Holidays.Hope to see you in IV again in New Year.
hot 1986 Chevrolet Blazer with
sammyb
03-13 12:11 PM
like the idea ... but are you going to do that :D :D
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
more...
house Chuck#39;s 1976 Chevy Blazer
malaGCPahije
08-13 12:05 PM
I totally agree with supporting IV.
The question is none of the Admin fixes in last one year has helped EB3-I. In fact, it made our situation even worse.
it may look like it that it has made our situation worse. But it was never good to start with. The visa number flow was going to EB3-ROW. Now it is going to EB2-I. That is good since if EB2-I becomes current the flow would come to EB3-I as we have older PD people than EB3-ROW.
Nevertheless, EB3-I was always the last link in the chain and still is. Nothing has worsened or bettered. If anything can be good for us, it is the 5882 bill. Another thing that can help is removal of country quota. With so many EB2 people getting their GC, we are going to need to really work towards getting contributions for lobbying since the people who get the GC cannot be expected to help IV anymore. We always were at the bottom and are still at the bottom. We need to unite and work with IV so that we call can get what we want.
The question is none of the Admin fixes in last one year has helped EB3-I. In fact, it made our situation even worse.
it may look like it that it has made our situation worse. But it was never good to start with. The visa number flow was going to EB3-ROW. Now it is going to EB2-I. That is good since if EB2-I becomes current the flow would come to EB3-I as we have older PD people than EB3-ROW.
Nevertheless, EB3-I was always the last link in the chain and still is. Nothing has worsened or bettered. If anything can be good for us, it is the 5882 bill. Another thing that can help is removal of country quota. With so many EB2 people getting their GC, we are going to need to really work towards getting contributions for lobbying since the people who get the GC cannot be expected to help IV anymore. We always were at the bottom and are still at the bottom. We need to unite and work with IV so that we call can get what we want.
tattoo 1986 Chevrolet K-5 Blazer
sc3
08-14 01:06 AM
For those who care to read...the fact that I am suggesting that people should port their priority dates before that door closes shows that I believe that people who have played by the rules (ie actually put in the 5 yrs experience or find a job with EB2 requirements) should get preference !!
I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.
Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.
THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.
Seriously, how much more immature can we get?
Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.
Legal arguments were already dealt with in the other thread, there is no basis to sue, as the porting is well established law. So is the requirements for EB2.
Regarding the EB3 to EB2 shafting EB2, well, you already know that most people will not be able to port because they are not willing to change jobs, or that the company is bit too strict about playing with immigration laws.
Also, a point to be noted when you say EB3 has had the opportunity -- you too had similar opportunities. You too could have been EB3, gained experience and converted to EB2. Instead you decided that it was in your best interests to follow your dream of getting a PHD -- a choice, I dont think you are be ruing, but for the fact that you find yourself placed behind all the guys who did not do PHD.
Plight of EB2? I think not. Even with EB3-to-EB2 porting, priority dates are well ahead of EB3 (even without the current jump, EB2 was around mid 2004), and now, I guess when it returns to normal, would be around 2005. So while not exactly current (like EB1, shouldn't they be "similarly entitled" to have a superior lead times), the wait times for EB2, compared to EB3 hardly justifies it to be called "plight".
But then again, to each his own. EB3ers other EB2ers waited almost 3 years for our LCs, people with 2006PDs did not even wait 6 months for it (both EB2 and EB3) -- and worse still are people stuck in BEC (who waited 4-6 years). And yet people in 2006 complain that they have "horrendous wait times".
EB3s saw tons of people getting through substitute labor, people who have no right to cut into the line ahead of us, significant portion of these cases (including EB2 substitution) are fraught with fraud, however the law was weak, and there was nothing that we could do to prevent such things. Lawsuits are useless for us to weed out such applicants, or even question their earlier PDs because they are protected by the then current laws.
I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.
Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.
THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.
Seriously, how much more immature can we get?
Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.
Legal arguments were already dealt with in the other thread, there is no basis to sue, as the porting is well established law. So is the requirements for EB2.
Regarding the EB3 to EB2 shafting EB2, well, you already know that most people will not be able to port because they are not willing to change jobs, or that the company is bit too strict about playing with immigration laws.
Also, a point to be noted when you say EB3 has had the opportunity -- you too had similar opportunities. You too could have been EB3, gained experience and converted to EB2. Instead you decided that it was in your best interests to follow your dream of getting a PHD -- a choice, I dont think you are be ruing, but for the fact that you find yourself placed behind all the guys who did not do PHD.
Plight of EB2? I think not. Even with EB3-to-EB2 porting, priority dates are well ahead of EB3 (even without the current jump, EB2 was around mid 2004), and now, I guess when it returns to normal, would be around 2005. So while not exactly current (like EB1, shouldn't they be "similarly entitled" to have a superior lead times), the wait times for EB2, compared to EB3 hardly justifies it to be called "plight".
But then again, to each his own. EB3ers other EB2ers waited almost 3 years for our LCs, people with 2006PDs did not even wait 6 months for it (both EB2 and EB3) -- and worse still are people stuck in BEC (who waited 4-6 years). And yet people in 2006 complain that they have "horrendous wait times".
EB3s saw tons of people getting through substitute labor, people who have no right to cut into the line ahead of us, significant portion of these cases (including EB2 substitution) are fraught with fraud, however the law was weak, and there was nothing that we could do to prevent such things. Lawsuits are useless for us to weed out such applicants, or even question their earlier PDs because they are protected by the then current laws.
more...
pictures Shane: 2000 Chevy Blazer
wandmaker
06-01 12:15 PM
Let us start calling and build a momentum.
dresses Kevin#39;s Chevrolet Blazer
fasterthanlight�
05-31 01:03 AM
ouch im pretty lame? if i do mode the ipod i wouldnt just make it black, im jsut saying, that the type i would buy
I didn't mean it that way... it was a sarcastic remark on my behalf. Please don't take it negatively. :cap:
I didn't mean it that way... it was a sarcastic remark on my behalf. Please don't take it negatively. :cap:
more...
makeup 1986 Chevy K5 Blazer - War
fasterthanlight�
06-16 12:14 PM
http://s88179003.onlinehome.us/ipod2.jpg
girlfriend 1986 Chevy Blazer - Trailmix
badluck
07-11 11:01 AM
what about those who send on june 30 and delivered on july 2, they are not considered as a july filers??:mad:
hairstyles 1986 Chevy S-10 Blazer
gc_on_demand
06-17 09:44 AM
Please call lawmakers listed on home page.
BharatPremi
11-01 09:28 PM
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
Your PD is 05/2003... I confidently bet you would not be in a queue for the guys who will go back.:D:D:D. By 4th July 2008 mostly you will be done with this wait hell.. Even if somebody who will be going back wants to track you , you would not be trackable on 4th July 2008.:mad::mad::mad::mad: So please keep patience and help others to maintain the same at least.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
Your PD is 05/2003... I confidently bet you would not be in a queue for the guys who will go back.:D:D:D. By 4th July 2008 mostly you will be done with this wait hell.. Even if somebody who will be going back wants to track you , you would not be trackable on 4th July 2008.:mad::mad::mad::mad: So please keep patience and help others to maintain the same at least.
number30
04-19 04:09 PM
Wounds, here comes ................ salt!
There is no requirement in INA regarding the number of years in degree.
ImmInfo Newsletter: The Culture of No: More on the USCIS challenge of educational credentials (http://www.imminfo.com/News/Newsletter/2011-4-15/USCIS-challenge-credentials.html)
They are likely to lose, if litigated against.. just saying
It is not about 4 years degree But 16 years education to attain the degree.
Does anyone know recent EB2 approvals with B.Sc., B.Com degree from India (Even with M.Sc. , MBA, MCA etc). I thought they stopped approving such cases long back.
There is no requirement in INA regarding the number of years in degree.
ImmInfo Newsletter: The Culture of No: More on the USCIS challenge of educational credentials (http://www.imminfo.com/News/Newsletter/2011-4-15/USCIS-challenge-credentials.html)
They are likely to lose, if litigated against.. just saying
It is not about 4 years degree But 16 years education to attain the degree.
Does anyone know recent EB2 approvals with B.Sc., B.Com degree from India (Even with M.Sc. , MBA, MCA etc). I thought they stopped approving such cases long back.
