minicopter
01-08 08:36 PM
Guys,
I think you got it all wrong. A fresher/consultant who has the balls to put 5-6 fake yrs of experience in his resume certainly deserves a token of appreciation.
Why dont you ppl understand that there is a common selection process called an Interview and you have to go thru that to get a job and if a fresher beats an experienced guy in that process, to hell with that experienced guy, where has he hidden all his experience when a fresher could make it.
If you were a recruiter and you see a fresher and an experienced guy(4-5) competing/working at the same level for the same job, you have to see the fresher as a guy with a much greater learning graph and skill set.
I have seen guys coming on H1 after slogging 4-5 yrs in India and I think freshers/MS graduates are much better than them, in the way they talk, dress, think, behave....etc....
All you exeperienced guys out there who get scared of competeion in the market, especially from freshers, I strongly recommend u summon all the courage and prepare to be sliced by the sleeker edge.
Amen!!
I think you got it all wrong. A fresher/consultant who has the balls to put 5-6 fake yrs of experience in his resume certainly deserves a token of appreciation.
Why dont you ppl understand that there is a common selection process called an Interview and you have to go thru that to get a job and if a fresher beats an experienced guy in that process, to hell with that experienced guy, where has he hidden all his experience when a fresher could make it.
If you were a recruiter and you see a fresher and an experienced guy(4-5) competing/working at the same level for the same job, you have to see the fresher as a guy with a much greater learning graph and skill set.
I have seen guys coming on H1 after slogging 4-5 yrs in India and I think freshers/MS graduates are much better than them, in the way they talk, dress, think, behave....etc....
All you exeperienced guys out there who get scared of competeion in the market, especially from freshers, I strongly recommend u summon all the courage and prepare to be sliced by the sleeker edge.
Amen!!
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purplehazea
06-13 11:30 AM
Unless IV is extremely sure that we can get an amendment with 60-70 percent of our provisions in there, we should not support revival of CIR. CIR has brought more anxiety and forecasted pain than relief. It is better to have no relief than to be rendered powerless by the anti-immigrant bodies which seem to be much more powerful and influential on capitol hill when compared to pro-immigrationists. This is just a bad time, we have to build enough strength before another attempt for reform.
nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
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cableching
07-11 03:02 PM
I think movement in EB-3 for India nad Chine will be difficult, as most of the folks from ROW apply under EB3 and most of the applicants in EB2 are from India and Chine?
As a result EB-3 quota is used up easily and the per country limits apply for Indians and Chinese. Where as for EB-2, the per country limits do not apply as the ROW applicants are not that many.
As a result EB-3 quota is used up easily and the per country limits apply for Indians and Chinese. Where as for EB-2, the per country limits do not apply as the ROW applicants are not that many.
more...
amitgeorge
03-13 11:17 PM
by far the best battle i have seen in recent times
great work
great work
ashatara78
03-10 04:38 PM
The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.
I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.
It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.
I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.
It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.
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GCapplicant
08-17 04:56 PM
When will EB3 get its quota then How long we have to wait?I hope we dont get stranded in all this mess..
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onemaveric
09-26 09:31 AM
This is bad what has happened. They need to be educated about the protest.
Is there any email address to the CNN editor? I can writeup a message about this.
Is there any email address to the CNN editor? I can writeup a message about this.
more...
cps060
01-31 04:50 PM
Just to add further, I am on H1-B with I-140 approved too. Instate-tuition etc are not my concerns now. Just whether he can get I-539 approval or he should plan for H4.
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acecupid
07-03 11:47 AM
Taking a benefit of one group, then distribute the pain across the board is not fair to ROW applicants. This is not the solution. You cannot say to us ROW people that we don't understand the fustration of waiting for our GC as well.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.
If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.
If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.
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gc_on_demand
11-12 03:24 PM
Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
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delhiguy
07-04 08:38 PM
I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.
Don't see any light at the end of the tunnel...
How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.
Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.
Don't see any light at the end of the tunnel...
How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.
Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.
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sroyc
07-11 04:43 PM
There is a lot of hurtburn among folks here abt a lot of things...Does that mean USCIS is going to cater to every case of heartburn. I dont think so.
What else would explain EB2 China's PD going back to EB2 India's PD (April 2004) when visas from EB2-ROW were made available and then both PD's moving to June 2006 (which was EB2 China's PD before it became unavailable)?
They could have set it to March 2005 and it would have been enough to exhaust the remaining EB2-ROW visas left considering the number of EB2 India applicants in the backlog. The fact is that there are not enough EB2 China applicants left in 2003/2004/2005. The only way they can get a fair share of the EB2-ROW spillover was if PD's for both EB2 India and China were moved to 2006.
What else would explain EB2 China's PD going back to EB2 India's PD (April 2004) when visas from EB2-ROW were made available and then both PD's moving to June 2006 (which was EB2 China's PD before it became unavailable)?
They could have set it to March 2005 and it would have been enough to exhaust the remaining EB2-ROW visas left considering the number of EB2 India applicants in the backlog. The fact is that there are not enough EB2 China applicants left in 2003/2004/2005. The only way they can get a fair share of the EB2-ROW spillover was if PD's for both EB2 India and China were moved to 2006.
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gc28262
04-10 10:24 PM
and what is your point?
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
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sanju
10-20 02:21 PM
well said.. but wait a minute.. why are we all debating.. we dont have voting rights... :D:D:D.. but whoever thinks mccain is the savior... god help them
Look, no one is saying that McCain is the savior, but at the same time, it is important for us to understand that Obama is not the light at the end of the tunnel, its the fast approaching train towards us. So, some of us are just pointing to others that be prepared for the train wreck. That does not necessarily translate into saying that McCain is the savior. It just means what it means.
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
Look, no one is saying that McCain is the savior, but at the same time, it is important for us to understand that Obama is not the light at the end of the tunnel, its the fast approaching train towards us. So, some of us are just pointing to others that be prepared for the train wreck. That does not necessarily translate into saying that McCain is the savior. It just means what it means.
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
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yabadaba
09-10 12:10 PM
So are you coming then?
Thanks.
yes
Thanks.
yes
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3d Nirvana
03-07 06:31 PM
sry guys, i have to pull out. I have a big essay that has been assigned and i cant spend the time needed to make a good entry. sry!
i'll make one later and just post it in showcase :)
i'll make one later and just post it in showcase :)
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immigrant2007
03-12 10:29 AM
Sorry to break your heart. People use a the words like "ass" and "dick" all the time, nobody really mind reading these words. Why would the same words in Hindi be so offensive ???
Think about that.
You called me Dick Head, would it be fair if I call you Lund Ka Topa. Its the same thing, just translated.
Apologize if I offended someone else, I was trying to be funny.
Haribhai
Tranlsation of dickhead is not correct (there might be some interpretation on your part)
Think about that.
You called me Dick Head, would it be fair if I call you Lund Ka Topa. Its the same thing, just translated.
Apologize if I offended someone else, I was trying to be funny.
Haribhai
Tranlsation of dickhead is not correct (there might be some interpretation on your part)
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trueguy
07-03 05:50 PM
Everyone,
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
bugmenot
06-13 02:05 PM
if Numbersusa is warning its members to call thier senators again and fight the bill its surely coming/come back, theyr always bang on with thier "inside info"
gcnirvana
04-23 12:41 PM
Great to hear that the event was a success. I was one of the volunteers who had the oppurtunity to call CA members and I just have one suggestion. Please update your profiles with your latest email and phone numbers. Of the 25 people I called, atleast 5 or 6 had incorrect phone numbers. One even went to a fax number. The intent for IV is to reach you quickly in such case but looks like the intent for such members is 'do-not-disturb'.
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