Quota means a guaranteed number of visa for a country. For example if there is a 3% quota for monorities in college admissions, it guarentees 3% will go to minorities. There is no such quota for green card; only maximum limit a country can use. Even with this limit India captures more visas then any of the ROW countries.
Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India
Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.
Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India
Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.
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Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
Good idea. But I am going to TSC.
Won't help you...485s are to be filed at NSC irrespective of where you are filing from.
Won't help you...485s are to be filed at NSC irrespective of where you are filing from.
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Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
Looks like we have 45 days after the rule goes in effect. Please read the following text.
Will you please tell us which text you are refering to?
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).I'm referring to the above paragraph. The problem is how agency will define "approved" labor substitution.
I think that labor substitution is approved if I-140 is approved.
Again, I'm not a lawyer, it's just my understanding.
Will you please tell us which text you are refering to?
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).I'm referring to the above paragraph. The problem is how agency will define "approved" labor substitution.
I think that labor substitution is approved if I-140 is approved.
Again, I'm not a lawyer, it's just my understanding.
I wish India allows absentee ballot.
The way things are right now, as NRIs, we can't even register ourselves in the electoral rolls even if we want to plan a trip to India to conincide with election time.
You can register to vote as long as you have a permanent address in India, which is pretty much anyone except a US citizen. Voting itself is inconvenient as you have to travel to your constituency for that.
The way things are right now, as NRIs, we can't even register ourselves in the electoral rolls even if we want to plan a trip to India to conincide with election time.
You can register to vote as long as you have a permanent address in India, which is pretty much anyone except a US citizen. Voting itself is inconvenient as you have to travel to your constituency for that.
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http://jurist.law.pitt.edu/paperchase/2006/08/immigrants-file-lawsuit-against-us.php
JURIST@law.pitt.edu
JURIST@law.pitt.edu
Forgot to mention one more thing.
They don't need to get the greencard approved before the i-94 card expires.
They only need to file the 485 within six months of expiry of the I-94 card. Once the 485 is filed then they are in a period of authorized stay.
They don't need to get the greencard approved before the i-94 card expires.
They only need to file the 485 within six months of expiry of the I-94 card. Once the 485 is filed then they are in a period of authorized stay.
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whatamidoinghere, I am looking forward to hearing the statistics from you. When are you going to work on it? I
You can pack your bags and leave. You are here by your own choice, and work within the legal framework of the country. You are free to leave when you please.
The slavery argument doesn't hold.
jazz
This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).Knowingly or unknowingly they have setup laws which virtually make us slaves. If you are inviting high skilled workers you better make sure you have the laws to protect your businesses (employers) and the workers (us) in a fair and balanced manner. The conditions should not be such that either one can exploit the other. But currently we are almost used as slaves due to loopholes in the law and ineffeciencies in the immgration agency which allow the employer to exploit the high skilled immigrants.
The slavery argument doesn't hold.
jazz
This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).Knowingly or unknowingly they have setup laws which virtually make us slaves. If you are inviting high skilled workers you better make sure you have the laws to protect your businesses (employers) and the workers (us) in a fair and balanced manner. The conditions should not be such that either one can exploit the other. But currently we are almost used as slaves due to loopholes in the law and ineffeciencies in the immgration agency which allow the employer to exploit the high skilled immigrants.
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whatever the case may be, until there is a VISA recapture we are not going to get our GC's anytime soon. Please admit this fact.
What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)
US works when there is big money involved... otherwise nothing would move here...
Just my thoughts.
What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)
US works when there is big money involved... otherwise nothing would move here...
Just my thoughts.
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Sent the e-mail to the folks in my state.
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It is common that anti immigrant provisions will be enforced when unemployment is decade highs. We need to fight to change those. If not then try to overcome those restrictions by joining better companies. If that is also not possible then go back to India. So many job opportunities and no uncertanity of job or immigration
Is this some thing needs to pass or in proposal or already effected since the date they published on the website?
I have not ready the doc.
Is this some thing needs to pass or in proposal or already effected since the date they published on the website?
I have not ready the doc.
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The 7% is a maximum.
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
they can't go over it; if there is more demand then supply.
That is why we need more supply.....Once supply is more they can go over 7%...
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
they can't go over it; if there is more demand then supply.
That is why we need more supply.....Once supply is more they can go over 7%...
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Thanks for making me look like an idiot in front of my lawyer and HR, everyone.
Based on RUMORs, I asked my lawyer this question:
Quote:
I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.
And I got this reply :
Quote:
Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.
Reply With Quote
------------------------------------------------------------------------
I do not think what you asked was illogical. The only reason I'm saying this is the EB-3 Other Workers Category suddenly became unavailable in the middle of this month, which was quite baffling to say the least. So, even though I agree with what your lawyer says, I don't think we can rule out the possibility of a curve ball being thrown in the middle of July. So may be, you can let your lawyer know that your initial question was based on the EB-3 Other Worker category becoming unavailable in the middle of the month without any warning and if USCIS can legally do something for the categories we are concerned about.
------------------------------------------------------------------------
Thanks for making me look like an idiot in front of my lawyer and HR, everyone.
Based on RUMORs, I asked my lawyer this question:
Quote:
I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.
And I got this reply :
Quote:
Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.
Reply With Quote
------------------------------------------------------------------------
I do not think what you asked was illogical. The only reason I'm saying this is the EB-3 Other Workers Category suddenly became unavailable in the middle of this month, which was quite baffling to say the least. So, even though I agree with what your lawyer says, I don't think we can rule out the possibility of a curve ball being thrown in the middle of July. So may be, you can let your lawyer know that your initial question was based on the EB-3 Other Worker category becoming unavailable in the middle of the month without any warning and if USCIS can legally do something for the categories we are concerned about.
------------------------------------------------------------------------
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The calculation done by Bharatpremi seems to have flawed while calculating spill-over. Spill-over is first by preference and then by country. That is how till VB of August 2009, you see ROW EB1/2 was current and ROW EB3 was U and EB2I was in 2003.
Now, considering spill-over by preference first, the following could be a conservative analysis:
I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.
Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
- All EB4/5 cases till end of 2010 FY - 2000
- ROW, Mexico, Phil EB1/2 - 8000
- EB1 I/C - 1000
- The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006
Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).
Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000
Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
Assuming 15% go to CP.
Total number for AOS = 119000
EB1 (28.6%) - 34034
EB2 (28.6%) - 34034
EB4 (7%) - 8330
EB5 (7%) - 8330
Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728
So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:
Oct 2009 - Dec 2009: Jan/Feb 2005
Jan 2010 - June 2010: Mar/Apr 2005
Jul 2010 - Sep 2010: Feb/Apr 2007
Now, considering spill-over by preference first, the following could be a conservative analysis:
I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.
Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
- All EB4/5 cases till end of 2010 FY - 2000
- ROW, Mexico, Phil EB1/2 - 8000
- EB1 I/C - 1000
- The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006
Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).
Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000
Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
Assuming 15% go to CP.
Total number for AOS = 119000
EB1 (28.6%) - 34034
EB2 (28.6%) - 34034
EB4 (7%) - 8330
EB5 (7%) - 8330
Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728
So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:
Oct 2009 - Dec 2009: Jan/Feb 2005
Jan 2010 - June 2010: Mar/Apr 2005
Jul 2010 - Sep 2010: Feb/Apr 2007
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I think here everybody are agreeing to the same thing. Some valid points,
1) People are agreeing pre-LTTE situation was no rosy.
2) Sinhala-Tamil conflict has some deeper socio-ecomomic reasons
3) Sinhala people were less tolerant. Like usually adaptable minorities, SL Tamils did not learn Sinhalese when "Sinhala-Only" policy came. (while everybody learnt English (and many Chinese) in Singapore.
4) Indian politicians (whatever reasons they might have) in 1980s supported LTTE - camps run by RAW and Indian Army trained LTTE. So, we created a monster. Just like American forces trained OBL in Afghanistan as part of Mujahideen against Russians. So, we reaped what we sowed.
5) Some spineless leaders from TN support LTTE. More than anybody they dont know the difference. Or may be to harvest some votes by flaring up emotions.
6) LTTE is evil and has no place on earth.
7) As soon as conflict is over, we have to make sure that SL will really understand how to solve the crisis. SL has to become secular, adapt common business language (English??) and coexist with the north. Short term, they should perhaps grant limited autonomy. It was done earlier and it worked almost everytime, Just need some leadership. Again, this should be our hope and suggestion. No self-respecting country can be told what to do. We can suggest in exchange for some favors. Or else we will be marginalized.
And for good, we should not meddle into others affairs. Whether we hate or love Congress, we all know Rajiv Gandhi would have made lot of difference than many weak PMs we saw after PVN. We lost him in hands of an evil orgn. So, pray that they are eliminated with ZERO innocent people being killed.
1) People are agreeing pre-LTTE situation was no rosy.
2) Sinhala-Tamil conflict has some deeper socio-ecomomic reasons
3) Sinhala people were less tolerant. Like usually adaptable minorities, SL Tamils did not learn Sinhalese when "Sinhala-Only" policy came. (while everybody learnt English (and many Chinese) in Singapore.
4) Indian politicians (whatever reasons they might have) in 1980s supported LTTE - camps run by RAW and Indian Army trained LTTE. So, we created a monster. Just like American forces trained OBL in Afghanistan as part of Mujahideen against Russians. So, we reaped what we sowed.
5) Some spineless leaders from TN support LTTE. More than anybody they dont know the difference. Or may be to harvest some votes by flaring up emotions.
6) LTTE is evil and has no place on earth.
7) As soon as conflict is over, we have to make sure that SL will really understand how to solve the crisis. SL has to become secular, adapt common business language (English??) and coexist with the north. Short term, they should perhaps grant limited autonomy. It was done earlier and it worked almost everytime, Just need some leadership. Again, this should be our hope and suggestion. No self-respecting country can be told what to do. We can suggest in exchange for some favors. Or else we will be marginalized.
And for good, we should not meddle into others affairs. Whether we hate or love Congress, we all know Rajiv Gandhi would have made lot of difference than many weak PMs we saw after PVN. We lost him in hands of an evil orgn. So, pray that they are eliminated with ZERO innocent people being killed.
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Wow - yes, I obviously wasn't getting the point! Thanks UN for clarifying it.
My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.
I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.
My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.
I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.
Following text is from IV's about page
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
Man this is complicated. I agree with you.
Any changes to the law have to be beneficial to all three IV constituents, i.e. EB-3 ROW, EB-2 India and EB-3 India.
This is not a legal issue. And this is not an issue of morality.
This is a political issue, and like all political issues, it involves self-interests of different groups. Those different groups have to come together, agree upon a common denominator, and work towards a common goal.
As an example, all indications are that this summer, our fate would be tied with that of CIR. Core group would be working to make sure that laws beneficial to us are passed. However, we will have to work with the illegal aliens and try to get CIR passed. Its not fair that they have been here illegally, while we have been here legally. But it doesn't matter whats fair and what is not.
What matters is that we got to work with them to achieve a common goal (CIR.) Likewise, the three constituents of this forum have to work together to achieve a common goal (relief for all.)
Lets see how long it takes before I have to reiterate this point. The clock starts now.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
Any changes to the law have to be beneficial to all three IV constituents, i.e. EB-3 ROW, EB-2 India and EB-3 India.
This is not a legal issue. And this is not an issue of morality.
This is a political issue, and like all political issues, it involves self-interests of different groups. Those different groups have to come together, agree upon a common denominator, and work towards a common goal.
As an example, all indications are that this summer, our fate would be tied with that of CIR. Core group would be working to make sure that laws beneficial to us are passed. However, we will have to work with the illegal aliens and try to get CIR passed. Its not fair that they have been here illegally, while we have been here legally. But it doesn't matter whats fair and what is not.
What matters is that we got to work with them to achieve a common goal (CIR.) Likewise, the three constituents of this forum have to work together to achieve a common goal (relief for all.)
Lets see how long it takes before I have to reiterate this point. The clock starts now.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
