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  • paskal
    07-21 10:43 PM

    where are you seeing the year to year count of AC 21 number usage?
    i see the 2001-2003 figure in mpadapa's link, what about the rest?

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  • redcard
    05-29 01:14 PM
    "This is due, in part, to huge increases in the usage of EB4 and EB5 categories"

    Something funky in this ,, where are all these religious workers on EB4 coming in US and where do they work� I think this is another fraud. Seems like folks have started using this category now to get people from India.. and EB5 where is the money to invest in this market.. Seems like another fraud happening.. or software engineers now coming to US to Religious workers..

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  • gc4me
    03-27 08:56 AM
    By Apr 26, if the LC Sub elimination becomes effective, will USCIS reject all pending LC Sub cases (I mean pending I-140, 485 etc using LC Sub) ?
    Any idea, please reply. Or USCIS will continue processing them as usual?

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  • mbartosik
    02-13 10:56 PM
    you cannot sue for incompetence, or the courts would be full!


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  • swo
    07-12 09:22 PM
    Well then what are you doing here in USA? Why you are not in Canada, Australia or wherever the f@@k you think is good and better than USA?

    As I mentioned, I love it in the States. But to love the States is not to say other places are not also very good. And when weighing your options between perpetual immigration and settling somewhere else, there might be value in considering other options. Which by the way, is the point of the this thread. Perhaps nuance is lost on someone of your obvious genius.

    Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.

    You on the other hand, contributed exactly what to the conversation?

    I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"

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  • sodh
    01-28 07:28 PM
    Thanks for the clarification msyedy, and your valuable time.


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  • oguinan
    02-13 11:29 AM
    I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.

    On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...

    to file a 485 a person has to be in non immigrant status.

    The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.

    it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.

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  • soljabhai
    12-14 03:33 PM
    Personally I do not believe that the 7% limit is discrimination. The 7% limit for all countries appears to be equal, it leads to an issue as described below.

    2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.

    Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?

    I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)


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  • she81
    02-13 02:54 PM
    I'm all in for it if we decide to pursue something like that. If other (smaller) categories can do it, EB has a huge following. Remember, many sufferers came forth to volunteer in last July's AILA lawsuit that never materialized. I don't think we'll have a problem gathering suffering souls for this cause.

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  • qvadis
    02-13 06:44 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.

    (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....


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  • newtoearth
    05-03 01:36 AM

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  • visves
    02-14 07:23 PM
    If we increase the number of links from other web-sites, blogs etc to, then immigrationvoice should show up earlier.

    If you google retrogression, IV doesn't show up until page 2.
    Is there anyway we can change this? So that IV is the first link that shows up? Anyway know about this.


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  • yabadaba
    08-04 03:05 PM
    seriously...when we are done with our current task of retrogression relief we should modify IV's goals to ensure that loopholes like labor substitution are eliminated.

    let us get credible as a citizen effort for fair, reliable and efficient immigration process.

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  • amitga
    02-15 02:39 PM
    The counter argument to this statement is that when I was hired I was told that it would take 2-3 years to get the Green Card and then you can live in this country. I made certain investments, commitments in this country based on this fact. Now either I stay here as slave or loose on all those things that I did thinking that I will stay in this country forever or for next 10-15 yrs. Some of the problems that tied me to this country are :
    1) Buying a house
    2) Child education : Child cannot go back to home country and countinue education due to language of instruction.
    3) Immovable Investments like 401K and not investing in my own country e.g. PF in India.
    4) Making life insurances. I am too old to take a new life insurance as the premium will be too high and I cannot afford to pay my current life insurance as US as it would be difficult to them with my earnings in the home country.

    And the list can go on and on. There are the things that habe tied me and I am no longer free to leave. If would have know earlier that the GC will take 10 years I would have not bought a house, left US before my kid started school, might have took a life insurance in home country etc. In fact same argument prevails that why were the dates made current last July. That send a wrong message and people made more investments.

    Your above statement is true, but it doesn't apply to EB situation. A slave is not allowed to leave, you are allowed to leave time, at your free will. Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.

    Laws are pretty clear, its just that we are stuck in the process created by those laws and we want to call it "slavery".

    This debate will have a conclusive output if we think from our mind instead from our heart. No point in getting emotional about the situation, this debate needs pragmatic thinking and discussion about the possible lawsuit.

    Slavery is not a valid argument so no point in mentioning it. Also, whether of not we have a cause depends on the law and not on the logic or the emotional aspect of the debate.


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  • Michael chertoff
    07-17 08:43 AM
    Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.

    I am sorry pappu.


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  • Lasantha
    12-14 04:31 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?


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  • vivid_bharti
    05-01 05:31 PM
    Thread was opened in the support of Tamil Srilanakan civilians not LTTE, India should pressurise Sri Lanka to stop attrocities & killing of civilians, but again who will say it ??? Was there a FM ? a PM ? all puppets...
    "Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

    Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

    "Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.

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  • srkamath
    07-21 09:01 PM

    Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.

    that's right, vdlrao is spot on (as usual) with the analysis.
    A recapture loop is already built into the system, the subtraction of the unlimited category numbers acts sort of like a negative-feedback loop, keeping the numbers stable.
    USCIS processing efficiency affects mostly EB categories, it doesn't affect FB much which has hard 7% limits / country.

    vdlrao's clear analysis suggests that FY 2008 could see more than 70,000 EB2s issued in total.
    EB2 In/CH being retrogressed will get the maximum benefits.
    USCIS is definitely capable of processing 12k to 15k per month.
    EB2 will become current for all countries very soon.
    EB3 will then get a lot of spillovers, ensuring rapid movement.

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  • gomirage
    06-17 07:22 PM
    Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
    Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.

    oh yeah !!! Like the companies in this story.

    12-13 10:39 PM
    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing.

    Not necessarily. The antis are mad because the country quotas are effectively limiting European immigration. Read how this fellow rails against the country quotas in his book:

    10-17 02:20 PM
    I wouldn't worry too much about getting a job offer before getting there. In fact I would suggest take your time to relax/look for jobs/business opportunities when you get there. You will be a PR and will have plenty of opportunities if you are not in a field requiring a license. In fact, the best part about being a PR is the doors it opens. Consider whatever interests you and makes good money!
    I know several ppl who have landed in Canada and switched fields.

    I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.

    I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.

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