Macaca
06-27 11:03 AM
From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
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thepaew
12-13 04:24 PM
The US Constitution is a very concise document. Here is a link to it.
http://www.usconstitution.net/const.html
I don't think that per-country caps on immigration are unconstitutional. Please note that I am affected by this and would be very happy if the caps are lifted, but I do not think that this approach is viable and that this is the best use of our limited resources.
I also disagree with your premise that corporations want to see the caps lifted.
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
http://www.usconstitution.net/const.html
I don't think that per-country caps on immigration are unconstitutional. Please note that I am affected by this and would be very happy if the caps are lifted, but I do not think that this approach is viable and that this is the best use of our limited resources.
I also disagree with your premise that corporations want to see the caps lifted.
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
bsnf
07-10 11:08 AM
Good Luck.
I think you should publish your story.
I think you should publish your story.
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digmetalq
08-17 02:55 AM
It all makes sense now:
Questioning a Bollywood V.I.P. Named Khan - The Lede Blog - NYTimes.com (http://thelede.blogs.nytimes.com/2009/08/15/questioning-a-bollywood-vip-named-khan/)
" Mr. Khan is also working on a new film, �My Name Is Khan,� about racial profiling of Indian Muslims living in the United States after the Sept. 11 attacks."
What a way to get the publicity for the film.
Wow.
We are all tricked into this debate.
This is my last post on this thread. And I am not going to watch this film.
It maybe fun for all the people in this forum to read and debate, it maybe a spoof that srk was mistreated at the entry point. but it is not spoof for all my friends with muslim names. I have travelled with them, and I know the reality.
Questioning a Bollywood V.I.P. Named Khan - The Lede Blog - NYTimes.com (http://thelede.blogs.nytimes.com/2009/08/15/questioning-a-bollywood-vip-named-khan/)
" Mr. Khan is also working on a new film, �My Name Is Khan,� about racial profiling of Indian Muslims living in the United States after the Sept. 11 attacks."
What a way to get the publicity for the film.
Wow.
We are all tricked into this debate.
This is my last post on this thread. And I am not going to watch this film.
It maybe fun for all the people in this forum to read and debate, it maybe a spoof that srk was mistreated at the entry point. but it is not spoof for all my friends with muslim names. I have travelled with them, and I know the reality.
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krish2005
01-14 01:35 PM
This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.
This is comedy. This El_Guapo wants to give green to his own post. Oh man, what an idea to get greens. :D
This is comedy. This El_Guapo wants to give green to his own post. Oh man, what an idea to get greens. :D
vbkris77
05-29 11:14 AM
So when there is less demand, they screwed us by not processing on-time and when there is more demand, they are processing ROW fast to give them more visas, so there won't be any spill-over. What a convenient system????
Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
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HereIComeGC
02-15 12:43 PM
"CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about"
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
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Legal
07-23 10:20 PM
Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
In other words can they change the rules for spillover once again ..say next year ?
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
In other words can they change the rules for spillover once again ..say next year ?
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
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gc_on_demand
08-04 11:49 AM
I don't think USCIS has any idea as to how much "enough" visa they have....They function randomly...so plz dont draw any conclusions from who is getting a GC now. It could be the last person filed with latest PD while everyone else waits for their GC!
Just wait and watch. Sept dates will throw some light as to how much of the available visas have they used. (if all, PD will be U, If most/majority: PD will stay same, if less than half: PD will move forward--may be C:p)
What will be picture if we get some Family based unsed visa into Pool ?
Just wait and watch. Sept dates will throw some light as to how much of the available visas have they used. (if all, PD will be U, If most/majority: PD will stay same, if less than half: PD will move forward--may be C:p)
What will be picture if we get some Family based unsed visa into Pool ?
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Sideliner
09-23 01:41 PM
..On the other hand though, those on the other side will think that this proves their point --- they are losing jobs and money -- immigrants are taking it. They are losing houses and properties --- immigrants are taking it. They will put the blame on us.
This is a very good point, while considering the good press you MAY get, also think about how many Lou's shows can use the same material to spread more hatred.
This is a very good point, while considering the good press you MAY get, also think about how many Lou's shows can use the same material to spread more hatred.
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snathan
08-20 10:31 PM
^^^Not sure about the credibility of this news since its from TOI, but SRK seems to have bitten off a little more than he could chew! Rest assured, he will get his publicity one way or the other. :D
SRK also equally crap to talk about...so lets give this thread rest to peace..
SRK also equally crap to talk about...so lets give this thread rest to peace..
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sachug22
09-15 03:25 PM
Hi ocpmachine,
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
vdlrao,
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
vdlrao,
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
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oguinan
02-15 08:19 PM
Sure it is. Check the UN definition.
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
The two paragraphs following the one that you just quoted read:
2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
According to the UN resolution immigration and naturalization laws do not constitute "racial discrimination" by definition. The quota based system does discriminate against people from China and South Asia. But the law as originally established did not intend to do this.
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
The two paragraphs following the one that you just quoted read:
2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
According to the UN resolution immigration and naturalization laws do not constitute "racial discrimination" by definition. The quota based system does discriminate against people from China and South Asia. But the law as originally established did not intend to do this.
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ras
07-06 02:49 AM
Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
I think if you are with the employer and your GC got approved. You probably ought to work for the employer atleast for 6 months to one year. If you could have used AC 21 already before approval then things would have been different.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
I think if you are with the employer and your GC got approved. You probably ought to work for the employer atleast for 6 months to one year. If you could have used AC 21 already before approval then things would have been different.
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mallu
05-14 03:26 AM
Next wave of investments will go here :
http://www.hindu.com/2007/05/14/stories/2007051407820100.htm
Companies in line : IBM, MicroSoft, Dell, Sun, HP etc.
http://www.hindu.com/2007/05/14/stories/2007051407820100.htm
Companies in line : IBM, MicroSoft, Dell, Sun, HP etc.
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ItIsNotFunny
03-26 01:19 PM
......because you are using labor substitution.
At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.
This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.
Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!
I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.
Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!
I am not using, but I still agree that given opportunity you should use it.
At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.
This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.
Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!
I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.
Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!
I am not using, but I still agree that given opportunity you should use it.
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alisa
02-13 08:07 PM
You may not be wrong! (Though you are stretching it a bit too far.)
We are not here to do justice. We are all here for our self-interests.
I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?
We are not here to do justice. We are all here for our self-interests.
I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?
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ita
03-30 02:37 PM
Though you don't seem to be very articulate about Indian political scenario let me ask you didn't you know why nuclear deal was/is always called controversial?Why it was not at all popular among the masses
In Telugu apparently there is a saying coming from during the Nawab days in Hyd.
It translates to this..
A honorable pretty woman spotted by Nawab was given the ultimatum to either join his harem (where of course she will be showered with all luxuries) or she will be branded slut.
I don't know if I'm missing something but this pretty much explains Nuclear deal. Only time will tell what luxuries country will reap from it.
Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.
In Telugu apparently there is a saying coming from during the Nawab days in Hyd.
It translates to this..
A honorable pretty woman spotted by Nawab was given the ultimatum to either join his harem (where of course she will be showered with all luxuries) or she will be branded slut.
I don't know if I'm missing something but this pretty much explains Nuclear deal. Only time will tell what luxuries country will reap from it.
Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.
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lazycis
02-14 03:49 PM
Here is my 2 cents on this
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
Can you cite a provision of the INA that unused EB numbers cannot be reused? There is a provision that DV lottery number expire at the end of a fiscal year. The absence of such provision for EB numbers proves that Congress did not want to prevent recapture of EB or famili-based numbers. Moreover, such recapture happened several times in the past. Plus, check Galves v. Howerton ruling a few pages back.
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
Can you cite a provision of the INA that unused EB numbers cannot be reused? There is a provision that DV lottery number expire at the end of a fiscal year. The absence of such provision for EB numbers proves that Congress did not want to prevent recapture of EB or famili-based numbers. Moreover, such recapture happened several times in the past. Plus, check Galves v. Howerton ruling a few pages back.
grupak
12-14 01:13 PM
--Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.
I know, I accidently quoted you instead of villamonte6100. Sorry about that.
I know, I accidently quoted you instead of villamonte6100. Sorry about that.
H1BinNY
07-04 09:48 AM
Kitty Eisele
keisele@npr.org
keisele@npr.org
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