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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 10-22-2009, 12:35 AM
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Default Can't we challenge the discriminatory country wide quota law?

Can't we challenge the discriminatory country wide quota law?

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  #2 (permalink)  
Old 10-22-2009, 02:00 AM
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it would be good if we could. However, there is no provision in the constitution that prevents setting such a quota. It is a matter of law as passed by the house and senate. There are no constitutional or legal basis to challenge it. Only change to remove it has to come from law.
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  #3 (permalink)  
Old 10-22-2009, 12:42 PM
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Default Agreed. IV Core seek your guidance.

Quote:
Originally Posted by khodalmd View Post
I differ with you. The US amendments says "no discrimination for employment for sex, color, country of origin etc" Discrimination act does not cover Immigration hence no one can challenge per-country limit for family based immigration. However, Employment based immigration is not only just immigration but it is immigration based on Employment. Once "Employment" issue is partially involved, one can challenge discrimination based on "Country of Origin" . I think, we have some ground. No one has looked seriously in this matter.
IV Core seek your guidance.

I know many of us IV members will not like this idea.
Hope you will understand us.
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  #4 (permalink)  
Old 10-22-2009, 12:49 PM
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Default Maybe outside of IV

I remember that this issue was once part of IV's agenda, but probably discontinued now (on the home page).

I think those of us interested might have to form a special group outside of IV to pursue this.
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  #5 (permalink)  
Old 10-22-2009, 01:42 PM
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Quote:
Originally Posted by rsharma View Post
IV Core seek your guidance.

I know many of us IV members will not like this idea.
Hope you will understand us.
It is an of IV agenda item
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  #6 (permalink)  
Old 10-22-2009, 02:05 PM
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Default Are we working this with lawsuit ?

Quote:
Originally Posted by pappu View Post
Are we working on Lawsuit for country cap ? Or we are asking lawmakers to change it when CIR debate will be there in next year ?
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  #7 (permalink)  
Old 10-22-2009, 02:23 PM
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Default

Personally, I think eliminating country cap would only partially solve our problem. Without recapture or an increase in annual limits, EB2 and EB3 would be backlogged for a long time!
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  #8 (permalink)  
Old 10-22-2009, 02:47 PM
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Default

I think country caps will go away under CIR, for the simple reason that a vast majority of illegal immigrants in this country are from one country. Also, the vast majority of FB sponsors are from one country too.

Now if you were to apply country caps on the legalization of illegal immigrants, then the whole immigration problem would not be solved anyway. Ditto for family reunification.

And if you do not apply country caps on the above processes, then it follows that it wont be applied to EB.

If nothing else I think there will be atleast a one time relaxation on country caps.

Just my 2 cents.
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  #9 (permalink)  
Old 10-22-2009, 02:59 PM
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Default I agree with you..

Quote:
Originally Posted by vinzak View Post
I think country caps will go away under CIR, for the simple reason that a vast majority of illegal immigrants in this country are from one country. Also, the vast majority of FB sponsors are from one country too.

Now if you were to apply country caps on the legalization of illegal immigrants, then the whole immigration problem would not be solved anyway. Ditto for family reunification.

And if you do not apply country caps on the above processes, then it follows that it wont be applied to EB.

If nothing else I think there will be atleast a one time relaxation on country caps.

Just my 2 cents.
I pity on those family based filler from India and other countries whose wait time is almost half than Mexico. Under CIR they will be back in line after Mexico and without quota increase Mexico will takes years before Indian applicant will get chance..
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  #10 (permalink)  
Old 10-22-2009, 03:13 PM
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Default CIR may or maynot pass

While it will be good if CIR passes, it will not be prudent to have all our hopes on that alone.

If this can be resolved through lawsuit or something, that should not be put on hold in the hope of the CIR.
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  #11 (permalink)  
Old 10-22-2009, 03:28 PM
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Default

Quote:
Originally Posted by vinzak View Post
I think country caps will go away under CIR, for the simple reason that a vast majority of illegal immigrants in this country are from one country. Also, the vast majority of FB sponsors are from one country too.

Now if you were to apply country caps on the legalization of illegal immigrants, then the whole immigration problem would not be solved anyway. Ditto for family reunification.

And if you do not apply country caps on the above processes, then it follows that it wont be applied to EB.

If nothing else I think there will be atleast a one time relaxation on country caps.

Just my 2 cents.
The past CIR bills did not have country caps on legalization provisions, but had country caps on EB quota. So you are wrong to think county quota will go away.
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  #12 (permalink)  
Old 10-22-2009, 03:35 PM
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Arrow Nostalgic IV thread on this very same topic:

Quote:
Originally Posted by imh1b View Post
The past CIR bills did not have country caps on legalization provisions, but had country caps on EB quota. So you are wrong to think county quota will go away.
Nostalgic IV thread on this very same topic: Click here (being born in India is a Bad Karma or what?)

there were actully many more...
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  #13 (permalink)  
Old 10-22-2009, 04:09 PM
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Default

This would be difficult as this regulation is actually there to make sure that everyone will get a fair chance. It ensures that no one single country can get more than x number of green cards in a year so that the GCs will be equally distributed among all countries.

Quote:
Originally Posted by khodalmd View Post
I differ with you. The US amendments says "no discrimination for employment for sex, color, country of origin etc" Discrimination act does not cover Immigration hence no one can challenge per-country limit for family based immigration. However, Employment based immigration is not only just immigration but it is immigration based on Employment. Once "Employment" issue is partially involved, one can challenge discrimination based on "Country of Origin" . I think, we have some ground. No one has looked seriously in this matter.
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  #14 (permalink)  
Old 10-22-2009, 04:18 PM
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Default

Quote:
Originally Posted by IfYouSeekAmy View Post
This would be difficult as this regulation is actually there to make sure that everyone will get a fair chance. It ensures that no one single country can get more than x number of green cards in a year so that the GCs will be equally distributed among all countries.
i agree with you on the fact that no country should get more green cards than another so that each country has a chance. but it is wrong to discriminate at the same time when there are many applicants from one HUGE country such as China and India. The population density needs to be considered, rather than country. The population density is the same for Pakistan and India, but since the country is very small compared to India, the number of applicants are fewer too. But when applicants are considered as per density, they are pretty much the same.
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  #15 (permalink)  
Old 10-22-2009, 04:19 PM
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Default

Quote:
Originally Posted by imh1b View Post
The past CIR bills did not have country caps on legalization provisions, but had country caps on EB quota. So you are wrong to think county quota will go away.
you are correct. the CIR had a country cap at 10%. This is still way too low. Maybe increase the cap to 25% sounds reasonable.
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