manja
02-01 08:56 PM
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GCStatus
09-14 04:05 AM
Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Just the fact that, they keep going back from Current to Unavailable to 2006 to 2003 to etc, we have right to sue. Reasons below.
Financial loss.
Loss of business opportunity
Mental stress
Lack of moblility
List can go on.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Just the fact that, they keep going back from Current to Unavailable to 2006 to 2003 to etc, we have right to sue. Reasons below.
Financial loss.
Loss of business opportunity
Mental stress
Lack of moblility
List can go on.
GC08
07-08 11:51 AM
People have been thinking that all along and have been lying motionless like a crocodile doing sunbath. USCIS have been retrogressing the Visas and at the same time consistently wasting Visa numbers every years. Shouldn't they have already been sued for that. We'll not do anything today just because it take 2-3 years. But what if they screw us again after 2-3 years. Dodn't you think we should keep fighting for injustice even if the benifit may not come to our generation but should pass to coming generation. If every body will become so much short sighted nobody would care for global warming, alternative eneryg options etc...
The suit is long over due. If we do not do it, they will never learn the lesson and they will continue screw not only us, but the future generation again and again. I wish the previous generation had done that for them as well as for us, and we would not have been in such a pathetic situation. :mad:
The suit is long over due. If we do not do it, they will never learn the lesson and they will continue screw not only us, but the future generation again and again. I wish the previous generation had done that for them as well as for us, and we would not have been in such a pathetic situation. :mad:
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gc_maine2
04-21 08:12 PM
Sorry to see this news, May his SOUL rest in peace.. my prayers are for his family... This is a very shocking news.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
more...
walking_dude
10-08 02:42 PM
Have you been hit on the head by a hammer? I see a future Ron Hira in you.
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....
gcforevr
07-09 03:46 PM
here's a writeup for reporters.
"One the Eve of July 4th, US Rejects Permanent Residency Applications of Law-Abiding, Tax-Paying, High-Skilled Legal Immigrants Including Doctors, Scientists and Engineers"
Justice, freedom, equal opportunity and meritocracy are the pillars on which modern America is built upon. This country has opened its doors with a warm smile and a big heart for every hard working, highly-skilled legal immigrant who has one common thing more than anything else with every American � the American dream. Andy Grove of Intel, Sergey Brin of Google, Vinodh Khosla of Sun Microsystems are excellent examples of people who migrated to the US for higher education and then went on to found billion-dollar companies that employs thousands of Americans.
Everyday pressures at work, paying for mortgage, taking care of children are challenges that every working American goes through. But little is known about the silent pain and anxiety of high-skilled, tax-paying, law-abiding doctors, engineers and scientists who have to constantly keep track of their position in the "queue" to obtain their permanent residency status, more commonly the 'green card', as a first step towards calling America their home. Sometimes, the wait in the line can last as long as ten years. The wait comes with several restrictions like being bound to the particular job position with the sponsoring employer for as many years, foregoing promotions and inability to change jobs at will � work conditions unimaginable for an average American employee.
Sometimes the position in the long queue moves forward, when even a small movement causing immense joy and anticipation among the employees while sometimes the position moves backwards causing the employee to endure further pain. Historically the US government has opened the doors for the final stage of the green card application (where the applicant can adjust or change their status from any current non-immigrant status to a permanent resident status) every 3 years or so for a small window of time that typically lasts 30 -60 days. On June 13 th 2007 when the US government announced that July 2nd 2007 was the beginning of the one such window of time, the news sent thousands of prospective applicants into a tizzy mixed with relief, anticipation and joy. Many spent thousands of dollars in preparing required documentation, lawyer fee and canceling travel arrangements, to get their applications in on the first day itself.
Alas! With a hitherto unprecedented action, on the morning of July 2nd 2007, the same US government agency, with a terse and nondescript press release went back on its promise and slammed its door shut for any green card application. This action is clearly condemnable, unacceptable and unfair to thousands of high-skilled employees who contribute positively towards strengthening the US economy. Many feel wounded at the inhumane treatment in the hands of US immigration department and are contemplating migrating back to their homeland or to more immigrant friendly countries. However, a strong majority still trusts the US government to implement meaningful reforms specifically targeting legal immigrants while they continue to endure untold sufferings.
"One the Eve of July 4th, US Rejects Permanent Residency Applications of Law-Abiding, Tax-Paying, High-Skilled Legal Immigrants Including Doctors, Scientists and Engineers"
Justice, freedom, equal opportunity and meritocracy are the pillars on which modern America is built upon. This country has opened its doors with a warm smile and a big heart for every hard working, highly-skilled legal immigrant who has one common thing more than anything else with every American � the American dream. Andy Grove of Intel, Sergey Brin of Google, Vinodh Khosla of Sun Microsystems are excellent examples of people who migrated to the US for higher education and then went on to found billion-dollar companies that employs thousands of Americans.
Everyday pressures at work, paying for mortgage, taking care of children are challenges that every working American goes through. But little is known about the silent pain and anxiety of high-skilled, tax-paying, law-abiding doctors, engineers and scientists who have to constantly keep track of their position in the "queue" to obtain their permanent residency status, more commonly the 'green card', as a first step towards calling America their home. Sometimes, the wait in the line can last as long as ten years. The wait comes with several restrictions like being bound to the particular job position with the sponsoring employer for as many years, foregoing promotions and inability to change jobs at will � work conditions unimaginable for an average American employee.
Sometimes the position in the long queue moves forward, when even a small movement causing immense joy and anticipation among the employees while sometimes the position moves backwards causing the employee to endure further pain. Historically the US government has opened the doors for the final stage of the green card application (where the applicant can adjust or change their status from any current non-immigrant status to a permanent resident status) every 3 years or so for a small window of time that typically lasts 30 -60 days. On June 13 th 2007 when the US government announced that July 2nd 2007 was the beginning of the one such window of time, the news sent thousands of prospective applicants into a tizzy mixed with relief, anticipation and joy. Many spent thousands of dollars in preparing required documentation, lawyer fee and canceling travel arrangements, to get their applications in on the first day itself.
Alas! With a hitherto unprecedented action, on the morning of July 2nd 2007, the same US government agency, with a terse and nondescript press release went back on its promise and slammed its door shut for any green card application. This action is clearly condemnable, unacceptable and unfair to thousands of high-skilled employees who contribute positively towards strengthening the US economy. Many feel wounded at the inhumane treatment in the hands of US immigration department and are contemplating migrating back to their homeland or to more immigrant friendly countries. However, a strong majority still trusts the US government to implement meaningful reforms specifically targeting legal immigrants while they continue to endure untold sufferings.
more...
mashu
08-13 02:35 PM
Hi all,
any advice/suggestion in my case:
EB3
I-140 is approved on Jun 15, 2007, Premium processing, in Texas
I485 package delivered to Nebraska on July 2, 11:35 am and is singed by ... whoever..
I've registered on the https://egov.uscis.gov/cris/jsps/index.jsp
site and all times before LUD for my I140 was 6/16/2007 until today
Today LUD for is updated to 8/12/2007.
Checks have not been cashed.
Please anybody is in the same sutiation???
any advice/suggestion in my case:
EB3
I-140 is approved on Jun 15, 2007, Premium processing, in Texas
I485 package delivered to Nebraska on July 2, 11:35 am and is singed by ... whoever..
I've registered on the https://egov.uscis.gov/cris/jsps/index.jsp
site and all times before LUD for my I140 was 6/16/2007 until today
Today LUD for is updated to 8/12/2007.
Checks have not been cashed.
Please anybody is in the same sutiation???
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casinoroyale
08-17 02:00 PM
Anybody tried entering USA by road using AP after they applied for H1-B visa and it got into admin processing or PIMS delays?
more...
desi3933
07-09 09:46 PM
Desi393, FinalGC, Ramba:
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation.....
First read this post.
http://immigrationvoice.org/forum/473142-post12.html
This should clear your doubt. You can read RFE issued by USCIS on other forum as well. The word "permanent" is right there.
.
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation.....
First read this post.
http://immigrationvoice.org/forum/473142-post12.html
This should clear your doubt. You can read RFE issued by USCIS on other forum as well. The word "permanent" is right there.
.
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sanprabhu
02-15 03:25 PM
ID - 4GJ15926BN616724N
$50 donation.
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sammyb
11-21 10:42 AM
Dear Mehul,
I was spellbound after seeing this thread and going thru it ... It is something beyond anyone's imagination ... as I saw on Ramdev's program and on Astha channel (www.aasthatv.com), Yoga and Pranayama has cured some of the most incurable diseases... I would request you to try Pranayama ... I have the Ramdev�s Pranayama DVD with me ... pass me your address in PM and I will mail it to you...
I have nothing else to say ... It is indeed a sad news ... I pray to almighty to give you courage and have faith on your believes...
Sammy
I was spellbound after seeing this thread and going thru it ... It is something beyond anyone's imagination ... as I saw on Ramdev's program and on Astha channel (www.aasthatv.com), Yoga and Pranayama has cured some of the most incurable diseases... I would request you to try Pranayama ... I have the Ramdev�s Pranayama DVD with me ... pass me your address in PM and I will mail it to you...
I have nothing else to say ... It is indeed a sad news ... I pray to almighty to give you courage and have faith on your believes...
Sammy
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desi3933
07-09 11:19 AM
it says nothing about who can file an application.
it only says the "status may be adjusted" IF.....
I-485 application is nothing but application to "adjust the status". Section 245 govern the area of I-485 filing and approval (or denial).
Also, read (3) again in previous post
an immigrant visa is immediately available to him at the time his application is filed.
Do you know that "his application" means here. Right, it is I-485 application.
______________________
Not a legal advice.
it only says the "status may be adjusted" IF.....
I-485 application is nothing but application to "adjust the status". Section 245 govern the area of I-485 filing and approval (or denial).
Also, read (3) again in previous post
an immigrant visa is immediately available to him at the time his application is filed.
Do you know that "his application" means here. Right, it is I-485 application.
______________________
Not a legal advice.
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fundo14
05-30 10:26 AM
fundo...i am doing landing tomorrow
the application for PR says that enclosed photo is my photo or something like that...so i was wondering will they require photos.
I have used AP already and my I-94 states AOS
Hi Maag,
Yes! My I-94 says AOS. I am landing through rainbow bridge in Nigara somewhere later Next week.
Please share your experince once you complete your landng tomorrow.
It will help many of us who are in same boat.
what is your port of entry in canada?
Thanks!
the application for PR says that enclosed photo is my photo or something like that...so i was wondering will they require photos.
I have used AP already and my I-94 states AOS
Hi Maag,
Yes! My I-94 says AOS. I am landing through rainbow bridge in Nigara somewhere later Next week.
Please share your experince once you complete your landng tomorrow.
It will help many of us who are in same boat.
what is your port of entry in canada?
Thanks!
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senthil1
10-25 06:12 PM
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
more...
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blackberry
08-27 09:52 AM
Bump..
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spicy_guy
02-02 07:18 PM
Well guys...
I agree that India is a land of pollution - polluted air and polluted minds (corruption, jealousy, materialistic attitude), it is still a very native part of our life. No matter where we live on this planet, whatever hapens in India, we do get affected by it.
I just visited India after 7 years. As far as India goes, I love:
-- My parents living there, perhaps they will never come to USA to stay with me permanently, and
-- The school kids I see on road in their school uniform, waiting for their school vans or walking as a group, making jokes and laughing out of their breath.
I always wonder that they do not know what hardhsip lies ahead of them, when they grow up after finishing their school - competition to get college admission, studies, competitive jobs, corruption, ever rising cost of living, etc. etc.
Most of my old friends in India have gone too busy in making money and 'rising on the top". It is as if they are in some kind of a race in panic, so they don't get left behind everybody else and what not.
What does "rising on the top" mean anyway? Whom are you collecting money for?
I recently bought the latest Samsung 3D LED TV to have a better movie experience. And I noticed that I enjoyed movies on small 22" inch TV more than I enjoy on a big LED TV - provided the movie is good and I have a good company.
So my friend (who is leaving for India)...
You can find happiness and joy in little things in life, irrespective of where you are staying. These commodities are not exclusively sold in India or anywhere else.
If you have made a decision to move to India, be proud of it and do it! Just set a good example in india and don't get involved in the dirty corrupted cycles there.
Good Luck!!
Nicely written! Out of all above posts, this one seems to be sensible and I just seem to like this much! :)
I agree that India is a land of pollution - polluted air and polluted minds (corruption, jealousy, materialistic attitude), it is still a very native part of our life. No matter where we live on this planet, whatever hapens in India, we do get affected by it.
I just visited India after 7 years. As far as India goes, I love:
-- My parents living there, perhaps they will never come to USA to stay with me permanently, and
-- The school kids I see on road in their school uniform, waiting for their school vans or walking as a group, making jokes and laughing out of their breath.
I always wonder that they do not know what hardhsip lies ahead of them, when they grow up after finishing their school - competition to get college admission, studies, competitive jobs, corruption, ever rising cost of living, etc. etc.
Most of my old friends in India have gone too busy in making money and 'rising on the top". It is as if they are in some kind of a race in panic, so they don't get left behind everybody else and what not.
What does "rising on the top" mean anyway? Whom are you collecting money for?
I recently bought the latest Samsung 3D LED TV to have a better movie experience. And I noticed that I enjoyed movies on small 22" inch TV more than I enjoy on a big LED TV - provided the movie is good and I have a good company.
So my friend (who is leaving for India)...
You can find happiness and joy in little things in life, irrespective of where you are staying. These commodities are not exclusively sold in India or anywhere else.
If you have made a decision to move to India, be proud of it and do it! Just set a good example in india and don't get involved in the dirty corrupted cycles there.
Good Luck!!
Nicely written! Out of all above posts, this one seems to be sensible and I just seem to like this much! :)
more...
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drak70
11-21 11:26 AM
Dear Mehul
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
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saketkapur
05-10 05:26 PM
Guys life is not fair......the only way any media or congressional attention can be gained is by playing the age old tested and tried method shwon to work even if its a low blow..
DISCRIMINATION based on national origin......we need to make it about nationality and RACE........
The illegals are playing the card and most probably will get what they want........
Nobody gives a rats ass if we played by the rules or not.......rules change, games change...we need to take a more united(join forces with all immigrants irrespective of their status) and fight on a common platform.......we should get to make anybody who opposes us on whatever ground(justified or not) declared into a RACIST.......
Our opposition is not divided we cannot afford to be either.....remember JO JEETA WAHI SIKANDER.......Victory is all that counts....just my 2 cents........
DISCRIMINATION based on national origin......we need to make it about nationality and RACE........
The illegals are playing the card and most probably will get what they want........
Nobody gives a rats ass if we played by the rules or not.......rules change, games change...we need to take a more united(join forces with all immigrants irrespective of their status) and fight on a common platform.......we should get to make anybody who opposes us on whatever ground(justified or not) declared into a RACIST.......
Our opposition is not divided we cannot afford to be either.....remember JO JEETA WAHI SIKANDER.......Victory is all that counts....just my 2 cents........
bikram_das_in
02-15 09:32 PM
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delax
07-27 12:33 AM
That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.
Please do not try to pass on your opinions as facts ...they are not.
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
Please do not try to pass on your opinions as facts ...they are not.
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
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