BharatPremi
12-13 05:09 PM
If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??
jazz
Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?
jazz
Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?
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senthil1
06-12 01:09 AM
You will be considered as anti immigrant if you support any of restriction to H1b or Grassley Bill even if the they are good. Even recapture is passed that will not resolve the problem unless the numbers are huge.Recapture bill will give only limited releif for limited time. If we want all of the problems of High skilled immigration system needs almost unlimited GC numbers and also huge expansion of H1b. That will be nearly impossible for atleast next 5 years or more.
If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.
People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.
1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.
My Proposal
1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.
If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.
I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.
By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers
If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.
People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.
1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.
My Proposal
1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.
If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.
I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.
By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers
Roger Binny
08-15 08:35 AM
Try detaining any of their top Hollywood Heroes at an Indian airport for 2 hours and see how USA media and people will react to it.
You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.
Learn to love your motherland.
Excellent reply.
You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.
Learn to love your motherland.
Excellent reply.
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dvb123
02-14 07:46 PM
http://timesofindia.indiatimes.com/Why_Sania_wont_be_hounded_in_the_US_for_insulting_ flag/articleshow/2783772.cms
The Supreme court has the right to strike down laws effecting people
The Supreme court has the right to strike down laws effecting people
more...
dvb123
02-14 07:46 PM
http://timesofindia.indiatimes.com/Why_Sania_wont_be_hounded_in_the_US_for_insulting_ flag/articleshow/2783772.cms
The Supreme court has the right to strike down laws effecting people
The Supreme court has the right to strike down laws effecting people
roseball
06-28 06:35 PM
My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....
more...
AirWaterandGC
05-11 09:20 AM
Thanks cableman.
If anyone has consulted any lawyer or applied for CA PR once it has expired, your inputs would be greatly appreciated.
Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.
If anyone has consulted any lawyer or applied for CA PR once it has expired, your inputs would be greatly appreciated.
Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.
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nrk
09-17 03:07 PM
Yeah that might be true.
Assume the spill over happens only in last quarter. Then for the first quarter EB2I will only have 3000/4 = 750 visas. This is equilent to 300 Eb2I applications. We all know that there are atleast 300 applications easily remaining in 2004 itself. If that was the case why didnt the dates retrogress in oct VB as everyone predicted?
Assume the spill over happens only in last quarter. Then for the first quarter EB2I will only have 3000/4 = 750 visas. This is equilent to 300 Eb2I applications. We all know that there are atleast 300 applications easily remaining in 2004 itself. If that was the case why didnt the dates retrogress in oct VB as everyone predicted?
more...
cableman
05-10 06:27 PM
Does anyone have a comment on this ?
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
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conchshell
09-23 08:27 AM
Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.
more...
tempgc
09-14 03:15 PM
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
.
I got the below numbers from the PERM FDLC site for the applications filed in 2005 and approved in different years of 2005,6,7,8
2005 India 1353 (filed in 2005 and approved in 2005)
2006 India 3888 (filed in 2005 and approved in 2006)
2007 India 60 (filed in 2005 and approved in 2007)
2008 India 10 (filed in 2005 and approved in 2008)
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
1100 LCA => 3850 GC
.
I got the below numbers from the PERM FDLC site for the applications filed in 2005 and approved in different years of 2005,6,7,8
2005 India 1353 (filed in 2005 and approved in 2005)
2006 India 3888 (filed in 2005 and approved in 2006)
2007 India 60 (filed in 2005 and approved in 2007)
2008 India 10 (filed in 2005 and approved in 2008)
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
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meridiani.planum
03-29 10:17 PM
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs"
and in the US the government is by the corporations and for the corporations (why are they the leading campaign contributors otherwise, and why do they all get tax payer funded bailouts and bonuses otherwise?). The US is no better.
Power corrupts. Almost every government is corrupt.
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs"
and in the US the government is by the corporations and for the corporations (why are they the leading campaign contributors otherwise, and why do they all get tax payer funded bailouts and bonuses otherwise?). The US is no better.
Power corrupts. Almost every government is corrupt.
more...
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nixstor
08-03 03:45 PM
While I accept that it is unfair, How many of the people will not take a labor substitution if they feel that the company is good and kept their books nice. Retropain, You, me and some xyz might stick to FIFO and wait in line but not every one does. I am sure 99% of the people who vote on your poll will say its unfair and must be removed. Do you still need one? I feel that substitution will be gone soon.
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mantric
02-13 02:55 AM
Yes I believe we have a case.
The EB immigration system has become a joke where we are fighting for a pittance of this or that quota.
The current situation is a violation of human dignity of young and skilled american workforce.
It is a violation of liberty of tax paying law abiding residents.
It is very unamerican as it closes off opportunities for some of the brightest people in the world.
Shame on America that this exploitation exists in this day and age in this country.
The EB immigration system has become a joke where we are fighting for a pittance of this or that quota.
The current situation is a violation of human dignity of young and skilled american workforce.
It is a violation of liberty of tax paying law abiding residents.
It is very unamerican as it closes off opportunities for some of the brightest people in the world.
Shame on America that this exploitation exists in this day and age in this country.
more...
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humdesi
11-12 05:17 PM
DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?
Having said all these, let me ask you something?
How many of you wrote to Dept. Of Labor to stop Labor
substitution when they put a comment period for the proposed
removal of Labor Sub?
Everybody knows that the system is broken. The whole point
is what are we doing to fix it? This is a foriegn land. So we have to
work thrice of 4 times harder to change the system in place. Are we
doing that?
Having said all these, let me ask you something?
How many of you wrote to Dept. Of Labor to stop Labor
substitution when they put a comment period for the proposed
removal of Labor Sub?
Everybody knows that the system is broken. The whole point
is what are we doing to fix it? This is a foriegn land. So we have to
work thrice of 4 times harder to change the system in place. Are we
doing that?
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chanduv23
07-04 11:28 AM
While it is totally understandable that everyone get angry when rubbed in the wrong way - we must all remember that we are immigrants in this country and the country is currently driven by perception about job loses, terror plots, security threats etc..
In discussion forums or free speech forums, be very very careful - it is easy to trigger anger and get into heated discussions.
Please tone down the rhetoric and also tell your friends also.
In discussion forums or free speech forums, be very very careful - it is easy to trigger anger and get into heated discussions.
Please tone down the rhetoric and also tell your friends also.
more...
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ramus
06-28 09:03 PM
totally agree with you.. But just feel bad that we follow all rules and somebody comes and just try to screw us..
You are right.. there are tons of things important in life then this GC.
Its not about $500.
USCIS and the US government can ask for more money. And we will happily give it to them.
Its about the stability that filing for AOS offers.
But keep in mind, you weren't able to file for AOS in June.
So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.
So it would be best for us to stop torturing our brains.
There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.
You are right.. there are tons of things important in life then this GC.
Its not about $500.
USCIS and the US government can ask for more money. And we will happily give it to them.
Its about the stability that filing for AOS offers.
But keep in mind, you weren't able to file for AOS in June.
So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.
So it would be best for us to stop torturing our brains.
There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.
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ita
03-29 11:12 PM
So am I , I'm sure so are may others on this forum and in India.
Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)
But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .
what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
Those politicians are making fun of law.They are using NSA to finish political opponents.
NSA is meant for nation's enemies not for politician's enemies.
During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.
Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
It happens only in India.
I am looking for a visionary who can bring Indians out of poverty, who can give good education, security, health care and good infrastructure. Who can save us from the unstable countries and aggressive China. I am not bothering whether Sankaracharya is in jail or not. How its going to affect a common man who is begging even for basic amenities.
Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)
But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .
what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
Those politicians are making fun of law.They are using NSA to finish political opponents.
NSA is meant for nation's enemies not for politician's enemies.
During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.
Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
It happens only in India.
I am looking for a visionary who can bring Indians out of poverty, who can give good education, security, health care and good infrastructure. Who can save us from the unstable countries and aggressive China. I am not bothering whether Sankaracharya is in jail or not. How its going to affect a common man who is begging even for basic amenities.
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unitednations
02-13 03:21 PM
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
Administrator2
12-15 09:48 PM
We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.
Thanks,
Thanks,
walking_dude
02-13 01:38 PM
It has been repeated 'Ad Nauseam' times. IVs agenda includes all of these -
1) Increasing GC numbers
2) Recapturing numbers and instituting permanent Rollover mechanisms
3) Eliminate country quotas.
IV understands that removing just the country quota will impact ROW badly if visa numbers are not increased in tandem. Hence you always see the three points being proposed together. These 3 have to go together. A compromise between ROW and oversubscribed countries.
But some ROW members keep trying to split the movement by opposing removal of country quotas ( which is point 2 in IV agenda) at every possible opportunity. Real way to build a coalition is through compromise. And in a compromise you can't get all you want. Don't expect the majority to heed all your demands.
Be a little appreciative of the sufferings of others. If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?
Don't BS on 'diversity'. There is already a 'diversity visa' which Indians & Chinese cannot use. Want to come under diversity? Apply in the lottery. Be a little humane and think about the suffering of others. May be you'll see the light. You are not going to win many friends by alleging "an agenda by some country". It's preposturous, laughable and Dobbsian ( like Lou Dobbs alleged "invasion by Mexicans")
I don't think removing the per country cap will solve the problem. It will balance retrogression by giving each country equal share of misery while the visa number allocation per year stays the same. It also requires changes in the statute which is almost impossible to happen because the legislators, either Dem. or GOP, will not agree to removing the cap. So let's be realistic.
The best solution is to recapture unused visas from previous years and increase the quota per year.
1) Increasing GC numbers
2) Recapturing numbers and instituting permanent Rollover mechanisms
3) Eliminate country quotas.
IV understands that removing just the country quota will impact ROW badly if visa numbers are not increased in tandem. Hence you always see the three points being proposed together. These 3 have to go together. A compromise between ROW and oversubscribed countries.
But some ROW members keep trying to split the movement by opposing removal of country quotas ( which is point 2 in IV agenda) at every possible opportunity. Real way to build a coalition is through compromise. And in a compromise you can't get all you want. Don't expect the majority to heed all your demands.
Be a little appreciative of the sufferings of others. If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?
Don't BS on 'diversity'. There is already a 'diversity visa' which Indians & Chinese cannot use. Want to come under diversity? Apply in the lottery. Be a little humane and think about the suffering of others. May be you'll see the light. You are not going to win many friends by alleging "an agenda by some country". It's preposturous, laughable and Dobbsian ( like Lou Dobbs alleged "invasion by Mexicans")
I don't think removing the per country cap will solve the problem. It will balance retrogression by giving each country equal share of misery while the visa number allocation per year stays the same. It also requires changes in the statute which is almost impossible to happen because the legislators, either Dem. or GOP, will not agree to removing the cap. So let's be realistic.
The best solution is to recapture unused visas from previous years and increase the quota per year.
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