Desichakit
07-24 07:09 PM
VDLRAO Ji,
Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations
Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations
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immique
07-17 01:23 AM
I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself
Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.
But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.
But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..
Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.
But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.
But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..
JeffDG
01-15 07:50 PM
I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.
I find that highly unlikely.
The EB categories are set up in priority order. To cascade from EB1-EB2/EB3 equally would break this priortization. Regardless of our opinion, Congress has decided that certain categories of immigrants should be accorded priority for admission. Those immigrants can file in EB1 or EB2. The cascading of unused visas fits that scheme as it is intended to work.
I find that highly unlikely.
The EB categories are set up in priority order. To cascade from EB1-EB2/EB3 equally would break this priortization. Regardless of our opinion, Congress has decided that certain categories of immigrants should be accorded priority for admission. Those immigrants can file in EB1 or EB2. The cascading of unused visas fits that scheme as it is intended to work.
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logiclife
06-26 12:21 PM
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
That's what your lawyer said. Right?
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eb3_nepa
10-24 01:18 PM
This discussion was started by EXACTLY like a "HOWSTUFFWORKS" quesion. Unforutunately it has ballooned into a "Ethics" question!!
vpadman
02-13 10:17 AM
Somebody suggested earlier that we should all contact our lawyers , and ask why they have not filed lawsuits yet.
I think the reason for this is quite simple. Lawyers are happy with the current system, so that they can continue to charge money, consulting fees etc.
Do you guys really think lawyers care about it? They are happy charging $200 for a 15 minutes consultation.
I have nothing against the lawyers, they are running a business and need to maximize profit.
I think the reason for this is quite simple. Lawyers are happy with the current system, so that they can continue to charge money, consulting fees etc.
Do you guys really think lawyers care about it? They are happy charging $200 for a 15 minutes consultation.
I have nothing against the lawyers, they are running a business and need to maximize profit.
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gc4me
03-28 02:37 PM
Looks like we have 45 days after the rule goes in effect. Please read the following text.
Will you please tell us which text you are refering to?
(b) Expiration of labor certifications. For certifications
resulting from applications filed under this regulation and the
regulation in effect prior to March 28, 2005:
(1) An approved permanent labor certification granted on or after
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of [effective date of the final rule].
(c) Scope of validity. For certifications resulting from
applications filed under this regulation and the regulation in effect
prior to March 28, 2005:
(1) A permanent labor certification for a Schedule A occupation or
sheepherders is valid only for the occupation set forth on the
Application for Alien Employment Certification (ETA Form 750) or the
Application for Permanent Employment Certification (ETA Form 9089) and
only for the alien named on the original application, unless a
substitution was approved prior to [effective date of the final rule].
The certification is valid throughout the United States unless the
certification contains a geographic limitation.
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
Will you please tell us which text you are refering to?
(b) Expiration of labor certifications. For certifications
resulting from applications filed under this regulation and the
regulation in effect prior to March 28, 2005:
(1) An approved permanent labor certification granted on or after
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of [effective date of the final rule].
(c) Scope of validity. For certifications resulting from
applications filed under this regulation and the regulation in effect
prior to March 28, 2005:
(1) A permanent labor certification for a Schedule A occupation or
sheepherders is valid only for the occupation set forth on the
Application for Alien Employment Certification (ETA Form 750) or the
Application for Permanent Employment Certification (ETA Form 9089) and
only for the alien named on the original application, unless a
substitution was approved prior to [effective date of the final rule].
The certification is valid throughout the United States unless the
certification contains a geographic limitation.
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
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akred
06-12 12:04 PM
Now to prove my point that we had all of today's similar issues then. Here is my after GC post.
http://forums.immigration.com/showthread.php?t=84252
I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.
Peace !!
You benefited from ISN (IV predecessor)'s efforts to get AC21 passed with a visa recapture. That visa recapture lifted the retrogression that had set in by 2000. Without that recapture (worth 100K+ visas) it is doubtful your PD would be current today.
http://forums.immigration.com/showthread.php?t=84252
I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.
Peace !!
You benefited from ISN (IV predecessor)'s efforts to get AC21 passed with a visa recapture. That visa recapture lifted the retrogression that had set in by 2000. Without that recapture (worth 100K+ visas) it is doubtful your PD would be current today.
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NolaIndian32
09-23 01:12 PM
Nixtor,
I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?
Should I promise to buy a second home? Will that put me in the category you are proposing?
I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?
Should I promise to buy a second home? Will that put me in the category you are proposing?
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mpadapa
07-21 09:45 PM
vdlrao, Thanks for the great analysis.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
more...
Googler
02-16 12:34 AM
I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.
The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.
The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.
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sidbee
01-22 03:46 PM
Murthy.com explains the effects of the memo.
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
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americandesi
08-15 01:50 PM
I am surprised that this is even a headline news in TOI. SRK detained at US airport for 2 hours. So what? Big deal. TSA didn't ask him to sing or dance, but just questioned him on the purpose of his visit, which is part of their job.
US has got every right to protect her homeland and no one has got any right to question their procedures when it comes to national security. Because of such stronger measures there hasn't been a single terrorist incident in US since 09/11. The least we could do is to learn from them and implement such stronger measures in India, which by the way has become a playground for terrorists and anti social elements.
US has got every right to protect her homeland and no one has got any right to question their procedures when it comes to national security. Because of such stronger measures there hasn't been a single terrorist incident in US since 09/11. The least we could do is to learn from them and implement such stronger measures in India, which by the way has become a playground for terrorists and anti social elements.
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ashutrip
06-26 02:11 PM
Hey...No one can predict anything about Aug and Sept. You just have to wait till you get your LC and then check where dates are and file accordingly. There is nothing you can do about it, so relax and don't worry too much.
If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.
it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(
If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.
it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(
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eastindia
07-21 02:30 PM
If a person is making lot of money through this e-commerce business why is he shopping in cheap Walmart? Why do they drive cheap cars? Beats me.
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samay
07-15 01:34 PM
My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Hello,
If your son has a AP then he can go study in India so long as he comes back every year and renews his AP. If he continues to do this his status will not be considered abandoned.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Hello,
If your son has a AP then he can go study in India so long as he comes back every year and renews his AP. If he continues to do this his status will not be considered abandoned.
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return_to_india
05-12 10:10 PM
I have seen lot of Tamil folks in Kerala ( mainly migrated for construction work ). THose who came earlier speak good Malayalam.
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breddy2000
09-04 01:11 PM
Its because there are mute spectators who are giving greens or red based on what they think is right
I don't believe I CHANHUV23 & _Truefacts are the same
With all the due respect. Can you tell me how on earth can someone without Admin access reveal someone's personal details???? Pls read all previous posts.
I don't believe I CHANHUV23 & _Truefacts are the same
With all the due respect. Can you tell me how on earth can someone without Admin access reveal someone's personal details???? Pls read all previous posts.
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BharatPremi
12-14 02:48 PM
Yes BP, in that case Britain too will be oversubscribed just like IN,CH,MXa and PH.
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
So that interprets to "7% limit for every country" - seems to be "Equality"
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
So that interprets to "7% limit for every country" - seems to be "Equality"
aps
09-23 02:57 AM
IV is started for one cause, that is to eliminate the unfair country quota and speed up the green card process. Let us stick with that.Do not divert by introducing these kind of proposals.
Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.
aps
Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.
aps
thepaew
03-27 11:53 AM
Smart Money is on Kumari Mayawati
Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.