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  • lordoftherings
    09-26 11:01 AM
    There is a blog there in the article. Have you guys seen that how misinformed americans are about H1B.

    There is a link - To write a note to the editor about this article, click here.
    I clicked it and send this message to CNN's editor. All of you can do the same...


    Dear Editor,
    Last week's Legal Immigration Rally at DC is NOT about H1B increase, It is about the plight of over a million High Tech Skilled Legal Immigrants and their families in a probationary limbo of Green Card Processing. It takes 10 to 12 years to get a green card because of low green card numbers, per country limits and lost Green Card numbers due to inefficient processing of USCIS.

    Not sure what is the source of your information. But it is ill-researched and is skewed in nature.

    yours truly,
    Legal Skilled Immigrants from across the World living in USA





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  • jamesbond007
    09-10 01:54 PM
    Could someone post periodic updates for the benefit of those who do not have real player? (and are not allowed top install it)

    Thanks





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  • vbkris77
    04-10 12:28 PM
    What you said is absolutely true. EB1 Last year and the year before saw lot more approvals than usual. My reasoning is that even though EB1 was current for all along, they never really approved I140s to give them GC. So In the overall clearing of I140s, CIS cleared lot more EB1 cases and became approved during last 2 years. If you look at the I140 completion in the dash board, it will be very much clear that the completions came down to 4 digits for each month from 5 digits. Receipts continued to be less than 5K per month.

    This year, we may see a big dip in EB1 cases and larger EB2 spillover. EB4 spillover is ruled out after this bulletin.


    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:


    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.





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  • tooclose
    07-12 09:13 PM
    Thanks for good wishes and congratulations to all who become current.

    Regarding cutoff date I'm hearing multiple theories -

    A. if it says 1st March - then prior to that consider as active - 1st of March is not included

    B. some says 1st March is included because it is like UNTIL 1st March

    C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.

    D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.

    Wow so many options looks like I need to poll this and then wait until next bulletin :)

    Once again thanks for good wishes and Congratulations who were waiting for longer period.

    -Rwe

    wow... too many options ... do u know the source for any of these ?



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  • ita
    02-02 03:25 PM
    desi3933,
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.

    Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.

    I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.

    If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.

    All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.

    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.



    W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • TeddyKoochu
    09-10 10:04 AM
    did any one did math...

    EB1 - all current
    |
    |
    \/
    EB2 - World current
    |
    |
    \/
    EB2 - India / China
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 All
    |
    |
    \/
    EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )

    EB2 I/C won't be current in the next 4-5 Years, the EB2 I/C demand till date (Today’s Date) is in the 100K - 120K Range. The EB2I/C demand till Jul/Aug 2007 is easily in the 40-45K Range so it will require a very over optimistic scenario to clear by Sep 2011. EB3 ROW will reach end of 2006 by FY 2011. So there is a very long way to go. All the movement is under many assumptions most important being the economy and unemployment, anytime this changes all spillover will collapse and there will really be no difference between EB2 I/C and EB3 I/C.



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  • gc28262
    03-10 10:29 PM
    Welcome to Capitalism!

    ...and yes it is the equivalent of bribes taken by our political people in India. As with most things Americans do it diplomatically by calling it "party funds" :-)

    Paying commission in India is considered corruption.
    In US it is legal.

    Reliance, Bajaj or other major companies influencing politicians in India is considered corruption.

    In US it is called lobbying.

    Yes. welcome to America !





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  • optimystic
    03-18 08:26 PM
    I am not saying anything about free speech. I realize this is a forum that belongs to a private organization and has not obligations to provide a platform for free speech to anybody. That's why I said that if you do not want me here, I'll leave.

    As to the details provided, these were not required details and I didn't agree to anyone to call me at home. I entered the phone, because the form was broken and gave me some errors. Btw, the registration form is still broken, because it has a section for Required Information, and Additional Information. In Additional Information (which I assume is optional), it is still asking whether I'm going to attend DC Rally in 2007. If you do not answer the question about the rally, it doesn't allow you to register.

    I haven't filled out all of details, because as I said, I thought they were optional. If there was anything missing that you want me to fill in, you could've told me so rather than ban the handle.

    Tawlibann Foggs your real name...?? I donno but it still sounds like you are trying to be a smart aleck....to me. Your ?real? name sounds a lot like 'Taliban Fox' ...! (Googling on "Tawlibann celtic" did not turn up any results at all. Not that google is the final authority on such things. I apologize if its really your name. Dont start giving me red dots !!)

    If it is really your name why not just use a non-controlversial handle and not attract any unnecessary attention at all in the first place? I have seen all your posts ( 3 -4 I think) so far and found them to be genuine ....so if its just the handle , why not give in and change it, rather than asking for trouble



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  • vghc
    07-03 11:23 AM
    The point is to not 'distribute pain', it is to reduce the pain of a group.

    Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.

    So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.

    Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!

    I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.





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  • jonty_11
    12-13 10:39 AM
    It would work even great if IV could post this on the homepage, and send emails to all members to send faxes to USCIS on say Dec 18th, at 12 noon EST.
    Or are we on our own for this effort, which would mean the only way people will know about this effort is via this thread....At least we should open a new thread with a specific name so that it becomes obvious waht the purpose of that thread is.



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  • f1vlad
    01-19 11:23 PM
    Same happened to me in some small town in NH, about quarter mile from Canada, I was just driving on a local road and I pulled over to check my map. So I sit reading map and I hear knock on my window. All of a sudden see couple of Border Petrol agents.

    I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.

    Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.

    I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.

    This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.





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  • jonty_11
    07-09 06:36 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
    text in bold has a GREY area....'plus remaining balance from previous months.'

    They can always say the additional approvals were left over from previous months...



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  • 485Mbe4001
    09-10 04:36 PM
    No offense to the decision makers, but i like these quotes and wanted to share them

    There is quote by Elie Wiesel
    "
    It may well be that our means are fairly limited and our possibilities restricted when it comes to applying pressure on our government. But is this a reason to do nothing? Despair is nor an answer. Neither is resignation. Resignation only leads to indifference, which is not merely a sin but a punishment
    "
    and

    H. L. Mencken:
    "As democracy is perfected, the office represents, more and more closely, the inner soul of the people. We move toward a lofty ideal. On some great and glorious day the plain folks of the land will reach their hearts desire at last, and the White House will be adorned by a downright moron."

    The Baltimore Evening Sun, July 26, 1920

    where do we stand. I thought we are legal horses.





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  • Cheran
    11-11 02:13 PM
    I am pasting a reply from my Fragomen Lawyer. Even though he screwed me royally, he was always on the money when it come to any prediction. So he says it will be another couple of years for 2003 EB3 Cases, I am going to take his word....

    " Thank you for your e-mail. I regret that I do not have a basis to estimate whether your case will be approved in 2008/2009 as they are currently on October 1, 2001 for EB-3 cases from India. In the meantime I would say that the process could last approximately another two years before an immigrant visa becomes available under EB-3/India."



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  • angelfire76
    02-13 06:17 PM
    This is ridiculous; no one asked you to come to this country.

    Nor are you entitled to anything besides what they chose to bestow.

    Remember that.

    Can I then go ask your employer as to why he/she is paying you more than what they might think you deserve to get ? :rolleyes:
    After all nobody is forcing you to work with the company right?





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  • pappu
    07-01 10:23 PM
    QUESTIONNAIRE FOR POTENTIAL PLAINTIFFS
    USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
    This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
    Please be sure to include a copy of the following with this questionnaire:
    • Completed I-485 as submitted to USCIS, and any cover letter sent with it;
    • Evidence of method and date of mailing (USPS, Fed Ex, etc)
    • A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
    • USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
    Date questionnaire is completed:
    Completed by:
    Attorney Contact Information:
    Name
    Email
    Firm
    Address
    Telephone
    Fax
    Adjustment Applicant Information:
    Name
    Address
    Phone
    Email
    Nationality or citizenship
    Adjustment Application Filing Information:
    Date adjustment application was submitted to USCIS and method of submission:
    Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
    What was the employment-based immigrant category under which the adjustment application applied?
    USCIS rejection of the adjustment application:
    Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
    If yes, please explain in detail:
    Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
    2
    Harm to adjustment applicant:
    Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
    Please return this form and documents by email or fax to:
    visabulletin@ailf.org
    or fax (202) 742-5619 attn. AILF LAC



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  • 485Mbe4001
    07-28 03:55 PM
    true to each his/her own, we can decide if we want to read the thread or not

    simple enough..in the same token..this could be a form of self expression too..

    http://outlookindia.com/full.asp?fodname=20080728&fname=email&sid=1


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    I am reading about 16th century stuff here in this thread.

    Let us go back to 10,000 B.C or further back (ice age or if possible even before).

    Was there any gods (known to us) then (any religion for that matter)?

    Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.

    We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
    They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.

    Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.

    We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.





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  • met3259
    08-20 11:35 AM
    got my FP notice today..

    I485 RD - 7/2/2007
    ND - 8/3/2007
    FP Date - 9/04/2007 (FP Notice received 8/18/2007)
    Service Center - NE

    I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?

    My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.





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  • Sakthisagar
    06-11 10:39 AM
    no need to worry about this proposal, as some one said this is a proposal like thousands of bills gone inside the whirl wind of politics in Senate and Congress, but as a precaution, IV warned everyone to sign this and send it to senators so they are extra aware of this situation. discussing on this is a waste of time. because this not even a burning issue and no one can pass and amendment without making aware of all the Senators.

    Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.

    Folks, Please do not get extra alarmed ont his stupid proposal.





    jungalee43
    01-22 11:53 AM
    Army honors its fallen heroes post-thumously.

    Without IV; many of us will get GCs post-thumously and thank god they have made address change on line now. We have a tool now to convey them addresses of graves!!!!

    :D :D :D





    DDD
    03-13 06:44 PM
    I voted eilsoe. The reason being his model and render seems more fundamentally sound. Thirdworldwoman's was cool but the proportions were off. All in good work all of ya'll



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