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  • pnjbindia
    08-21 11:32 AM
    guys,

    With the new visa spill-over process, where do you think EB3_ROW will be in the October 08 bulletin?





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  • sammyb
    02-15 05:14 PM
    can you pls provide some detail info .. I will be going to India soon and need to get my visa stamped ... if I can make sure that the H1 info is there in PIMS beforehand that will provide much comfort ...

    also regarding your H1, is it a fresh or extension or transfer ... when was it approved ... appreciate your inputs ...

    I called the Nogales (mexico) US embassy and they were able to look up the PIMS system using the petition number.

    I hope the PIMS is a "centralized" system. So even the consulate in India would be using the same.





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  • alias
    08-07 11:37 AM
    It's funny how many types of personalities you see in everyday life. I remember in my early childhood days there always use to be one guy at the least in my class who would do things that would freak everybody out....usually he would be the teacher's cutest student. But once the teacher was out.....maan his ass was all red in the hostel, in the class.....just kept running away from every other fellow student.....





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  • sunty
    09-23 05:24 PM
    As per my knowledge, one can't file I485 application until and unless priority date is current. How come this reporting is showing 485 application count of EB2 after Aug 2007 priority dates.

    As per FAQ's (RED text in above post) these numbers are based on priority dates

    These applicants might have married someone from a non India/China country and thus even though they were born in India, can file I485 due to a different country of chargeability



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  • texanguy
    10-01 03:25 PM
    This point has been already discussed before.it was mentioned that married dependents can be added later on if their country of birth is different...

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    How come there is pending cases in 2007, 2008 and 2009 for EB2 and EB3 India?

    From the PDF I see the following

    EB2
    2007 after july fiasco - 559
    2008 - 178
    2009 - 9

    EB3

    2007 after july fiasco - 466
    2008 - 88
    2009 - 5

    My understanding is that the visa bulletin were never open for priorty dates from Aug 2007 to till date....EVER..

    I may be missing something..





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  • sumagiri
    09-23 07:25 PM
    I thought each EB category could get upto 28.6% of 140000 = 40000 visas every fiscal year. So if EB1 uses up 5000 and EB2 takes the remaining 35000 and its annual allotment of 40000, EB3 does not get any spillover.

    Thoughts?

    knacath, I am hoping that EB2 will be current this year and EB3 begins to get spillover though very little this year.

    Some more specifics

    Annual Quota ------------------------------------------------------------------------> 140,000
    Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
    Estimate of all categories current applied this year and approved this year -----> 10,000
    Remaining visas -----------------------------------------------------------------------> 122,347
    All pending EB2s (includes retrogressed) -------------------------------------------> 74932
    Remaining visas available to EB3(includes retrogressed) --------------------------> 47415

    The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.



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  • crystal
    07-29 07:24 AM
    Some info on Gnadhigiri
    Gandhigiri discussed in detail on NPR long before.Link below

    http://stream.publicbroadcasting.net/ros/open_source_061127.mp3





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  • nrk
    10-19 10:21 AM
    Congrats..

    Not been a close tracker all these years, but it all changed at the beginning of October ;)

    But, both my wife and I received CPO e-mails this morning. No welcome e-mails.

    These are some important events in my journey -

    First H1-B - October 2004 (Company X)
    Labor (regular) filed on Jan 20th, 2005 (EB2)
    I-140 filed in August 2006 (Company X)
    I-140 approval in June 2007
    I-485 filed August 2007 (Company X) (EB2, India)
    Second H1-B in October 2007 (Company X)
    Applied for EADs and APs twice since filing our I-485s (Company X)
    Wife and I had a USCIS interview in July 2009 (Company X)
    One LUD immediately after the interview
    No RFEs ever
    Case status showed up as in the "initial review" stage till this morning when the status changed to "Document Production or Oath Ceremony"



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  • needhelp!
    01-08 04:21 PM
    Got email back, my company will send on their letter head.





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  • snathan
    08-20 06:36 PM
    FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.

    Thats the only reason I hate Vonage. Once you select the option to disconnect you will be in line 1 hr, then some one will come and ask you to hold till they pull up your record. You will be on hold for 20 mins and will be disconnected. This cycle will go on unless you are lucky. I had to try this 4-5 times...then I started hating their service. Otherwise they are good.



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  • kvrr
    08-17 09:09 AM
    All,

    Received CPO mail today for self, wife and son.

    EB2 - India PD Oct 24 2005. NSC
    I-485 receipt date: Sept 14 2007.
    Opened SR on 08/09/2010





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  • sunty
    10-01 12:29 PM
    He is right, but the problem is, USCIS and DOS has always done spill over only at the end of fiscal year and not quarterly.
    Now who will go and tell them to read their own statute again and reinterprete?? (like the spill over that was done vertical for several years until they realize, "it needs to be horizontal by our statute!!")


    Valid point. So its important for us to find out how was DOS reminded of the correct vertical spill over rule and we (IV) should follow the same.

    I don't know why IV is silent on such an important issue. I think I am missing something. Please IV core, any answers on this specific issue ?



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  • gimmeacard
    09-08 05:08 PM
    I had filed my prior applicaiton in EB3 with 485, Later i joined new firmB around august 2007 timeframe. and they started off again using old PD and ported to EB2, which was granted,
    my new company filed for my 485 again as they thought it was right around when i moved and could raise RFE


    I got an email today my CPO ordered, using 485# of prior filing

    what should i do, tell USCIS or talk to lawyers, i dont want this to cause a denial

    ( I never used EAD or so, always on H1)





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  • WAIT_FOR_EVER_GC
    08-14 11:18 AM
    Today I received my card in mail.
    Greened on 8/3/10



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  • santb1975
    01-09 03:22 AM
    We have to work diligently on this Action Item





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  • dontcareanymore
    08-07 02:48 PM
    I could not resist from writing this post-

    A fisherman is selling two baskets full of crabs. One basket has a lid on it, the other doesn’t. An inquisitive buyer asks him why this is so. He smiles, pointing to the covered basket and says, “Well I have to cover this one because if I don’t, the crabs will all climb out”. “Why not the other basket then?” persists the buyer.

    “You, see, they’re Indian Crabs - if one tries to climb out, the others will pull it back in, hence there’s no need for a lid”

    Concentrate on action items and work harder than ever, which can bring a great relief to entire EB community. It does not matter how many times we failed or succeeded, every attempt we are an inch closer to our ultimate (IV) goal.

    I completely agree. If this goes through , the next step is to fight for review of all EB1 and EB2 applications thoroughly for misrepresentations in the job descriptions to make sure the job they do indeed requires masters degree and to make sure same job is not being done by a person with bachelor degree in the industry (Not just same company).



    To make sure when they file for the GC they have the real INTENT to work for the company. working for SIX months is not intent. If all the issued green cards are canceled if they don't work for the company, we will have enough numbers for genuine candidates in all groups.

    How about even extend this to citizenship ? I have some ideas in that area as well !!

    I know a person (used to live in same street) who could not get in to med or engg college. Finishes BSc in life sciences.Stays in university hostel for 7-8 years preparing for job and finishes PHD in life sciences in the process(You know how they go ). Now filed for EB1 and worked for just six months in a university. Now runs an Indian Grocery. How a person running an Indian Grocery is more useful to this country to qualify for EB1 ? He does qualify , if he continues his research, as intended.



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  • BharatPremi
    09-24 05:17 PM
    Number 2) and hence number 3) are definitely wrong.
    As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
    ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
    Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
    Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
    In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
    The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.

    This is not the correct understanding. I know this myth is propogated millions of times in millions of board and so now this myth has become "truth" for millions. But that is not the correct way USCIS does things.

    Country specific limit - 9% does NOT have any realtion to "assigning numbers". it is just meant to "approve 485 - mail you a real physical green card".

    In ROW cataegory other countries are also bound with this 9 (7 + 2) % limit for Visa granting. For an example - For Pakistan USCIS will never grant more than 9% visa per year no matter how many applications from Pakistan have been assigned a valid visa number. Same will go true for Britain or any "other" country.

    In reality How USCIS divide 28.6% among countires - That is unknown mystery and nobody surely know that. And that is why I had to assume "equal shares - 5 part" in my analysis assuming USCIS works fairly but we all know that is a bullshit too :)





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  • weasley
    04-25 08:24 PM
    Restrictions on H1B is definitely not going to help retain jobs in America. More technnical jobs will be outsourced. My friend work for a TARP company and they are directed to move more technical jobs to offshore. The raid and other things what they are doing now will certainly prevent fraud.





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  • Saralayar
    01-06 09:39 PM
    Can any one take a lead on this and volunteer?. As I am not an expert in it, I am asking any of the members of IV to take initiative. We will support in what ever way..
    Want to keep this alive...

    ^^Bump^^Bump^^





    krishmunn
    03-31 11:50 AM
    Hi GC ON DEMAND, I think you are right... Looks like we did not receive any spill over from EB1 and EB2 ROW --- Here are the calcs...

    Regular EB2 ROW gets 34,436 -- see below for break down

    We know that EB2 gets 140,000 * 28.6% of visas which is 40,040.
    Out of 40,040, 7% is allocated to china and an other 7% goes to India.
    So EB2 ROW = 40,040 - 2*(40,040*7%) = 34,436 -------------------------------------------- (1)

    In the document that you have, EB2 ROW received 27, 406 visas... How? see below

    Total allocation for Eb2 (A1) - 53,872
    India received (B1) - 19,961
    China's received (C1) - 6,505
    -------------------------------------------------
    EB2 (ROW) net = A1-(B1+C1) = 27,406 -------------------------------------------------------- (2)
    --------------------------------------------------

    EB2 (I&C) Regular quota {2*(40,040*7%)} = 5,604 -------------------------------------------(3)

    (1) - (2) - (3) gives the spill over from EB2 ROW to EB2 (I&C), which is 1,426

    Which means EB2 ROW to EB2 I&C spill over is mere 1,426 ???? Hope we are wrong... this looks scary...


    The calculation looks incorrect.

    You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.

    The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.





    Saralayar
    04-21 11:56 PM
    Hello every one,
    I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
    Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
    What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
    Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years.

    Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
    Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.

    Guys,
    I saw a thread in IV for fixing the EB issues, which lot of guys are sending mails to whitehouse.gov. Why don't we send a mail to whitehouse.gov regarding citizenship?. If some one can draft a good mail with the details I provided, all of us can send a mail. If there are lot of mails on the same subject, definitely, it will go to the attention of the President.