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  • Legal
    07-03 10:41 PM
    documentation >to <verifying no US citizen worker was available for a given job) -
    should have been documentation verifying





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  • srkamath
    07-25 09:46 PM
    It is really simple.....

    Vertical Spillover

    EB2 (IN) ~ 12000 / year
    EB3 (IN) ~ 18000 / year

    Horizontal Spillover

    EB2 (IN) > 18000 / year
    EB3 (IN) < 12000 / year

    On another note.

    There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.

    It is just like high oil prices - make hay while........

    Have faith in America, history shows it rights itself sooner rather than later.





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  • sroyc
    09-24 02:06 PM
    Read any visa bulletin. It's in there.

    SROYC,

    Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.

    Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.





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  • kumarc123
    07-29 11:08 AM
    The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way


    Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.

    I agree with you, and believe me, all the white lawyers, none of them go the extra mile to calculate numbers. All they are concerned with is their fees.
    I have a white lawyer and being a member in IV, I know more than she does. Her lack of knowledge does not undermine her credibility, but it is not her job to know the numbers, she presents her client's case to INS, from there its guess work.

    I think Vldrao and other members are not too optimistic or blindly optimistic, they calculated numbers and analyzed the results.


    Thanks



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  • Marphad
    06-16 04:33 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Guys,

    I don't understand why we are doing this debate. Dilip (citizen's representative - dilipcr) feels that living standard is going down coz of H1 & L1 people and not because of 2 wars we are fighting. He needs help. You can do it by not answering him.

    PLEASE STOP!





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  • cdeneo
    09-20 12:52 PM
    Thanks for vounterring your time and helping the immigrant community out -

    My question -
    EB3-India
    PD: Dec 2004
    I-140 approved.
    I-485 applied: July 2007
    EAD and AP approved

    I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.

    1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.

    2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.

    I would really appreciate your input. Thanks!



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  • sachug22
    09-17 04:51 PM
    I do not think it would be 10,000 primary. Probably around 3000 ~ 5000 primary applications. But if you consider dependents yes we may be talking about nearly 10,000 EB2I visas.

    I think it is between 3000 and 3500, with depended this comes to 7500.

    In 2008, 10% of these already got approved.
    Some 10% may have abandon application or used other priority days (porting).
    Some 5% may have used cross-chargeable

    So we are looking at a number close to 5000-6000 for Jan-March 2005.





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  • hydboy77
    06-04 01:13 PM
    This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.

    I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.



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  • lazycis
    02-13 01:11 PM
    WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.





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  • kumar1
    07-11 02:40 PM
    You are missing the whole pont............he wants his ass out of VISA.....any visa A1,B1.........Z1 and it includes TN



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  • she81
    02-15 08:11 PM
    To all proponents of country quotas:

    Well, if there is a cap for GCs then there should also be a cap on the number of H-1Bs that can be taken up by a country. There should be a cap on the number of allowable F-1 visas to a country. There should be a cap on number of employees of a particular nationality in an organization. There should be a separate line for different nationalities in supermarkets. Fair? Happy?

    Btw, why is there no cap on H-1Bs or F-1s and only for GCs?





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  • letstalklc
    09-03 11:25 AM
    Very sad news...May his soul rest and peace....

    Guys don't put any bad comments against him, Please not that I am not associated with any political party.......it's not good to put bad comments against the person that he is no more....



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  • WantGCQuick
    05-29 06:30 PM
    Yes.. Please somebody knowledgeable lay out a plan to execute.





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  • fairman
    08-15 04:08 PM
    The question doesn't arise because he is SRK or APJ or in future Manmohan singh. The point is does it take TWO HOURS to find the identity of the person. How did you feel when you were questioned for an hour at the POE even after staying here for 9 years and stay in US legally and paying taxes etc.. can't they have better immigration procedures in place to identify legal from illegal (LIKE biometric finger printing, etc). They have this sophisticated computer information network.. if you give your SSN they can find any data they want.. about your employer, about your pay roll, your taxes etc.. then why this delay at POE to idenfity geniune people from entering US. These actions look totally racist to me. Don't you think these (US) people know how to improve this system.. they can but there is no will to do so.. Just look at priority dates how they swing +5 years to -5 years every year (2000 to 2005). It looks like someone just picks any year between 2000 to 2005 based on his mood. Can't this developed country have a software system to predict visa number availability or to predict how the dates should advance and by how much... this is want really sucks.. this so called developed country doesn't have a system in place for immigration issues.. Just look at the people who got their green cards who's priority dates were 2006 and people from 2002 or 2003 are still waiting.. how can their system (software) allow people with older dates to wait while someone with PD 2006 get their GC.. Things can be better managed and controlled with total transperancy but there is no WILL to do so.. i am not sure if IV can play any role in pushing some reforms to have a better system in place. There was another thread discussing about IO officers visting to employee office to find geniune applications and for more details.. this is simple waste of money and resources with SSN can give you almost 90% of the details.... overall the frustration is about the System and not about SRK or APJ.


    USCIS software system is quite old !



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  • tikka
    07-03 11:28 PM
    Totally agree!
    Digg is about how fast the story becomes popular.. even though we had large number of diggs with previous stories, it wasnt fast enough.

    Lets all digg this...NOW! FAST!

    PLEASE HURRY !!!!!!!!!!!!!!!!!!!!!

    http://digg.com/politics/USCIS_Visa_scandal
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who





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  • STAmisha
    10-04 04:51 PM
    thanks amisha..any idea about the identity card number is it the ssn number we have in US. i can fill in that number and make a copy and get it notarized.
    bitu72,

    Are you talking about column 19 (Identity card no.) in IMM8-Application Form ?
    I put N/A. You dont need to put SSN or anything.

    Thanks



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  • grupak
    12-13 01:40 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.

    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.





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  • Rohan99
    07-30 04:07 PM
    can you share the phone number and address of that Away family?:) May be for a change lot of people from this thread may want to meet this Away person. :rolleyes:


    Met this dude once in a grocery store, he and his hot wife gave me the amway speil. I said listen buddy give me a time to visit your house and number. I called him and we played phone tag, one day I called and his wife picked up, i ASKED IF i could come, she was hesitant and said he was out of state for a conference but I convinced her that it's ok. When I arrived I brought a bottle of wine and then she was all over me in 5 mins. Sigh what a wonderful time....





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  • needhelp!
    09-23 05:28 PM
    Fifteen minutes is well worth the time to influence a $2 trillion enterprise.





    sroyc
    09-24 04:38 AM
    Please see my inline comment.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    This is incorrect. ICMP get 7% of the 28.6%. ROW gets roughly 28.6% - 4 X 7% X 28.6%

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.





    JunRN
    05-29 11:47 AM
    3.2K visas for EB2I includes all applicants. So regardless of what type of processing, the last person to get his GC is 19 years from now, correct?

    Yeah, but your 60k only includes AOS, not CP, right?



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