taarine
07-21 05:02 PM
Folks, let's not stereotype desis or any particular race. I ran into this Malaysian couple of Chinese descent who approached my wife and I at IKEA in the Chicago area. They tried some of the same techniques as described in this thread...
I was very surprised and confused because we had no connection in terms of race, native language, or look. I am hard core - lungi-dhari desi :) So you see it's the Amway/Quixtar/BWW culture and nothing to do with any race, regionalism or language. My $0.2
I was very surprised and confused because we had no connection in terms of race, native language, or look. I am hard core - lungi-dhari desi :) So you see it's the Amway/Quixtar/BWW culture and nothing to do with any race, regionalism or language. My $0.2
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samay
07-21 08:30 PM
My dependents are out of US for almost 5 months for now and they have AP approved before they left US and they are planning to come to US in couple of weeks from now on AP. Our PD is going to be current in Aug08. Is this OK to be out of US for this much time when AOS is pending? Staying out of US for this long would effect their AOS processing in any way?
Its fine so long as they are back before their AP expires.
Its fine so long as they are back before their AP expires.
BharatPremi
12-13 01:49 PM
If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.
Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.
There is a lot of stress that was done in making that decision
You can challenge this but i would say, you will never win it.
You can challenge the State but cannot win it.
Yearly permitted H1s - 65000
All EB ased GC applicants: 500000 (Approx.)
As per you theory: 90% Visas will be given to Indians :eek:
US Population: 300 million (Approx.)
Do the math and prove me how it will be colonized ? And define the word: "Colonized"... as you were also talking about chinese and mexicans..
yes, aim seemed to be control the Genetic Pool but your statement is way streched...
Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.
There is a lot of stress that was done in making that decision
You can challenge this but i would say, you will never win it.
You can challenge the State but cannot win it.
Yearly permitted H1s - 65000
All EB ased GC applicants: 500000 (Approx.)
As per you theory: 90% Visas will be given to Indians :eek:
US Population: 300 million (Approx.)
Do the math and prove me how it will be colonized ? And define the word: "Colonized"... as you were also talking about chinese and mexicans..
yes, aim seemed to be control the Genetic Pool but your statement is way streched...
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Pineapple
12-14 02:54 PM
Yep.
So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?
So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?
more...
mariusp
03-26 10:52 AM
I second that. I filed using labor subst and let me tell you, not all of us buy/cheat to skip the line. I filed using another employee's labor who's working for the same company. My PD is in 2006 which doesn't help much and I've been working for this company way before 2006 anyway. So don't jump to conclusions because there still are people out there who use LC subst. for what it was intended for. And can anyone honestly say that they would refuse LC substitution because it is "evil"? I think that with the current situation we should take advantage of any break we can get.
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
bobzibub
07-10 11:48 AM
My wife suggested the same thing about an hour ago after getting our lawyer's visa bill for my worthless 485 application. (#$#$%you very much US government!)
It is much better to run to something than run from something. But maybe it is time.
It is much better to run to something than run from something. But maybe it is time.
more...
samay
07-21 08:23 PM
Hi,
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
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STAmisha
08-28 06:53 AM
I went through www.canadavisa.com . they are good
BTW, Jobs in Canada requires local licenses etc. So you better checkout.
But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)
BTW, Jobs in Canada requires local licenses etc. So you better checkout.
But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)
more...
tikka
07-03 11:40 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 229 DIGS
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS
http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS
http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS
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mbawa2574
02-15 07:18 PM
That's taking it a bit too far, I might disagree on most of the things ROW people say but I am not here to make enemies. I have waited and I do not want others also to wait, I just want everybody (including ROW people) to get out of this mess as fast as possible.
IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.
IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.
more...
Legal
07-21 05:34 PM
Sorry, silly question. Does this mean that these 32k visas are available to the EB2 I/C folks in Aug/Sep?
Nothing can be silly when it comes to interpreting USCIS rules and regulations.
Unused numbers should be used before Sep 30th. There is no mechanism for overflow of numbers to next year.
Nothing can be silly when it comes to interpreting USCIS rules and regulations.
Unused numbers should be used before Sep 30th. There is no mechanism for overflow of numbers to next year.
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ita
04-15 08:15 PM
I remember reading last year a kid who posted something about why he doesn't like Saino was nabbed by cyber crime team near Delhi.Don't know what happened to him after that.
Also I read about Chetan Kunte in the NDTV-Mumbai issue.
CEC Gopalaswami said that Navin Chawla one of the EC always runs to loo breaks when they are in the middle of important decision making which may have not so good effect on a certain party and by the time Navin Chawla came back from loo break there would be a call from Congress party trying to pressurize the decision of Election commission.
I read somewhere Rahul Gandhi during Boston arrest was rescued by Saino men in Vajpayee govt.
Navin Chawla will most probably succeed Gopala Swami when he retires this month.
Of course we all know about our honorable president (with due respect to her ,her body language looks like I'm sorry madam I'm sitting on a sofa in front of you when I should be by your feet ,when she's around Sonia Gandhi)
Looks like this family has bought men all over the place.Now makes sense where all the scam money (be it oil scam or missile scam) goes.
No wonder Varun Gandhi's issue was made such a big controversy even when nothing was proved.
Kapil Sibal wanted to pull a Varun Gandhi stunt with Modi and Modi's response is hilarious.
"To Union Minister Kapil Sibal’s remarks that Mr. Modi should be arrested for his rabid remarks, he said: “You have my address and you are free to arrest me anytime, if you have the guts.” “The jail that could keep me in is yet to be built in India,” he said.
http://www.hindu.com/2009/04/15/stories/2009041561271300.htm
Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.
Also I read about Chetan Kunte in the NDTV-Mumbai issue.
CEC Gopalaswami said that Navin Chawla one of the EC always runs to loo breaks when they are in the middle of important decision making which may have not so good effect on a certain party and by the time Navin Chawla came back from loo break there would be a call from Congress party trying to pressurize the decision of Election commission.
I read somewhere Rahul Gandhi during Boston arrest was rescued by Saino men in Vajpayee govt.
Navin Chawla will most probably succeed Gopala Swami when he retires this month.
Of course we all know about our honorable president (with due respect to her ,her body language looks like I'm sorry madam I'm sitting on a sofa in front of you when I should be by your feet ,when she's around Sonia Gandhi)
Looks like this family has bought men all over the place.Now makes sense where all the scam money (be it oil scam or missile scam) goes.
No wonder Varun Gandhi's issue was made such a big controversy even when nothing was proved.
Kapil Sibal wanted to pull a Varun Gandhi stunt with Modi and Modi's response is hilarious.
"To Union Minister Kapil Sibal’s remarks that Mr. Modi should be arrested for his rabid remarks, he said: “You have my address and you are free to arrest me anytime, if you have the guts.” “The jail that could keep me in is yet to be built in India,” he said.
http://www.hindu.com/2009/04/15/stories/2009041561271300.htm
Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.
more...
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snathan
03-30 02:08 PM
May I know who is that redard gave me red...?
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vgweb
09-14 02:38 PM
Thanks for the great service- H1B valid for 3 years, 485 pending more than 180 days, need to go back abroad and work for another employer in abroad a year and then come back US - Working for different employer in abroad would cause any issues with H1B or GC? Pls provide ur valueable suggestions
more...
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mchundi
02-19 04:49 PM
What you are talking here is the Eb1-EA category.. and not the general EB1 category..
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
How many of the top indian IT companies file GC's for their employees?:rolleyes:
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
How many of the top indian IT companies file GC's for their employees?:rolleyes:
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shukla77
07-29 12:27 PM
I think what Ron is saying does make sense.
more...
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Googler
02-15 10:28 PM
My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.
If you really want to have this change, it is the US congress that you can deal with.
As I've said, I work for a law firm.
Why don't ask your immigration lawyer first regarding the "class action" you are talking about.
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- 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.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
If you really want to have this change, it is the US congress that you can deal with.
As I've said, I work for a law firm.
Why don't ask your immigration lawyer first regarding the "class action" you are talking about.
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- 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.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
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snram4
01-16 01:31 PM
Accepting regulations does not mean to prevent Indians to come here. I can tell many examples. There are many bodyshoppers get h1B and make the persons to sit on bench in India or USA. I know some persons come here 1 year after getting h1b. But many reputed companies those who are real need of people could not get H1b as Cap was reduced. Putting restrictions on on bodyshoppers will improve H1b usage and wastage can be eliminated. And will make h1b program legitimate.
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
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freakin_gc
02-12 01:03 PM
Whether unused visa in EB-3 Row will go to EB3 India?
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
proengineer
10-15 02:59 PM
Interesting statistics posted on Ron Gotcher forum
Credit to Nolefan
Hello Ron,
I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.
Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered
* Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
* All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
o consular processing (EB1 & EB2)
o ROW (EB1 & EB2) + Mexico + Philippines
* most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
* Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.
Calculations
EB1 spill over
Total quota allowed: 40040
Average consular processing: 5290
AOS Pending: 4050
New applications: 2500
spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
spill over from EB1~ 28500
EB2 spill over
Total quota allowed: 40040
Average consular processing: 2199
AOS Pending (ROW): 7871
New applications: 2500
spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
spill over from EB1~ 27470
Total EB1 & EB2 spill over = 28500 + 27470
Total EB1 & EB2 spill over = 55970
EB4 spill over
Total quota allowed: 9800
Average visa numbers used: 7432�� based on data from 1998 to 2008
spill over = 2368
EB5 spill over
Total quota allowed: 9800
Average visa numbers used: 465 �� based on data from 1998 to 2008
2008 data: 1360
spill over : 8440
Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)
i.e. 28500 + 27470 + 2368 + 8440 ..
Total spill over for EB2 India / China: 66778
Preadjudicated EB2 India / China applications ~ 51000
Total pending EB2 India / China ~ 67061
If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.
Credit to Nolefan
Hello Ron,
I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.
Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered
* Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
* All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
o consular processing (EB1 & EB2)
o ROW (EB1 & EB2) + Mexico + Philippines
* most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
* Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.
Calculations
EB1 spill over
Total quota allowed: 40040
Average consular processing: 5290
AOS Pending: 4050
New applications: 2500
spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
spill over from EB1~ 28500
EB2 spill over
Total quota allowed: 40040
Average consular processing: 2199
AOS Pending (ROW): 7871
New applications: 2500
spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
spill over from EB1~ 27470
Total EB1 & EB2 spill over = 28500 + 27470
Total EB1 & EB2 spill over = 55970
EB4 spill over
Total quota allowed: 9800
Average visa numbers used: 7432�� based on data from 1998 to 2008
spill over = 2368
EB5 spill over
Total quota allowed: 9800
Average visa numbers used: 465 �� based on data from 1998 to 2008
2008 data: 1360
spill over : 8440
Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)
i.e. 28500 + 27470 + 2368 + 8440 ..
Total spill over for EB2 India / China: 66778
Preadjudicated EB2 India / China applications ~ 51000
Total pending EB2 India / China ~ 67061
If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.
sledge_hammer
05-29 11:42 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?
I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.
I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.
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