immigration07
04-19 10:19 AM
Bunnyboy is a member of IV's forum and he had a magic sequence number to call USCIS, that will hit the USCIS IO not the CS dept.
Fdbl another name of fragomen. I wanted to say that fragomen lawers are well respected within USCIS. The IO was very polite after hearing my case was filed though fragomen.
Till now i or my wife does not have any RFE throughout our L1/L2 to GC. Now GC is in hand.
I know they are little slow, but you have to followup to make it fast. One thing is they donot take shortcut in process. Thats the reason many are frustrated. Desi lawers and companies can go to any extent and we should not compare that with a professional law firm.
I am wondering your logic for using "desi lawyers". They graduated through the same system as any other "book smart" attorney in the "smart" fragomen system. I think it is always a negative to go through a large law firm. An association with a large firm must not be confused with efficiency. Who knows...might be freebies which they provide to HR grp of the large firms keeps them in the picture.......................
Fdbl another name of fragomen. I wanted to say that fragomen lawers are well respected within USCIS. The IO was very polite after hearing my case was filed though fragomen.
Till now i or my wife does not have any RFE throughout our L1/L2 to GC. Now GC is in hand.
I know they are little slow, but you have to followup to make it fast. One thing is they donot take shortcut in process. Thats the reason many are frustrated. Desi lawers and companies can go to any extent and we should not compare that with a professional law firm.
I am wondering your logic for using "desi lawyers". They graduated through the same system as any other "book smart" attorney in the "smart" fragomen system. I think it is always a negative to go through a large law firm. An association with a large firm must not be confused with efficiency. Who knows...might be freebies which they provide to HR grp of the large firms keeps them in the picture.......................
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Dhundhun
06-28 12:33 AM
nope didn't send photos
So, no way USCIS can give you EAD before you appear for FP. I am in same boat.
They need latest photo. As per requirement it should be taken within 30 days of filing the application.
(http://www.uscis.gov/files/form/I-765instr.pdf page 6 )
So, no way USCIS can give you EAD before you appear for FP. I am in same boat.
They need latest photo. As per requirement it should be taken within 30 days of filing the application.
(http://www.uscis.gov/files/form/I-765instr.pdf page 6 )
nyte_crawler
03-14 10:19 AM
Agreed. I think there are people like myself whose PD is in 2002 and are eligibile to move to EB2 after finishing advanced degrees and adding another 5 years of experience during the process.
It�s good that at least some of us are getting VISAs, instead of VISAs being lost.
However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.
Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406
http://www.murthy.com/news/n_analys.html
Transfer of the Earlier Priority Date : EB3 to New EB2
�MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
It�s good that at least some of us are getting VISAs, instead of VISAs being lost.
However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.
Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406
http://www.murthy.com/news/n_analys.html
Transfer of the Earlier Priority Date : EB3 to New EB2
�MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
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gunabcd
07-17 10:17 PM
if i was an EB-3 applicant (thats AFTER EB-2 and AFTER EB-1) i would be careful about who i call stupid and educationally unqualified.....chill big guy....:)
if you read my post carefully (and if you can understand it) u'll notice that i called the "idea" stupid not the person. Filing in EB3 or EB1 does not prove your IQ.
if you read my post carefully (and if you can understand it) u'll notice that i called the "idea" stupid not the person. Filing in EB3 or EB1 does not prove your IQ.
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nlssubbu
10-09 04:42 PM
Berry, Appleman & Leiden LLP is very good firm. I have very good experience with them. They completed all my paper work on Jun 30, so that they can file by July 2. Also the attorney and the para-legal were really good and replied to my questions patiently. The website is http://www.usabal.com/
Karthik
My entire H1 / GC process were handled by them and even during rough times, they help me a lot. They are very quick in responding back with details and provide necessary assistance whenever needed.
Thanks
Karthik
My entire H1 / GC process were handled by them and even during rough times, they help me a lot. They are very quick in responding back with details and provide necessary assistance whenever needed.
Thanks
needhelp!
11-16 12:44 PM
I totally understand the push from IV to encourage state chapters and build grassroots strength to this movement.
Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .
Start contributing: I have already contributed $100 and will contribute further as and when I can.
Volunteer for IV: Volunteered to start the state chapter.
Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,
You must promote your state chapter by starting a thread and keeping it alive so those visiting the forums will know. (most people only look at latest threads)
Where is the link to your state chapter in your signature?
Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .
Start contributing: I have already contributed $100 and will contribute further as and when I can.
Volunteer for IV: Volunteered to start the state chapter.
Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,
You must promote your state chapter by starting a thread and keeping it alive so those visiting the forums will know. (most people only look at latest threads)
Where is the link to your state chapter in your signature?
more...
unitednations
03-21 09:41 PM
this whole issue of undistributed visas has been going on since 2005. It was thoroughly digested/analyzed by many, many people. The discussions had a lot of infighting just like this thread does.
The law hasn't changed; therefore, a different interpretation leaves open possibility of lawsuits.
I read the law to say specifically that if there is more people in que for greencard then hard limit of 7% to anyone country. Until there is less demand for eb1/eb2/eb3 as a whole then hard cap.
2005 and 2006 the number of greencards issued to anyone particular company had 7% total. Last year; particularly the summer, visas were used to overflow to china/india when they shouldn't have because in september eb3 row was retrogressed and so was eb2 row. Under the law; if eb3 row is not current then there can be no overflow of visas.
Most of row has sat idly while the visas have overflowed when they should not have. All it takes is someone from ROW to sue USCIS over this. However; no one does simply because by the time the lawsuit comes; there dates would probably be current and lawsuit would go away.
as an fyi; i don't think anyone has posted but there has been some peoples greencards which were approved in september and october where uscis sent a notice to rescind because the date wasn't current when it got approved. USCIS does have a track record now of rescinding or starting recission procedures if they have made a mistake. If ROW people do make some commotion to ombudsmen, senators, etc.; and oversubscribed countries go over 7% in this fiscal year then we could have some problems.
as an fyi; i am from row (got greencard a year ago) but thought I'd intervene since I was pretty heavily involvded in these discussions about three years ago.
The law hasn't changed; therefore, a different interpretation leaves open possibility of lawsuits.
I read the law to say specifically that if there is more people in que for greencard then hard limit of 7% to anyone country. Until there is less demand for eb1/eb2/eb3 as a whole then hard cap.
2005 and 2006 the number of greencards issued to anyone particular company had 7% total. Last year; particularly the summer, visas were used to overflow to china/india when they shouldn't have because in september eb3 row was retrogressed and so was eb2 row. Under the law; if eb3 row is not current then there can be no overflow of visas.
Most of row has sat idly while the visas have overflowed when they should not have. All it takes is someone from ROW to sue USCIS over this. However; no one does simply because by the time the lawsuit comes; there dates would probably be current and lawsuit would go away.
as an fyi; i don't think anyone has posted but there has been some peoples greencards which were approved in september and october where uscis sent a notice to rescind because the date wasn't current when it got approved. USCIS does have a track record now of rescinding or starting recission procedures if they have made a mistake. If ROW people do make some commotion to ombudsmen, senators, etc.; and oversubscribed countries go over 7% in this fiscal year then we could have some problems.
as an fyi; i am from row (got greencard a year ago) but thought I'd intervene since I was pretty heavily involvded in these discussions about three years ago.
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Jaime
09-11 04:51 PM
Email us!!!! We'll help you!!!!
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logiclife
03-05 11:14 AM
Guys, let me say something here.
$5000 for one query is not an unfair amount of money. The reason I say this is because I know a thing or two about writing quality queries, I have done that for the last 6 years of my 9 year career querying the heck out of Oracle CRM.
It does take time to write queries and the time it takes depends on how many pieces of information you want to bring together. The wider your spreadsheet is for the final output, the more islands of data need to be connected to fetch that output. Those who are familiar with SQL would know that I am talking about going thru potentially 20-25 tables and joining them to get data. This is probably not going to be a select * from 485_cases kind of query. If it takes 100 hours of time to write such a query, at $50 per hour of programming time, it could be 5000. Most likely it may be fewer hours if they have a programmer with knowledge on staff.
The problem here is not 5000 dollars. The problem here is that the situation is hopeless because they dont assign country of chargeability to pending 485 cases up until they are ready to approve them, if I read it correctly. The data that is not captured is the data that cannot be queried, simple as that.
And on that note, thanks to "Needhelp!" for shining some light on USCIS process thru her FOIA.
$5000 for one query is not an unfair amount of money. The reason I say this is because I know a thing or two about writing quality queries, I have done that for the last 6 years of my 9 year career querying the heck out of Oracle CRM.
It does take time to write queries and the time it takes depends on how many pieces of information you want to bring together. The wider your spreadsheet is for the final output, the more islands of data need to be connected to fetch that output. Those who are familiar with SQL would know that I am talking about going thru potentially 20-25 tables and joining them to get data. This is probably not going to be a select * from 485_cases kind of query. If it takes 100 hours of time to write such a query, at $50 per hour of programming time, it could be 5000. Most likely it may be fewer hours if they have a programmer with knowledge on staff.
The problem here is not 5000 dollars. The problem here is that the situation is hopeless because they dont assign country of chargeability to pending 485 cases up until they are ready to approve them, if I read it correctly. The data that is not captured is the data that cannot be queried, simple as that.
And on that note, thanks to "Needhelp!" for shining some light on USCIS process thru her FOIA.
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delhiguy79
07-19 07:02 PM
Hi All,
We should do somehting instead of just waiting for the receipt. I emailed USCIS and NSC today. Please try to send emails to confirm that we can file 485 without i 140 receipt.
it wud b gr8 if u can help with the e mail ids....
We should do somehting instead of just waiting for the receipt. I emailed USCIS and NSC today. Please try to send emails to confirm that we can file 485 without i 140 receipt.
it wud b gr8 if u can help with the e mail ids....
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walking_dude
10-05 08:48 AM
Troy is fine with me. Unless someone has a pressing reason (other than geographical location) lets stick to the time and venue.
Please update the first post with venue and timings in big and bold letters ( I used 'Arial Black', Size 5, Bold below)
IV MI Meet
Location : Troy Recreation Center, Troy ( Livernois b/n Big Beaver and Wattles)
Address : 3179 Livernois, Troy, MI 48083 ( courtesy Google)
Time : 10:00 am sharp ( no ISTs)
Agenda : Discuss future actions - Lawmaker meetings, publicity campaign, getting attorneys to answer GC questions pro bono etc.
Ok so we have a place in mind?
I suggest Troy. It will be center to all?
On 10-20 at 10:00 Am we can meet at Troy recreation center. This is on Livernois road, between Big beaver and 17 mile(wattles).
Or if you have more fitting place in mind, please suggest.
All that can make it, please update your personal information on your account here.
Please update the first post with venue and timings in big and bold letters ( I used 'Arial Black', Size 5, Bold below)
IV MI Meet
Location : Troy Recreation Center, Troy ( Livernois b/n Big Beaver and Wattles)
Address : 3179 Livernois, Troy, MI 48083 ( courtesy Google)
Time : 10:00 am sharp ( no ISTs)
Agenda : Discuss future actions - Lawmaker meetings, publicity campaign, getting attorneys to answer GC questions pro bono etc.
Ok so we have a place in mind?
I suggest Troy. It will be center to all?
On 10-20 at 10:00 Am we can meet at Troy recreation center. This is on Livernois road, between Big beaver and 17 mile(wattles).
Or if you have more fitting place in mind, please suggest.
All that can make it, please update your personal information on your account here.
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swaroopmukka
07-19 02:52 PM
SVAM77,
I'm planning to file my 140 and 485 concurrently on the same exact day. Will there be any problem with USCIS accepting my 485 because I'm filing 140 also on the same day ??
Thanks
I'm planning to file my 140 and 485 concurrently on the same exact day. Will there be any problem with USCIS accepting my 485 because I'm filing 140 also on the same day ??
Thanks
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Ramba
05-30 05:44 PM
Fragomen Website talks about the bill and the amendment to the bill to reinstate most of the SKIL bill provisions. Perhaps, this amendment will be considered in the senate.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9c1274840ebee3c3852572eb006fde98?OpenDocument
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9c1274840ebee3c3852572eb006fde98?OpenDocument
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abhijitp
11-15 07:15 PM
I totally understand the push from IV to encourage state chapters and build grassroots strength to this movement.
Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .
Start contributing: I have already contributed $100 and will contribute further as and when I can.
Volunteer for IV: Volunteered to start the state chapter.
Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,
Singlemost big bottleneck is lack of "Visa Numbers"...
485 applications pending :~340,000( ~ 320,000(recent flood) + ~20,000 SWAG on previously pending ).
visa numbers have been lost in the recent past - ~200,000 (This is the number thrown around)
Visa numbers available if we recapture :~340,000 (200,000 + 140,000 of this years quota)
So, if we had not lost those numbers, retrogression would be minimal/reasonable.
We could have even accommodated the skewness of India & china numbers, because each year India & China would have been benefitted by unused ROW numbers.
From my above understanding, the quota(140,000) fixed seems to be fine/reasonable, though per country quota is extremely unrealistic. But even this will not hurt much as long as unused numbers are used up by year end.
IMHO, demanding recapture is more an easy/winnable/achievable argument than the one to raise the quota itself .
Because the reason the visa numbers were lost is purely due to incompetencies of two federal institutions. State Dept and USCIS.
For two and half years (05 - 07 June) they artificially retrogressed the dates
way back to 1999 - 2001.
This prevented any approvals and new applications even though plenty of visa numbers were available(~ 200,000 cumulative).
For congress/senate it is easy to make their case for recapture citing incompetencies of these institutions rather than making case for "INCREASE" in numbers.
Many ways to achieve this objective- Ask for increase and settle for recapture.
Anyway - My point is Recapture will solve most of our problems and we should channel most of our resources to achieve this objective.
Great initiative setting up your state chapter! Thanks, and good luck!
Now, recapturing wasted visa numbers is (IMO) obviously on the agenda. However, as you know almost everything has to happen via a change in the legislation. This is doable, but will require months, if not years, of careful planning and execution. That is why the need to strengthen the organization at the grass roots level.
Appreciate your post, thanks!
Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .
Start contributing: I have already contributed $100 and will contribute further as and when I can.
Volunteer for IV: Volunteered to start the state chapter.
Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,
Singlemost big bottleneck is lack of "Visa Numbers"...
485 applications pending :~340,000( ~ 320,000(recent flood) + ~20,000 SWAG on previously pending ).
visa numbers have been lost in the recent past - ~200,000 (This is the number thrown around)
Visa numbers available if we recapture :~340,000 (200,000 + 140,000 of this years quota)
So, if we had not lost those numbers, retrogression would be minimal/reasonable.
We could have even accommodated the skewness of India & china numbers, because each year India & China would have been benefitted by unused ROW numbers.
From my above understanding, the quota(140,000) fixed seems to be fine/reasonable, though per country quota is extremely unrealistic. But even this will not hurt much as long as unused numbers are used up by year end.
IMHO, demanding recapture is more an easy/winnable/achievable argument than the one to raise the quota itself .
Because the reason the visa numbers were lost is purely due to incompetencies of two federal institutions. State Dept and USCIS.
For two and half years (05 - 07 June) they artificially retrogressed the dates
way back to 1999 - 2001.
This prevented any approvals and new applications even though plenty of visa numbers were available(~ 200,000 cumulative).
For congress/senate it is easy to make their case for recapture citing incompetencies of these institutions rather than making case for "INCREASE" in numbers.
Many ways to achieve this objective- Ask for increase and settle for recapture.
Anyway - My point is Recapture will solve most of our problems and we should channel most of our resources to achieve this objective.
Great initiative setting up your state chapter! Thanks, and good luck!
Now, recapturing wasted visa numbers is (IMO) obviously on the agenda. However, as you know almost everything has to happen via a change in the legislation. This is doable, but will require months, if not years, of careful planning and execution. That is why the need to strengthen the organization at the grass roots level.
Appreciate your post, thanks!
more...
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rajmehrotra
09-12 01:06 PM
Cute responses to serious issues from presidential candidates when they are trying to get elected should be evaluated with a few grains of salt. These are mere sound bites for general media consumption.
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felix31
12-04 11:29 PM
How can you say there is no stress for the person working at home, raising the family?
The poor H1 soul is constantly over-stressed as he is supporting a spouse and a child or even two children.
Imagine how the H4 spouse feels...he/she cannot do a thing to alleviate frustrations of his loved ones as her hands are tied..
I deeply care for my husband and I had lived through some agonizing days in the past when he was out of work, without salary etc..knowing how much he is in pain himself as everyone and everything depends on him, literaly....
We will be moving away soon 'cause we care too much for each other's happines to continue to live in the circumstances where we only suffer ...
The poor H1 soul is constantly over-stressed as he is supporting a spouse and a child or even two children.
Imagine how the H4 spouse feels...he/she cannot do a thing to alleviate frustrations of his loved ones as her hands are tied..
I deeply care for my husband and I had lived through some agonizing days in the past when he was out of work, without salary etc..knowing how much he is in pain himself as everyone and everything depends on him, literaly....
We will be moving away soon 'cause we care too much for each other's happines to continue to live in the circumstances where we only suffer ...
more...
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GCRIDER
10-15 10:03 PM
Can anyone suggest a good lawyer based in N.J
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sumagiri
07-15 06:07 PM
I already mentioned in my previous posts (multiple posts with same matter for people like you and me, see it and understand it well) how we are getting more than 50k visas just for EB2 India. I am giving it here again the visa allotments for 2006 and 2007 years when theres vertical fallouts. Now its changed to horizontal fall outs.
Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.
Class --------------------------------------> 2006 | 2007
Total Employment-based Approvals ----------> 159,081 | 162,176
EB1 ---------------------------------------> 36,960 | 26,697
EB2 ---------------------------------------> 21,911 | 44,162
EB3 ---------------------------------------> 89,922 | 85,030
Fourth:-------------------------------------> 9,539 | 5,481
Fifth (investors) ----------------------------> 749 | 806
See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.
EB1 ROW --> EB2 ROW --> EB3 ROW.
EB1 INDIA --> EB2 INDIA --> EB3 INDIA.
As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.
EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.
So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.
As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.
So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are
(93,332 +19,000) - 70,000 = 42,332.
So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.
Get me back if you have any doubts.
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.
Class --------------------------------------> 2006 | 2007
Total Employment-based Approvals ----------> 159,081 | 162,176
EB1 ---------------------------------------> 36,960 | 26,697
EB2 ---------------------------------------> 21,911 | 44,162
EB3 ---------------------------------------> 89,922 | 85,030
Fourth:-------------------------------------> 9,539 | 5,481
Fifth (investors) ----------------------------> 749 | 806
See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.
EB1 ROW --> EB2 ROW --> EB3 ROW.
EB1 INDIA --> EB2 INDIA --> EB3 INDIA.
As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.
EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.
So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.
As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.
So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are
(93,332 +19,000) - 70,000 = 42,332.
So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.
Get me back if you have any doubts.
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
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mshelat
06-07 01:01 PM
That doesn't mean nothing is being done. I am continuing to do a lot of work on this, but there is nothing new to post right now.
To date I have been able to get every newspaper in the country to do stories on this, as well as three scathing editorials in the NY Times, LA Times, and Mercury News, all of which slammed the government for its action.
I have worked with the staff of a member of Congress to ensure that house representatives were aware of the issue.
As a result, the house of representatives unanimously passed the HEART Act giving stimulus payments to affected soldiers overseas.
I have been able to get an important legal organization to review and research the topic for possible litigation.
I would love to go over the legal details with you, but it is not prudent to give too much detail here right now.
And finally, I have been corresponding with immigrants like you providing advice and updates on the situation.
I am not sure what more you expect.
You have been doing a great job. Please keep it up. Have a nice weekend and relax.
To date I have been able to get every newspaper in the country to do stories on this, as well as three scathing editorials in the NY Times, LA Times, and Mercury News, all of which slammed the government for its action.
I have worked with the staff of a member of Congress to ensure that house representatives were aware of the issue.
As a result, the house of representatives unanimously passed the HEART Act giving stimulus payments to affected soldiers overseas.
I have been able to get an important legal organization to review and research the topic for possible litigation.
I would love to go over the legal details with you, but it is not prudent to give too much detail here right now.
And finally, I have been corresponding with immigrants like you providing advice and updates on the situation.
I am not sure what more you expect.
You have been doing a great job. Please keep it up. Have a nice weekend and relax.
NolaIndian32
11-10 05:33 PM
Nola, your intentions are good, but I do not agree with your conclusion. You are biased against yourself and other applicants.
1. who, applicant or cis, is required to make sure gc process is properly followed?
2. also, if someone goes thru' "pain of gc revocation" due to cis error, isn't it ethical (and legally required) to provide "ead/ap" (so person can continue to work and feed his family, be in status), "reinstatement of (again) pending 485" etc. to that person by cis?
3. are these legal & ethical norms only applies to one party or both parties involved in this process?
I understand what you are saying. Both, the applicant (or applicant's attorney) and CIS shold follow the correct procedure. However, there should be no elation to getting a GC when the PD is not current, hence there should be no distress for its "revocation" - which again is a matter of semantics, there is no GC, hence there is no revocation.
I commented on what the applicant and the applicant's attorney should do based on what is ethically and legally appropriate. I did not comment on what USCIS may or may not do to resolve such a situation.
I understand the struggle you metion; I have been in the US since 1994, i lost my priority date of Aug 2002 due to impatience with the backlog center. I started my GC process in 2001! I had a job loss due to Hurricane Katrina. I am married to a US Citizen, but cannot get sponsorship from that marriage due to DOMA. The pity list goes on and on for each and everyone of us. So believe, me, i understand the aspect of "struggle" that each of us has had to endure or is still enduring in order to get a GC.
I don't see how I am biased, especially against myself - that doesn't make sense. I am not an attorney, obviously, but i work very closely with attorneys, well it is essentially my job to work with them and the bottom line in every contractual arranagement or when applying the law, comes down to what are the obligations of the entities involved whether it is a contract or the practical application of the law.
-Nola
1. who, applicant or cis, is required to make sure gc process is properly followed?
2. also, if someone goes thru' "pain of gc revocation" due to cis error, isn't it ethical (and legally required) to provide "ead/ap" (so person can continue to work and feed his family, be in status), "reinstatement of (again) pending 485" etc. to that person by cis?
3. are these legal & ethical norms only applies to one party or both parties involved in this process?
I understand what you are saying. Both, the applicant (or applicant's attorney) and CIS shold follow the correct procedure. However, there should be no elation to getting a GC when the PD is not current, hence there should be no distress for its "revocation" - which again is a matter of semantics, there is no GC, hence there is no revocation.
I commented on what the applicant and the applicant's attorney should do based on what is ethically and legally appropriate. I did not comment on what USCIS may or may not do to resolve such a situation.
I understand the struggle you metion; I have been in the US since 1994, i lost my priority date of Aug 2002 due to impatience with the backlog center. I started my GC process in 2001! I had a job loss due to Hurricane Katrina. I am married to a US Citizen, but cannot get sponsorship from that marriage due to DOMA. The pity list goes on and on for each and everyone of us. So believe, me, i understand the aspect of "struggle" that each of us has had to endure or is still enduring in order to get a GC.
I don't see how I am biased, especially against myself - that doesn't make sense. I am not an attorney, obviously, but i work very closely with attorneys, well it is essentially my job to work with them and the bottom line in every contractual arranagement or when applying the law, comes down to what are the obligations of the entities involved whether it is a contract or the practical application of the law.
-Nola
ghost
07-04 11:28 PM
There are certainly anti-immigration groups like IEEE/US and others who will use every weapon at their disposal to sabotage legislations like SKIL BILL etc.
I'm not sure about the assumption that IEEE/US is anti-immigration group. They have lobbied for the PACE act in Senate and STEM act in the house: http://www.ieeeusa.org/policy/issues/innovation/index.asp
Both of them are for skilled immigrants. I cannot imagine that they will sabotage SKIL bill.
I'm not sure about the assumption that IEEE/US is anti-immigration group. They have lobbied for the PACE act in Senate and STEM act in the house: http://www.ieeeusa.org/policy/issues/innovation/index.asp
Both of them are for skilled immigrants. I cannot imagine that they will sabotage SKIL bill.
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