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  • eb2_mumbai
    09-28 10:48 AM
    I have a few questions of guru's on this forum.

    What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?

    The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.

    At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture





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  • Lasantha
    02-13 11:19 AM
    There's no POW at least where this topic is concerned. Somebody said that as a joke. ROW of course as Chintu said is Rest Of the World

    What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!





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  • polapragada
    10-16 12:29 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.


    Too good to believe..I hope it would go correct:D
    And one more PRO factor is that EB1 are under high scruitny so less EB1s so high spillovers than ever before..





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  • PlainSpeak
    01-14 12:58 PM
    don't make up your own sorry, sad, soap opera



    Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
    You think that by arguing on the forum, you can come up with a better idea.
    So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
    If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
    You have clearly shown that you know nothing.
    This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing on forums.
    You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
    don't make up your own sorry, sad, soap opera
    My friend a correct it is not mine but it is a sad reflection of your story

    Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
    Ahhh my friend no one is asking for core to implement this suggestion. The suggestion was for discussion. Now all we had is name calling but no dicsussion. I hve not had even one esteemed member and donort and volunteer explain to me why this idea is a bad idea

    You think that by arguing on the forum, you can come up with a better idea.
    My friend for an idea yes discusiion is needed. Now once the idea is agreed upon it has to be fleshed out. That is when people get inv,loved in doing the ground work and i knwo i could go aon and on burt what is the use of talking about a house bluepritn when all guys are willing able and ready to do is tear up the idea in a ferezy

    So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
    Eggs at IV?? My friend if my intention was naything i would have been much worse. But i stil have hope in you all. At some point of time tempers will cool down and people will start thinking rationally

    If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
    You have clearly shown that you know nothing.
    Yes i did not work because i choose not to. Evrybody started as a fresher in any xcareer. No body was born experienced. Now you can take this point as my plunge into IV work but noooooo you do not want a person with a different idea. You want a slave who wil lsay Yes Master and do your bidding.


    This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing
    on forums.
    Who is cursing on forum. If you read through the messages again you people are cursing and i am patiently replying back to each and every one

    You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
    My friend i will not jump into a hole in the ground if i am a sheep and the hole contains 100 wolfs baying for blood(yes that would be all you abusers). Since we are talking about actionable idea let me talk about something

    When i started this topic i had about 800 + points. When i last checked i have now - 2000 points. All these given by people like you (All these donors and senior members). Now you are asking me for specific details of my plan and my thinking is they heard the plan and got so pissed off that they started abusing me very badly and gave me so many reds that it must be a IV record and now uyou get a brain wave and i am supposed to tell specifics of my plan. What conditions are you as a IV member creating for me discussing my ideas. NOTHING. So that would mean you have no interest in listening to what i say but are just acting nice so that all thiose silent readers of the post will not notice this and think that you are doing great



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  • dealsnet
    03-30 01:26 PM
    You are correct. No one is good enought to govern. All of them are corrupt or their pary is corrupt. Any one can become PM, nothing will change. May be some one like Mahatma Gandhi come and govern our motherland. Just a wish.


    I am just wondering.....
    when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
    I am just wondering.....
    will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
    I am wondering.....
    when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....





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  • ebizash
    08-02 02:18 PM
    How does one check the comments left along with red and green dots?



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  • longq
    02-13 03:53 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.

    In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..

    Before AC21

    3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    After AC21..

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.





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  • yabadaba
    02-14 02:31 PM
    http://www.ailf.org/lac/lac_lit_030402a.asp
    WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.

    Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.

    The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.

    If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
    dude..lazycis...this is awesome precedent. it doesnt get easier than this....its exactly the same as what we are going after. there was wastage in numbers, thereby hardship in terms of renewals of eads

    what type of profile would a class based plaintiff have? will any of the july filers be able to "qualify" as a plaintiff in this class action lawsuit



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  • alien2006
    08-30 03:09 PM
    I would suggest checking out www.canadaimmigrants.com and other such websites before plunging into Canada. A good idea is also to check out monster.ca for your job situation. I checked that as well as monsterindia. Guess what, there were 50 times more jobs in India than in Canada (at least in IT). After a lot of debate we have decided to stick in the US through this entire GC process. If it fails, we go back to India where we are with our family as well as have good job prospects. If the intent to immigrate to the US continues, we will try to come here again and restart the GC process.

    Almost all the people I know who have or want to go to Canada, don't really want to live there more than 3 years. They just want their citizenship and then want to move back to the US. So I don't see the point of living in yet another country and besides I hate the cold. Just another point of view.





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  • arunmohan
    09-23 04:02 PM
    are you sure that 5882 is dead ??? in that case, I agree lets do this on a major scale ...we don't have to say accurately how many people have not bought the house ...lets say 80% of legal high paying immigrants are not buying because they don't have a GC ..(I did not read the prev threads in detail ..but I guess we need to include everyone ..and not just those who have not yet taken the plunge ..as that is more realistic) ....

    I would suggest to everyone to pass this information to your freinds too. We need to do it on massive way.

    Sending an email is not going to create any problem just a 2-3 minutes job.

    I am sending to all my 40-60 friends.



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  • GCmuddu_H1BVaddu
    09-16 10:20 PM
    Fool, I will ask a new question.

    Did NTR fathered you OR NTR, Chandrababu together fathered you? OR are you upset because YSR did not father you ? Ask your M and comeback and tell us.

    If you don't like a person keep it to you. Don't rant on dead people caste based and make fool of you.

    GCmuddu_H1BVaddu,

    I ask the same question as asked by others. Is YSR your father or did he fathered you? If you like him, keep it to yourself otherwise prove that all facts posted by me are wrong ?

    If you rant on me, you only make fool of yourself...by the way I can rant on you too.





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  • santa123
    07-25 01:34 PM
    A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.

    Though I appreciate all the analysis and the hardwork by several folks here to get to the numbers, I am thinking that we should not get carried away and set high expectations for ourselves and others. Your confidence levels are very high, but remember there are some assumptions in the calculations and we are dealing with govt agencies... just wanted all EB2s to hope for the best and prepare for the best...
    ;)



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  • test101
    07-04 11:27 AM
    Legal immigrants and the prison of USCIS





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  • vin13
    09-15 12:41 PM
    Seems like the spill-overs happen at the end of the year which helps dates for India to advance.

    Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.



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  • va_il
    07-12 09:39 PM
    I wonder how you guys feel with the latest developments ... you changed your plans or your sourness to US has subsided?

    BTW we used to read a story in our childhood .. Grapes that are not reachable to you are always sour ... the moment you can reach them they suddenly become delicious :)





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  • amoljak
    10-23 04:02 PM
    Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?

    eb3_nepa, some people have the special ability to create business opportunities when others see none. E.g. Do you think a job at a primary school can be sold? Think again. You have to buy it in India. Another example... have you been to the Empire state building? For $12 you can wait in line for ~4 hours and enjoy the view after that. But for $40 you can go straight to the top. With labor sub its the same deal. Your company has an approved labor, there are 5 suckers who would otherwise wait 10 years in the GC line. They all do a great job of Java programming that you need your prospective employee to do. How do you decide which one to hire?

    For some companies its easy.. they select the one who pays them a premium.

    To your other question... no you cannot transfer approved labor to other company... so if you want to be in this business of labor subs, you have to go through the pains of labor before being able to sell one...

    Some smart people have figured another great business. They go through the labor pains once and then clone the labor certs (hint: color copier)... those visionaries sometimes end up behind bars...



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  • rajsenthil
    09-03 09:42 AM
    It is sad to lose a leader who got elected democratically.
    It was also sad that few people who could support SRK (does that related to our immigration issue :confused:) but comfortably felt that missing YSR is not as important as SRK.





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  • Macaca
    06-27 11:03 AM
    From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
    With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
    However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.





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  • Rb_newsletter
    01-13 06:16 PM
    GC is for future employment....this memo is only for H1B. Otherwise you can sue them.

    haha I wonder if they understand that rule. If they did, then why are they asking for pay stubs for past 2 years?





    go_guy123
    03-19 05:34 PM
    It is easy. www.cic.gc.ca

    BTW, the job situation is not great there. Others can input too


    Yes true. I am planning to do MBA at U of T for 2 years out of the 3
    needed for citizenship. In fact half of U of T Rotman (high rank as per businessweek ) look at US job market after graduation.

    Its good for Finance and Toronto is close to new york area.
    Yes for IT jobs it isnt that good.





    vdlrao
    07-24 09:01 PM
    http://www.immigration-information.com/forums/showthread.php?t=5456&page=8


    #78 07-07 12:43 PM
    guchi472000 guchi472000 is offline
    Junior Member Join Date: Mar 2008
    Posts: 13


    Re: Visa Bulletin answers and other isssues

    --------------------------------------------------------------------------------

    Hi Ron.

    Any predictions for Aug-08 visa bulletine.

    Thanks.

    guchi472000
    View Public Profile
    Find all posts by guchi472000

    #79 07-07 01:30 PM


    Re: Visa Bulletin answers and other isssues

    --------------------------------------------------------------------------------

    I suspect there won't be much change from the July bulletin.
    __________________

    Ron Gotcher Ron Gotcher is offline
    Attorney at Law Join Date: Sep 2005
    Location: Los Angeles, CA, USA
    Posts: 6,767
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    07-07 01:30 PM
    Ron Gotcher Ron Gotcher is offline
    Attorney at Law Join Date: Sep 2005
    Location: Los Angeles, CA, USA
    Posts: 6,767
    Blog Entries: 11


    Re: Visa Bulletin answers and other isssues

    --------------------------------------------------------------------------------

    I suspect there won't be much change from the July bulletin






    As our "Legal" mentioned please see Ron's commets on the Aug 2008 Bulletin, before its released.