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  • Legal
    07-25 09:13 PM
    Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.

    Very true. My speculation :) is most EB2-I upto mid 2006 will be cleared up and the puny new numbers will trickle to keep the PD around June 2006, or slightly earlier rather than going to 2004 or earlier.





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  • ramus
    07-03 04:17 PM
    http://economictimes.indiatimes.com/US_cap_on_employment-based_visas/articleshow/2170349.cms





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  • vdlrao
    09-17 02:18 PM
    Hi VDLRAO,

    Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.

    Do you think EB2 I, will not be crossing 2005 by September 2010 ?


    By september 2010 EB2 India will surely enters into 2006.





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  • jeet
    07-03 11:54 AM
    I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

    My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.



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  • GCA
    08-17 01:47 PM
    Collin Powell incident is America's problem. Even after the civil rights movement and equality to Blacks, they are still having discrimination. Just ask Black people in America and how they feel in their daily life.

    So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?

    The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.

    There could be several reasons for people coming here. But most and primary reason is making some quick money and returning back. And a good portion of that money goes back to our motherland to prosper. People didn't flee the country. They flew out of the country because their skills are valued more elsewhere - its simple demand supply economics that made/makes our skills more valued outside - I don't want to eloborate more and hurt someone which definitely wasn't the intention.

    IF we are after the GC, its purely for the mobility and assurity it provides and not for the path to citizenship. Though most of them want to return back, we still want the GC so we call the shots and not the INS. Long story short, no one is a traitor. They are just common 'smart' people - yah, they are common from the land we come from.





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  • IV2007
    07-03 12:50 PM
    I don't have any documents/reciepts related to I-140.

    Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.

    In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?



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  • gc_wow
    09-23 05:25 PM
    I dont think there is a law which dictates spill over to happen in last quarter? Some USCIS crony has made that happen only in last quarter? Does any one know more about this?





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  • ocpmachine
    09-17 11:21 AM
    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.

    This is not entirely true, the spillovers in 2008 was given to PD's till mid 2006 and cases with FBI namecheck pending(PD's 2003/4/5) were not approved, so 2008 spillovers did not go fully to 2003/4/5 PD cases. However, in 2009 the spill overs go entirely to 2004 cases as FBI cleared name checks and due to pre-adjudication.

    So my take is it took part of 2008 spillovers + entire 2009 spillover numbers just to clear 2004 backlog, unless we have pre-perm Jan-Mar05 numbers we really cant logically predict the EB2 movement.

    Edit: oops, i see sachug22 already posted a similar reply, sorry for the duplicate post.



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  • snathan
    01-24 05:42 PM
    If most members are opposing the memo that is fine for me. I will take neutral Stand. Anyhow best wishes for winning the lawsuit if you file and win

    What good your stand is going to do and who cares it ?:confused:





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  • vine93
    09-23 05:12 PM
    Nixtor,

    This idea makes much sense and I am for it.
    Only hitch is how fruitful it would be launching it now. Why not to wait for next season ( Probably Democrats ).



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  • samay
    07-15 05:19 PM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.





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  • eb3_nepa
    10-23 01:19 PM
    Best of luck!

    Guys I am NOTTT looking to subsitute my labor or anything of the sort. I just want to read through the docs to see what exactly is labor substitution all about. I mean i have read a WHOLE lot about it especially ON here and was wondering how EXACTLY this whole process works.

    If anyone knows any website that explains how LC substitution works please post a link on here.



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  • pitha
    09-24 12:39 PM
    EB2 India forward movement will happen if and only IF USCIS\DOS does Eb1-->eb2 Row-->Eb2 India \China visa spillover every quarter. There are 4050 pending eb1 485, assuming about 2000 more eb1 485 are added for the next 2 months ther will be 4000 Eb1 (10000-4050-2000) visas avialable for spillover in December 2009. If DOS does a spillover into Eb2 ROW then there would be forward movement for Eb2 India as there are only 7150 Eb2 ROW 485 pending and if 1000 more eb2 row are added for next 2 months EB2 India\china should get approximately 6000 visas [10000 -7150(pending eb2 485-1000(new eb2 485 for next 2 months) + 4000(spillover from Eb1)]. If they dont do spillover the above way then Eb2 india dates would most probably move back until August\Spetember 2010. Can we request DOS to do spilllover every quarter instead of every year because they know the demand from the USCIS report and lot of Eb2 India\ China 485 are pre adjudicated.





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  • hiralal
    07-27 06:31 AM
    I personally think it is the worst thing that a person can do - I have done some research on the money that you can make on such pyramid businesses and it is pitiful ..maybe a beggar makes more. it comes to around 2 -3 percent cash and when you add the time you lose standing in walmarts, temples etc, the loss of your time, loss of friends, loss of time towards your kids and you can make out that it is a BIG WASTE. in the end it is a pyramid and ponzi scheme ...those who join late will always be the LOSER's. you can make more money by working part-time even in some super mart's.



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  • bayarea07
    07-27 05:50 PM
    Kaushal,
    Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
    Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.





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  • saileshdude
    07-06 02:28 PM
    Hello,

    This is the question for the attorney. I have been laid off and my company is going to revoke my I-140 within 30 days. My I-140 was approved in 2006 and I485 applied last July 2007. My questions are

    1) what is the current trend if I1-40 is revoked . Does uscis send an RFE or NOID or a direct denial for I-485. How long does it take for revocation once employer submits. If I am not able to find a job before this happens will it impact my I485 application.

    2) If I am able to find a job and transfer H1 to employer B before I-140 from company A is revoked and then if again I have to switch jobs to say employer C , can I get extension of H1 just based on pending I-485 even though underlying I-140 is revoked considering I am porting using AC21.



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  • sachug22
    09-14 02:52 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
    EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC

    Total pending I-485 in 2005 (EB2 India) ~ 13000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    The analysis is very optimistic and does not account for

    Duplicates (multiple I-485 for same person)
    Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
    Upgrades (people had EB2 perm but got GC in EB1 category)
    Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
    Denied I-140/I-485 after PERM approval


    If these makeup 10-20% applications then dates should move faster.





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  • rockstart
    09-24 09:11 AM
    Has some one cross validated USCIS numbers against IV Tracker data? Till now we always assumed that tracker data was 1% of entire population. This is a good time for some data guru to tell us actually how many people (% wise) are on IV. A break-up by month (PD) might be preferable because I feel older PD people are more active than newer ones.





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  • GCJinx
    03-19 04:52 PM
    It is easy. www.cic.gc.ca

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





    luncheSpecials
    02-15 04:38 PM
    I totally blame bodyshoppers for the mess





    PlainSpeak
    01-13 02:11 PM
    IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money

    These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.
    Wow can one person with an idea make such a difference or is IV an organiation with such a deep sense of hostility that they see enemies everywhere

    I am a simple person who does my job and helps people when i can and yes like every human i have ideas and hopes. Now when i get an idea about an invention i would go to the patents forum and when i get and idea about say investing i would go to an investing forum. Now when i got an idea related to immigration i have come to the forum which stands like a beacon for all immigration community or are you incapable of recognising the fact that that IV (and that means all you guys in in) is big hugh and was doing the right thing when no one else was.
    Even now i do not think what IV is doing is wrong. I have differences with the outcome of their approach becasue i feel that this approach wil be bad for EB3. Out of all the people commenting out here there has been NOT even ONE person who has tried to understand the reason for why i feel EB3 is going to get in bad shape. Not one has tried to understand what i have been trying to say that NO big or small immigration bill will pass anytime soon and this will lead to EB2 retrogration which will be going against the statement which all you people like to say that is that EB2wil become current and EB3 will get better later so do not rock the boat
    And yes i choose not to donate and participate because on principle

    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    And yes i am sure there are many such organizations which may have been started as competition toIV and are not succesfull. Now if i was a fool i would go down the same path but i am not and i have realized that IV is the only vehcial of change. Now when IV tends to speak of EB retrogression they are sepaking on my behalf and when they are doing something on my behalf and if i feel what ever is being done is being determintal to my GC case am i not supposed to even ask IV.

    So let me get this straight you are using my GC case as a reference in your charter and i have no say in what you do with my case. I wish i had a lawyer to back me up on this. Just Kidding!

    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money
    Hey keep your money to yourselves i do not want your money. Hey if things pan out i might even start contributing to IV.

    These statements give her away. This is what they do try to pressurize IV
    You guys are so pathetic and lame. Do you think anyone needs a plan to scare you guys. All i did was start and email thread which had nothing scary, no abuse, no threats only a request for discussion and also and understanding that things may not work out and with all this 3/4th of you guys are running around scared like headless chickens and using abuse and threat.

    So take my word for it. You guys are a bunch of scardy cats. I am surprised how you do lobyying. Must be some realy tough guys and gals in the core team otherwise you guys would have destroyed IV by now. Please do not try to get into core and destroy it, they are doing a good job without you knee jerk reactionist spoiling it for them

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization

    Do you think some one would go to all this length of providing helpful posts and do all the drege work all to just convince you. Please do not think so high about yourselves. As i said before to scare you all i need to do is write one post and that is not my strength that is you guys weakness whcih is on display here.
    And what single agenda and organization are you talking about as far as i am comcerned there is only one organzation for EB Retrogression relief and that is IV
    All my other posts are genuine and they have been written because in some cases i genuenly fell the need to speak up seeing how you guys shoot down anything rElated to EB3 without seing the merits and pros and cons of it and in some cases i felt i could share info with someone who was looking for some answers whcih should have been answered by you guys but all of you were busy abusing my other posts. Actually i takethat back there were some other people from iV who repliesd back so sorry about that.

    Why is it so hard to understand that this is a genuine person with a genuine query not some anti imigrant or competitor to IV. You guys are like the CID in Mash 4077 (google that if you want calrification) who see enemies of the country everywhere and are paraniod about everyone.