Tuesday, June 21, 2011

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  • desi3933
    03-17 07:21 AM
    Did you just say "Just because people are not getting green cards does not mean wastage":D

    That is exactly why we need to understand the process.

    Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".

    Year 2005 2006 2007 2008 2009
    EB-All 246,877 159,081 162,176 166,511 141,020
    EB1 64,731 36,960 26,697 36,678 40,978
    EB2 42,597 21,911 44,162 70,046 46,034
    EB3 129,070 89,922 85,030 48,903 39,791
    EB4 10,133 9,539 5,481 9,524 9,999
    EB5 346 749 806 1,360 4,218


    _________________
    Not a legal advice.





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  • ksiddaba
    07-04 07:39 PM
    Thanks for the information. It's helpful to understand the ombudsman role. However, it still remains a violation of the law to pull VISA numbers without name check being done, since it has not been approved by Congress, although as you point our, the ombudsman did report to Congress along those lines.

    IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.

    The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.





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  • ghost
    08-11 11:46 AM
    You put it out well from your side.
    BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:

    Folks,

    In our legal immigrant community, we have the following Groups (G) of people:

    G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
    G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
    G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
    G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
    G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career


    While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.

    Current state of our Members (M):
    M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
    M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
    M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
    M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts


    Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.

    I can see three Options (O):

    O1) "Wait and Watch" option:
    This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state

    O2) "You are on your own" option:
    EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
    EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process

    O3) "We are in this together" option
    All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.

    Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3, what are you?





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  • WeldonSprings
    02-13 05:12 PM
    By ensuring that Indians do not get H-1 B visas and don't require their services; the US Government is building Trade Barriers in terms of Indian Goods sold there!!!

    WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!

    Skilled immigrant not mucho good googling....:D

    The Indian Consulate, New York, provides information on the relevant
    Visas. It appears you will have to apply for an Employment Visa. There
    is detailed information on the page and a Visa Application Form. I
    note there is also a Journalists Visa which is for three months. I
    don?t know if this is applicable to your situation.

    This is some of the relevant information.

    EMPLOYMENT VISA: Employment visas are initially issued for one-year
    stay. A copy of the contract with the employer has to be enclosed.
    Kindly note that Employment Visa is given only for jobs that require
    very high level of skills and expertise. This can be extended by
    Foreigners Regional Registration Office in India, if the job contract
    continues. Spouses and children are granted co-terminus entry visas on
    request.
    http://www.indiacgny.org/php/showContent.php?linkid=23



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  • dummgelauft
    04-07 11:50 AM
    After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.

    (2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.

    (3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.

    So, Cut the crap and do your work.





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  • texcan
    01-22 09:30 PM
    Texcan,
    Thanks for reading a long vent. Trust me, what happened to me in 9 months could happen to people in matter of moments.

    So, I still consider myself lucky. Please pray for all those who arent lucky enough.

    Thanks

    your post details how life comes at you fast....
    listen man, it will all work out. Keep doing the good work.



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  • CSPAvictim
    07-10 05:38 PM
    Note: Administrators/Moderators, please move this post to the appropriate thread, or delete it if this has already been posted elsewhere.

    Source: http://www.murthy.com

    Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07) Posted 2:45pm

    The response has been so strong that currently we do not need any more potential plaintiffs who submitted an adjustment application for receipt in July, unless the individuals have an unusual situation or especially compelling facts, such as an aging-out child. At this time, we also would like to hear from the �non-filers� -- people who did not and do not plan to submit an adjustment application for receipt in July but would have done so �but for� the DOS and USCIS actions. These individuals will represent a separate class of plaintiffs. And we�d like to hear from more �other worker� adjustment applicants who applied in June, even if they have not yet received a rejection notice. These individuals will represent a separate class as well.

    If the lawsuit is successful (and we fully expect it will be), the court will certify classes, and all people who meet the class descriptions will receive the relief the court orders. The class members will not need to �sign up� with AILF to enjoy those rights.

    Regarding �non-filers� � As our July 7 InfoNet update explained, and as we explain in our FAQ, we will include a class of people who would have submitted their adjustment applications for receipt in July, �but for� the government�s actions. The government may try to, or the court may want to treat this class differently from the class of people who submitted applications for receipt in July. Our aim is to do the best possible for both groups.

    How soon will we file the law suit? Very soon. It is not easy or quick to prepare class action litigation involving numerous people and numerous claims, but we are working quickly because of the urgency of these events for so many people.

    Injunction? AILF knows many people want a quick resolution, as do we. A temporary or ill-conceived order might create more chaos and confusion than we saw in late June / early July. And the government presumably would immediately appeal, creating even more confusion about whether applications were being accepted. By contrast, we intend to seek an injunction that will be forward-looking and will not create another crisis situation for AILA members or the government.





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  • thesparky007
    02-14 07:24 PM
    i dont even have a 3d application to try
    i would if i had 1
    sorry
    hehe



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  • AirWaterandGC
    07-15 03:39 PM
    Talk to an attorney soon then.

    I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
    I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
    I plan to speak with a competent attorney once I know for sure the 140 revocation history.





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  • alterego
    07-12 07:34 PM
    I posted this in another thread.

    There could be two reasons for this huge forward movement for EB2.

    1) They want to minimize wastage by making more visas available for CP.
    2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.

    Point taken, However when EB2 India is moved to June 1 2006, there will be even more EB2 India with PD earlier than it was previously. So whichever date you set as the cut off, EB2 India will have more people with PDs earlier than that. So I guess I am not understanding how that helps Chinese applicants. Unless the USCIS decides which of the petitions they will process with current priority dates and gives preference to Chinese cases. Per my understanding, they are supposed to use RD in such a situation. However who knows what they will do.



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  • chanduv23
    12-27 04:36 AM
    I liked NW/KLM too. Absolutely no hassles. I hear that NY-Dubai non-stop flight through Emirates is also good, though it is slightly expensive.

    London - transit visa needed definitely for inter/intra-airport transfers.
    Paris - did not ask for transit visa last when I travelled.
    Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.

    Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D


    Thnx for the info. I am travelling JFK - Dubai - Chennai tomorrow in the NY - Dubai non stop. I did apply for a transit visa because I may step out of the airport, but as such, I was told, if I am not stepping out of the airport, there is no need for a transit visa.

    NWA , I would say, must be used as the last resort. The flight is lousy and the staff is bad. But then no transit visa issues.





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  • nonimmi
    12-20 04:25 PM
    Folks, I didn't worked for an year(2001) due to, you know what I am saying....

    Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(

    Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?



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  • Jaani
    07-03 01:29 PM
    Contributed $100.

    Order Details - Jul 3, 2007 10:34 AM PDT
    Google Order #222021463879830





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  • diptam
    07-01 09:38 PM
    Who gave that guy the right to ask questions to IV Core rudely ? He is questioning as if he hired IV core for resolving this Crisis and asking for status update.

    He/She crossed the line somehow.

    Pappu,

    You don't need to be so polite with this member.. He/she just joined IV. Haven't done anything for IV.. Don't know what IV is doing any now start talking about IV core doing partying..



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  • vbkris77
    04-10 12:28 PM
    What you said is absolutely true. EB1 Last year and the year before saw lot more approvals than usual. My reasoning is that even though EB1 was current for all along, they never really approved I140s to give them GC. So In the overall clearing of I140s, CIS cleared lot more EB1 cases and became approved during last 2 years. If you look at the I140 completion in the dash board, it will be very much clear that the completions came down to 4 digits for each month from 5 digits. Receipts continued to be less than 5K per month.

    This year, we may see a big dip in EB1 cases and larger EB2 spillover. EB4 spillover is ruled out after this bulletin.


    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:


    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.





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  • thirdworldman
    03-09 10:55 PM
    Nice renders Eilsoe and Grinch--both very dramatic. Here's mine--it feels unfinished but this is all I had time for.

    http://www.inmod.com/casey/3dsubway_final.jpg



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  • sledge_hammer
    07-01 03:42 PM
    pappu and logiclife, you said you'll give us an update on the situation, we are waiting.

    Thanks!

    P.S: I don't mean to ask this question in a bad way!





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  • sri1309
    09-12 08:25 PM
    Guys,

    Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,

    Sri..





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  • anurakt
    12-30 07:49 PM
    Updated wikipedia for immigration definition
    http://en.wikipedia.org/wiki/Immigration#External_links

    Please see the external links section.





    jsb
    08-15 04:21 PM
    What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?





    eb3retro
    08-17 12:16 AM
    Very Good first post :eek:!!! Please hide wherever you were hiding till now, STOP judging.

    clever adj
    Definition: bright, ingenious
    Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever


    I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..



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