Wednesday, June 15, 2011

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  • byeusa
    07-13 06:34 PM
    you are making very sensible points. lets not trash her work.Agreed her firm sucks with beurocracy and penny pinching ( they asked my friend to send $25 whe he requsted them to send the fex -ex next night service for his LC approval when they had charged him $ 3000 for expedited filing of his H1B case, which they took 3.5 weeks to file). Some of her lawyers do hide behind their paralegals but most of the law firms aren't any different. So please do not blame her for that. She is a good lawyer.

    One thing that i noticed though that she was rallying her clients to file 485 after july 2nd so that they can take part in the law suit. Once she was done billing her clients and the client checks cleared, she posted that she does not want to join the lawsuit as it will lead to increased scrutiny of her cleints. Go figure...





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  • alex99
    10-30 08:51 AM
    Participate in EB3 Poll





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  • transpass
    04-10 12:07 PM
    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.

    Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.

    Now,

    1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?

    2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?

    3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?

    4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...

    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf


    Thanks,





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  • Springflower
    10-25 11:32 AM
    PD is March 2004 / EB3 India / I 140 Approved / 485 Pending



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  • pcs
    11-16 11:13 PM
    send polite but firm letters to....

    Cut and paste the rule from the thread to educate him and other...

    Alejandro Mayorkas
    Director USCIS
    20 Massachusetts Avenue NW
    Washington DC 20529


    After sending letters ... post it on this thread... I have sent 4 letters on behalf of my 4 family members....

    Make the noise NOW ... so that they will have REASONS to release the unused VISAs on 8th DECEMBER......





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  • logiclife
    12-20 05:50 PM
    If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.

    If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.


    Relax !

    Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

    Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.

    Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?



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  • Eternal_Hope
    03-09 10:55 PM
    Sri, I appreciate your enthusiasm and spirits. in my view, unless something comes from the IV core ..nothing will happen. people in this forum are too diverse and independent and hence they need strong leadership. and for some reason (we can only speculate),, all that we have from the core is silence

    I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.

    I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.

    As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.





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  • rockstart
    09-27 03:18 PM
    I think this is pure ignorence on part of the reporter. Most Americans are not aware of either H1 or GC all they know is legal & Illegal immigrant. they dont understand the finer details of the system.



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  • grinch
    03-12 09:58 AM
    great work all of you guys, my choice was between grinch's and thirdworldman. i voted thirdworldman, but i just wanna say i know grinch hasn't done this a lot, so i think you've done an excellent job man :thumb:

    aw thanks man, appreciate the compliment!





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  • pcjandyala
    09-26 11:01 PM
    Dear Reader,

    Thank you for your interest in FSB. We admit that there was a
    mischaracterization of the Capitol Hill rally in the story and it was
    corrected as soon we realized the error.

    We have changed the story to correctly identify the mission as a
    protest of
    the long delays in securing green cards for highly-skilled workers
    already
    in the U.S.

    We will work to avoid errors like this in the future.

    Best regards,

    FSB



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  • onemorecame
    10-18 12:15 PM
    any one else.. who got any update after filling RFE?

    I got soft LUD on Oct 12.... nothing after that :confused:





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  • spsrini
    11-18 07:22 AM
    My receipt number is NRC2008065342



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  • sands_14
    07-18 08:59 AM
    All packets were kept on hold and we should all be ok because they will start sending receipts soon for all complete packages.
    The wait will be long but its good that everyone will enjoy EAD benefits .
    As such,whats the new fees for EAD and AP?





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  • rajesh_kamisetty
    01-16 08:10 PM
    Helping myself.



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  • mrane1
    03-15 06:30 PM
    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?

    Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!





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  • nomi
    12-12 04:02 PM
    instead of sending emails and faxes which will likely get thrown out with yesterday's trash, how about a large group of us get together and schedule a meeting directly with DOL and USCIS officials?
    In person gets more attention. maybe we can even generate some press for this if it is a large enogh group


    I like you idea and I am with you. Would you please take a lead of this task or let me know what to do next ??

    thx.



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  • ashwaghoshk
    03-21 12:03 PM
    Send me I'm. My prev post was deleted by mod becos they won't allow other websites to be published here

    I checked on the site you mentioned. I can see so many approvals for the dates after mar-01. There are approvals on mar-01, mar-07, mar-09, mar-11, mar-12, mar-14, mar-15, mar-16 etc etc for the Atlanta center. I dont know what made you think that the process was slowed sin Mar-01.





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  • McLuvin
    03-09 12:27 PM
    Anyone for May 09 predictions???





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  • gimme_GC2006
    04-06 05:53 PM
    right..ok..today at work I heard from my colleague that his friend was sent back from airport

    My colleague's friend's story.
    Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".

    Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..

    The poor guy is sent back.

    Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.

    hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:





    go_guy123
    01-01 12:11 AM
    Just need a place to vent and share my frustration with this system.
    I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.

    Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
    Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.

    I do hope we see some miracle in 2007.

    You came 12 years ago for undergrad that means in 1994 and got done
    in 1999. What were you doing in 1999. Didnt u apply in 1999? You could have
    been done by now.





    amsgc
    04-25 02:02 PM
    I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!

    Hope this helps...

    Congrats!
    Could you please tell us what those job titles were, starting from the original one?
    Thanks



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