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  • extra_mint
    09-15 06:10 PM
    There are no Spill over rules for splitting the visa's b/w I and C. Instead the Rule about spill over requires the PD (cutoff) for 2 countries to be same.

    Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.

    Cutoff for China will never advance India dates for spill overs.






    There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.





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  • pankaj_singal
    05-31 06:48 PM
    WOW... what a logic... what does Indian Govt. has to do with this money when this is taken out of my pay cheque.
    When I take this money back to India I probably would end up paying some taxes on it... not sure what the logic is behind this... (again I do not undertsand the full details behind it).





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  • go_guy123
    06-12 12:10 AM
    ...were forced to leave. This is the darwinian flush and it will take its toll. ......


    Without any visa capture....EB2/EB3 India will get flushed in this deep recession.





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  • Rohan99
    07-27 03:29 PM
    Kishmunn .... you take the bull by the horns.

    So now you say Amway gives you 1099-INT ? Didn't you earlier say they give a 1099-MISC ?
    BTW, Amway cannot issue you a 1099-INT -- that is for bank interest. Look who do not know things (and still try to open mouth ) :rolleyes:

    Bottomline -- you are NOT allowed to do ANY type of business on H1. If you think I am wrong , just share your name and address and I will be happy to send the info to CIS.
    Your mouthfull of garbage does not change the law



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  • immique
    07-16 11:20 PM
    there are still atleast 20K visas left this year and atleast 85-90% of those will go to EB2 India. this should clear up a significant majority of the EB2 pending prior to 06/2006. As I mentioned before the numbers will be unavailable towards the end of September as all the visas are used up, but by this time most of the EB2 hat are current now will get their visas. the dates may go back slightly in October- probably to mid 2004 like you said, but it will not stay there for long. with all the Spill over, the dates will start moving rapidly in Nov/dec of this year itself and EB2 India will be current by this time next year. I agree wth your assertion that legislative fix is needed to increase the EB numbers and resolve the backlogs

    According to there are 15 pages X 50 Eb-2 India I-485 is pending with priority date before 6/1/2006. If we assume 5% of Eb-2 India is registered with , total visas to be issued in EB-2 for India would be 19000 just upto June 1, 2006. Between June 1, 2006 to July 2007 this number simply more than double. Probably 50% of this 19000 Eb-2's may be processed upto September 30, 2008 leaving another 9500 visas compete for next year. Again 60% of Eb-2 485 is pending with NSC and 40% is pending with TSC. Therefore TSC people's share of I-485 will be more till September compared to NSC Eb-2 India.

    My prediction is EB-2 India will start in October 2008 with April 2004 and in April 2009 it can go back to June 2006.

    Any Legislative relief from congress will make the situation lot better.





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  • surya.kant
    05-30 09:22 AM
    Mr. Oppenheim stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.


    This is the key for VB in coming months. The cut-offs will move slowly and that would mean FIFO for approvals.

    Recapturing unused visa is the only way to reduce the gap between visa supply and demand.



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  • Keeme
    03-31 10:05 AM
    Kancha Ilaya(Sonia appointed ) is being allowed by the Indian Government to lobby with the UN and US Congress so that caste discrimination in India is taken-up by these bodies. (Indians on their own have come a long way in reducing these caste discrimination but alas these people won't want that dying)It shouldn't be any surprise if we see bunch of International articles on India's disgusting caste issues soon.

    Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .

    This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.

    British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.

    Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.

    There are 2 ways you have to be in Indian politics. Bottom-to-top and Top-to-bottom. Sanjay Dutt, Murli Devra's son, Rajesh Pilot's son, MadhavRao SIndhia's son are some good example of Top-to-bottom. They can be MPs and MLAs but again can't go in heart of general public. Many of them would have short tem political life. Mamta Benergee, Mayavati, Mulayam, lalu, Narendra Modi, Sharad Yadav and many others are example of bottom-to-top.

    Rahul Gandhi doesn't want to be labeled as top-to-bottom. It won't last long.





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  • WeldonSprings
    09-24 12:10 AM
    Hi, And just for my own and others who have a Priority date earlier than March 2006; can you tell us after looking at the today's data; when will we be current?

    Thanks.

    By Septemebre 2010, EB3-india wll be in the mid of 2002.



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  • Legal
    07-25 02:08 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.


    They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.





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  • pappu
    01-28 08:28 AM
    I did not understand the meaning of this add. Please explain. Thanks!
    Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.



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  • pappu
    07-02 06:08 PM
    Immigration Voice is compiling experiences from members on the 02/07 Visa Bulletin incident. Please see the posts below.

    We encourage members to share their experiences with us. Please look at the posts below for focus and talking points, and post your stories on IV at
    http://immigrationvoice.org/forum/showthread.php?p=99550#post99550
    with details on:
    a) Your current Green Card Status
    b) If you have yet sent in your I-485 application
    c) Your contact details along with Name and handle on IV. IV is mindful of your privacy and will share this information externally only with prior consent. No anonymous write-ups, please
    d) IMPORTANT: We want to keep our focus in our stories only on the following issues:
    - Impact of 07/02 on your application (Quality of life issues, time and money expended, inconvenience experienced, et al)
    - Request USCIS /DOS to consider accepting 485s filed
    - Please refrain from mentioning AILA or even questioning the mechanics of USCIS in the past few days
    - Please refrain from using strong negative accusatory adjectives while refering to any federal or state agency

    Some of our key members will guide you through the process.

    WHAT'S BEEN DONE ALREADY
    Stories that have been accepted for publishing are listed on our blog at immigrationvoice.blogspot.com

    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
    The above story ranked the highest (over 3500 views) in the last 7 days on prlog.

    An additional story was also released yesterday:
    http://www.prlog.org/10022854-american-dream-suspended-on-the-eve-of-july-fourth-for-several-thousand-legal-green-card-aspirants.html

    WHAT YOU CAN DO
    a) Distribute the above stories (Other blogs, contacts)
    b) Submit more write-ups





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  • go_guy123
    06-15 01:23 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.


    Well said pappu....In case 2 of my friends Indian citizens, brought up in India
    but were born outside India because their parents were posted there.

    Also I know friends whose Labor was processed from "fast" states in 2000 and got there GC by 2003 or so.



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  • vactorboy29
    09-23 06:20 PM
    All this data was generated for last quarter (End of June ).We may see improved numbers in comming updates due to spill over and current approvals for this quarter.





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  • alisa
    02-18 11:55 AM
    I have been following your arguments and I get a sense that though not explicitly anti immigrants, you are opposed to any concentration of EB immigrants from any particular place..


    I value Mr Unitednations posts as he provides us with the opposing point of view. That is absolutely critical. It would help us strategize and plan.

    This has been a very valueable thread. It would be very nice if something positive can result from this. (I can't think of anything. Help me out if you can.)



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  • dvb123
    02-14 03:00 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.





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  • texanguy
    05-29 12:34 PM
    I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

    BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.

    AFAIK the major movement in the visa bulletin in last 3 months (july,august,sept) is not because of spill over of the EB1->EB2->EB3 form the same country, but using the leftover visas from countries like Nigeria, Fiji, Uruguay where the applicants for EB1 & EB2 are often in less than 3-digit numbers. I am surprised that Mr. Oppenheimer never addressed this spill over in his talk at AILA -where Murthy bulletin claims that this information has came from, or may be Murthy lawyers didnt take all the notes of the meeting?? :)



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  • villamonte6100
    12-14 01:12 PM
    I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.




    There was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.

    Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.





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  • matreen
    08-17 08:55 PM
    Excellent reply.

    Excellent and brilliant answer and I agree to this.





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  • immigrationmatters30
    07-16 08:39 PM
    ThanksGC for the reply,but what if by the time I apply for labor, I enter 6th year and if assuming labor is approved in 6 months, can I use PD from the previous employer to extend beyond 6th year. I am asking because I was under the impression, I cannot extend my H1 if I file labour in 6th year( it has to happen before I reach 6th year).But in my case I have approved labor with PD before I reach 6th year but from different employer.

    In short,Can I apply for one year extention based on my labor PD from different employer even if I file new labor from new employer after entering 6th year.


    I-140 IS NOT PORTABLE. PD is portable.
    You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.





    abhijitp
    07-04 11:20 AM
    Need more titles!

    Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!


    GOVT AGENCIES SHORT CIRCUIT A MILLION HOPES... or something on these lines... but just mention Govt Agencies, so the common man understands





    gsc999
    09-30 12:21 PM
    I have done a lot of research on this :::

    A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.

    This way you get best of both worlds

    1) You keep H1B visa and US GC going.
    2) You earn in US $ and can avail of US job opportunity.
    3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.

    Disadvantage

    1) This option is limited to getting a job/transfer in Detroit Metro area.
    2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
    3) You have to file taxes in both US and Canada (but its not double taxes).
    ---
    Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:

    Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.

    The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."

    "The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."