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  • pointlesswait
    03-11 11:04 PM
    kelaaaaaa....re kela..





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  • kondur_007
    04-10 03:44 PM
    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,

    Here is what I think; possible answers/comments. I am not an expert but am thinking following:

    1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.

    2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.

    3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.

    4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".

    The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.





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  • dontcareanymore
    12-12 05:04 PM
    I expect things to be more transparent from February onwards (note month of Feb), that is because i beleive that the new leadership will ensure that there is a transparency in the whole process rather than a lottery like approach to the dates.
    Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....

    ....and ....no world hunger , no drought any where in the world, no pollution , global warming reversed , people will love each other , no fighting any where for any reason..... :) :)

    Watching TV a lot ???

    It is the same DXXX system. Same people processing your cases. Don't expect mirracles. You will be disappointed. We shall be lucky if those waiting in line now get their GCs by the time Mr O leaves office (4 or 8 years).

    If you think I am cynical , so be it. Seen Clinton , saw bush and will see Mr O.

    Nothing against Obama.





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  • Dhundhun
    07-13 11:48 PM
    I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.

    Unfortunately, i don't have the link, but I will post it if i come across it.

    My case (I485) is with NSC. The e-filed EAD renewal also got LIN number, but (may be due to load distribution) it is being handled by MSC.

    Does this imply everything will be handled by MSC instead of TSC? I think source article is needed to analyze, what is happening.



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  • sc09876
    07-29 01:46 PM
    @uma001
    I understand your situation because you had posted elsewhere on exactly what happened to you.

    Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.

    Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.

    When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)

    I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.

    One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.





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  • fullerene
    07-04 08:18 PM
    If we don't raise our concerns at the moment, how can we let lawmakers understand our situations and our requests? The goal of this forum is to speak out our voice. This is a very good chance to unify all of us to speak out loudly. We shall not to care too much about the outcome of the lawsuit. As far as I understand, none of us knows better on immigration laws and litigations than these lawyers. If they has decided to do something, we shall concentrate ourselves on supporting them instead of questioning them. Meanwhile we shall urge the lawmakers to pass SKILL or at least to make a more stable and predictable process to practice the immigration law.

    We shall let all the lawmakers who support the CIR understand how they can resolve problems practically for 12M without any legal documents in the USA if our problems on the process cannot be resolved. The basises for addressing 12M illegal immigrants are and only are to have an effective and efficient border control system AND an effective and efficient process to handle all the legal applicants.



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  • engineer
    06-12 08:18 PM
    http://www.chowk.com/show_article.cgi?aid=00008032&channel=civic%20center.

    note: I wrote to editors at chowk.com to add in foot note that is press release from Immigrationvoice.com.

    Please go there and interact to get more people aware of this issue.
    Chowk is read by many Southeast Asian people....

    For those who don't know Chowk.com here is an excerpt from their website:

    "Chowk's Success
    Ideas (the written word). Identities (the members). Interactions (the discussion). Over 3500 published articles, 20,000 registered members, 300,000 moderated discussions, and innumerable forum style impromptu responses. "





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  • GCVivek
    05-23 01:46 PM
    Here is the issue: If you are thinking of doing MBA to get a management job in a US company and are an Indian, please forget it. You might get a low level management position paying at most 80K. MBA is not for everyone - you have to have it in you to get something out of an MBA. It's not about landing that good job. You hear about the 1 crore offers that IIM students get from top American companies? Well, they are kicked out of the job in 1 year and then join Infosys or Wipro. Not because they are not brilliant but because their conversational skills are terrible and so is their language. Unless you are planning to settle in India OR REALLY THINKING OF PUTTING A LOT OF EFFORT in mastering the English language and your outlook, an MBA is not going to serve you in the US.
    Like, someone said, an MBA is more than just a degree. You can get a better, much higher paying job (300K+) without an MBA but with excellent logic, hard work, conversational skills and outgoing personality. No GC required :)



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  • qualified_trash
    12-27 07:02 AM
    Let us consider this in the context of what happened in this country on 9/11. Almost all of these rules were implemented post 9/11. There is no use crying over this. IMHO, we are paying the price for someone else's mistakes.

    We should just concentrate on legislative relief and in the interim, follow the law to the letter so when we do speak to the Senate/Congress, our position as a group should be above reproach.

    As for home loans, Ameriquest gave me a great rate and had me pre-approved in no time.........

    Airlines: fly direct to India/China/Japan/Philippines etc. it is a lot easier on kids as well (if you have kids :-))

    And finally, it is good to see a bunch of new members on the forum :-)





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  • rk78
    06-11 05:23 PM
    sent e-mail to AZ senators



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  • logiclife
    12-20 07:14 PM
    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.

    Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.

    Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.

    Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.

    If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.





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  • hpandey
    04-24 10:57 AM
    Wish you best of luck !!



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  • PD_Dec2002
    07-05 04:41 PM
    nixstor, for all your efforts (and I admire them) here to promote people to join IV and contribute, check what other senior members are doing...they are driving new members (and potential contributors) away.

    See http://immigrationvoice.org/forum/showthread.php?t=6113. So what if the poster is using a substitute LC? Didn't logiclife quote today that unfortunately life is not fair?

    Thanks,
    Jayant





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  • Macaca
    09-10 02:33 PM
    Hey Andy! Come over to DC on 18th



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  • alex99
    07-11 07:35 PM
    EB3 PERM

    Labor Filed: August 27th 2006

    I-140 filed at NSC on 12th November
    Still waiting for approval

    Sent 485 App to NSC on July 2nd....

    Regards,
    Alex





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  • dressking
    09-28 05:13 PM
    What irked me is the attitude that they will take your money gladly but don't want you there.


    I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.

    In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.



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  • Legal
    08-13 04:08 PM
    I think thats AC21 recapture thing...

    AC 21 numbers all have been used up some in 2002, some in 2005-2007. Nothing left from that. This was in a USCIS document that vdlrao posted some time ago.





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  • thepaew
    05-12 03:20 PM
    Hi

    I do not know your particular situation, but I know something about MBA programs. There are some things that you need to keep in mind. An MBA degree is not a silver bullet. It comes with a huge opportunity cost. But, let us assume that you have done your research and have arrived at the conclusion that an MBA education is the best option to further your career.

    1. A lot of value from the MBA degree comes from networking and group-work. I do not know how the online programs handle this. But at my company, we would not consider someone with an online degree for most MBA-level openings.

    2.There are excellent part-time options available.

    3. If cost is a major issue, you can evaluate the local state universities in your area.

    I wish you the best of luck. Feel free to reach out to me via PM if you want more advice.

    BR
    thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.

    Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)

    moreover there is increased trend in acceptance of online MBA as major universities are coming online now.





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  • sunny1000
    07-24 11:26 PM
    The below is the answer I got from my attorney.

    "You are right in stating there should be a employer letter, which would be required if we are filing the I-485 with an approved I-140. It would not be required if it is filed currently with the I-140, which is submitted with the employer letter."





    deepakjain
    05-26 05:58 PM
    Driver License issued till 2007 were not based on immigration [i797 or I94], I was issued driver license for 7 years...

    Now a days DMV is asked for I-94 and I 797 or EAD card validity at the time of License renewal....

    Tax return documents are also not a reflection of your immigration status or validity.

    Many of us get confused on Visa Stamp on passport and Immigration status.

    Visa Stamp is to let anyone cross the border and I-797 is a document which tells your immigration status. I might have a expired Visa on my passport but have a valid I-797.

    If anyone asks you about Immigration Status it is advisible to show I-797 rather then anything else.





    gk_2000
    08-11 06:31 PM
    Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.

    Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
    We need focused efforts.

    Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.

    What say you guys?

    Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.

    Well the plan for now has to be just brain-storming. So let's compile the best ideas from here and make a list. So let's suggest our ideas and discuss the merits and de-merits of each of them

    We should have some criteria to evaluate the ideas. I propose (in order of importance):

    - Can be done with admin fix
    - Controversy. Would like path of least resistance
    - Addresses EB3 problem

    All are free to develop upon these..



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