mallu
12-03 04:13 PM
http://www.ilw.com/immigdaily/news/2007,1204-FBI.shtm
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hydboy77
02-12 10:05 AM
DOS and USCIS are making sure no visas are being wasted in any category whether it is FB or EB category. In this situation we cannot expect any FB visa wastage and spillover of those FB wasted visa in EB category anymore. Without the FB spillover there will not be any forward movement in EB2 during the august-september visa bulletin. Mpadapa analysis seems to be correct and is also backed by facts and numbers. With only 140k visas for EB and without any FB spillover we might actually see dates moving back and staying stagnant for EB2 india. Remember Eb2 india has never managed to move beyond April 1 2004 without the FB spillover in the last quarter.This is a terrible shock to everybody in EB2 India, I have been saying this all along that EB2 will be stagnant or move backward (because of eb3 line cutters).
My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
paskal
07-17 02:01 AM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
of course it's a band aid
important to maintain perspective.
the fight is not over, whatever happens tomorrow.
our goals remain to be met and we must continue this work.
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
of course it's a band aid
important to maintain perspective.
the fight is not over, whatever happens tomorrow.
our goals remain to be met and we must continue this work.
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x1050us
07-19 03:20 PM
I am with you on that one :) No point taking a risk for a few dollars.
As I already mentioned it is not about $$$. It is about getting an appointment at consulate. Anyways, I managed to prepone the appointment now. So everything should be smooth.
As I already mentioned it is not about $$$. It is about getting an appointment at consulate. Anyways, I managed to prepone the appointment now. So everything should be smooth.
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sk2006
05-06 12:05 AM
... it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...
Shiller is smart but I think he is confusing the word 'Immigrant' with the word 'stupid'.
I am an immigrant and why should I buy an unaffordable over priced house which no American is willing to buy?
Shiller is smart but I think he is confusing the word 'Immigrant' with the word 'stupid'.
I am an immigrant and why should I buy an unaffordable over priced house which no American is willing to buy?
hpandey
04-24 11:40 AM
I would say another problem is getting the H1 stamped. Ever since they got rid of getting the H1 stamped within US we have to go out of the country to get it stamped and you never know how much time it is going to take. Now due to PIMS delays some people are getting stuck for more than a month and no one can afford such long holidays .
On top of that if you are going out of the country then there are airline tickets and stamping fee etc etc which also comes in 1000's of dollars.
On top of that if you are going out of the country then there are airline tickets and stamping fee etc etc which also comes in 1000's of dollars.
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satishku_2000
09-19 03:16 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
I would strongly suggest you read the history of civil rights legislation.
http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964
Compared to civil rights movement ours is much smaller in size and strength. Change happens very slow in a democracy.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
I would strongly suggest you read the history of civil rights legislation.
http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964
Compared to civil rights movement ours is much smaller in size and strength. Change happens very slow in a democracy.
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bestia
01-26 08:51 PM
Just as example. With my first employer in the US I signed a contract without even reading it well (stupid thing to do, btw). Later I noticed that I signed something like "any products, technology, software, documentation, etc. ever developed by [me] is property of [my employer]". I don't remember the exact wording and lazy to look it up, but it meant that anything I will ever develop will belong to my employer. I didn't hesitate to leave them and contact their direct competitor, my previous employer wrote me "cease and desist" letter threating with legal actions if I will not respond with some time frame. I showed the contract to a lawyer and asked "what should I reply?". He laughed and said - reply "I suggest you to start legal actions immediately" or better don't reply at all. He won't be so stupid to go with this to court - he will lose the case and you will sue him back and recover all expenses.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
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GSingh
04-02 09:09 PM
Send Both
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tinku01
02-12 02:37 PM
great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you British...it seems to me from your reply:rolleyes:
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venkygct
09-08 01:33 PM
^^^^^
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andy garcia
12-30 01:04 PM
Longq,
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
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ksircar
07-28 01:04 PM
I was trying to fill up AP e-filing form. As I do not have a Middle Name, I didn't eneter anything in the Middle Initial field. It does not allow me to submit the form and shows the following error:
WARNING: It is suggested that you provide your Middle Initial. Failure to do so may result in your application or petition being delayed or denied.
Did anyone else encounter the same error and how did you resolve it?
Thanks in advance.
WARNING: It is suggested that you provide your Middle Initial. Failure to do so may result in your application or petition being delayed or denied.
Did anyone else encounter the same error and how did you resolve it?
Thanks in advance.
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regacct
04-14 01:13 PM
I thought immigration issues were the responsibility of federal govt. Can states pass immigration laws? Whether it is unauthorized aliens or otherwise?
if the states can take actions, why are we banging our heads with the fed?
if the states can take actions, why are we banging our heads with the fed?
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pray
08-23 03:26 PM
Just Thought
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.
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Nil
04-19 04:07 PM
Gentlemen,
Pls let us get over this and get back to real work.
Writing to the whitehouse is a good idea.
So is filling up one's details and donating for the cause.
Pls let us get over this and get back to real work.
Writing to the whitehouse is a good idea.
So is filling up one's details and donating for the cause.
more...
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Kitiara
02-04 05:28 PM
I don't care! I got a second vote! :beam:
Thank you very much for voting for my little castle. Still got a long way to catch up with Soul and Eilsoe though. :cyborg:
Thank you very much for voting for my little castle. Still got a long way to catch up with Soul and Eilsoe though. :cyborg:
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gc_on_demand
11-25 09:33 PM
This analysis based on Data provided by USCIS on Aug 25th. They have changed data under dashboard two times since but they haven't updated detail sheet online.
Also DOL performance also factors lot. If DOL starts approving labor at faster rate EB ROW categories can consume much more visas and left over will be less for EB2 India and China that can hurt analysis.
Good thing is that IV members spent time to understand 3 departments data and create a model so future analysis on updated data should be quick and may be core can post updated version of this doc frequently.
NVC has declared CP numbers in wholesome also USCIS is due to release updated backlog information soon so we can have new document sometime soon.
Also there is a very good point about spill over and how it can lead to visa wastage if DOS doesn't consider USCIS's processing time and future applications on DOL site. That may convince DOS to move forward gradually.
Also DOL performance also factors lot. If DOL starts approving labor at faster rate EB ROW categories can consume much more visas and left over will be less for EB2 India and China that can hurt analysis.
Good thing is that IV members spent time to understand 3 departments data and create a model so future analysis on updated data should be quick and may be core can post updated version of this doc frequently.
NVC has declared CP numbers in wholesome also USCIS is due to release updated backlog information soon so we can have new document sometime soon.
Also there is a very good point about spill over and how it can lead to visa wastage if DOS doesn't consider USCIS's processing time and future applications on DOL site. That may convince DOS to move forward gradually.
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BharatPremi
03-24 12:47 PM
Interfiling an approved I-140 petition with an already pending I-485 application:
http://www.immigration.com/fromtheagency/nsc61207.html
NSC Instructions on Transferring Earlier Priority Dates:
http://www.murthy.com/news/n_nscins.html
Thank you very much.
http://www.immigration.com/fromtheagency/nsc61207.html
NSC Instructions on Transferring Earlier Priority Dates:
http://www.murthy.com/news/n_nscins.html
Thank you very much.
chanduv23
03-26 01:47 PM
one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...
I agree. They have to follow well set guidelines.
I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.
I agree. They have to follow well set guidelines.
I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.
greyhair
07-08 11:23 PM
eb3retro, i think u & i need not as much worry about oscarzumaran et al..... as we should worry about those who remain silent..... day after day....
Why should we worry about those who are silent? What do you mean?
Why should we worry about those who are silent? What do you mean?
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