vamsi_poondla
02-14 12:06 PM
I do not support law suit for two reasons,
1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy
I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.
You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.
I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.
Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.
I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.
Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.
1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy
I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.
You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.
I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.
Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.
I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.
Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.
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hydubadi
07-26 12:20 AM
Hello Sir,
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
unitednations
02-14 04:00 PM
The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.
How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.
Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.
Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.
The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.
Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.
People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?
Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.
How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.
Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.
Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.
The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.
Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.
People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?
Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.
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PavanV
09-04 01:04 PM
I am having a gala time reading the threads, thanks for the free entertainment folks :D, please keep going.
more...
Michael chertoff
01-13 02:40 PM
Now my friend Michael chertoff (Senior Member) there is no call for abuse in this forum because if you continue the same way you will go the way of forever_young and start sending IM to yoursleves and tell everyone that it came from me
Seriously - Can you not discuss something with an open mind
Calm down Girl. relax. atleast you called me your friend. freinds dont fight. just take it easy and relax. take a nap, you will feel better.
Sorry if i said some thing wrong.
Your friend
MC
Seriously - Can you not discuss something with an open mind
Calm down Girl. relax. atleast you called me your friend. freinds dont fight. just take it easy and relax. take a nap, you will feel better.
Sorry if i said some thing wrong.
Your friend
MC
webm
02-12 12:51 PM
Looks fresh and some positive movement for India EB3 ROW..this time atleast...:)
Go India EB3 Go...
Thanks to IV...
---------
PD:Oct'01
Go India EB3 Go...
Thanks to IV...
---------
PD:Oct'01
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truthinspector
07-16 05:01 PM
I am working with my company for last 3 yrs on H1-B. I have an approved I-140 and I am filed under EB3.
My H1 expires soon and the employer is going to apply for an extension. After that, they plan to file a new labor for me in EB2 and port the EB3 PD; once the EB2 I-140 is approved. My current title is "Software Engineer". They plan to file me as "Senior Software Engineer". My experience before joining my current employer was 7 yrs.
Is this a legally advisable/feasible scenario? I do have EAD and want to make sure I keep my options open. Given the current scenario, it may take a while to get the new EB2 labor and I140 approved.
Is there is a risk to my existing approved I-140 in this?
Please advise.
My H1 expires soon and the employer is going to apply for an extension. After that, they plan to file a new labor for me in EB2 and port the EB3 PD; once the EB2 I-140 is approved. My current title is "Software Engineer". They plan to file me as "Senior Software Engineer". My experience before joining my current employer was 7 yrs.
Is this a legally advisable/feasible scenario? I do have EAD and want to make sure I keep my options open. Given the current scenario, it may take a while to get the new EB2 labor and I140 approved.
Is there is a risk to my existing approved I-140 in this?
Please advise.
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txh1b
08-18 03:53 PM
This thread is a drag and a waste of IV resources. I hope the admins lock this thread.
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Kushal
07-27 12:07 PM
I'm not sure but some one did mention this on this forum. It's better if other people can comment on the veracity of this statement.
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
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ItIsNotFunny
11-06 03:17 PM
Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.
Lets do this. Contgratulate Obama with proposal of GC for House scheme (need better words though :)).
Lets do this. Contgratulate Obama with proposal of GC for House scheme (need better words though :)).
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okuzmin
10-05 06:15 AM
I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.
Just wonder how long it is gonna take, thanks for any headsup!
My experience:
- sent all documents to Buffalo on 11/21/2005
- documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
- official case acceptance date on the letter is 12/08/2005
- the letter arrived around 12/15/2005
So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.
Just wonder how long it is gonna take, thanks for any headsup!
My experience:
- sent all documents to Buffalo on 11/21/2005
- documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
- official case acceptance date on the letter is 12/08/2005
- the letter arrived around 12/15/2005
So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.
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ebizash
07-27 02:35 PM
Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
Stocks and Investments get you 1099-Div... and that income is not reported on 1040 under Business Income.. Dividends and Interest incomes have their own line items on 1040 (Lines 8 and 9)...The business income is reported under line items 12 and if one makes enough money from the business then there is Self Employment tax - SS and Medicare taxes (Line 56). This is the line item that might get one in trouble with USCIS..You obviously have not filed 1099-MISC yet which tells me that you don't make $600 a year from Amway yet..otherwise you would have gotten a 1099-Misc
-------------------------
1099-A: acquisition or Abandonment of Secured Property
1099-B: Proceeds from Broker and Barter Exchange Transactions
1099-C: Cancellation of Debt
1099-CAP: Changes in Corporate Control and Capital Structure
1099-DIV: Dividends and Distributions
1099-G: Government Payments
1099-H: Health Insurance Advance Payments
1099-INT: Interest Income
1099-LTC: Long Term Care Benefits
1099-MISC: Miscellaneous Income
1099-OID: Original Issue Discount
1099-PATR: Taxable Distributions Received From Cooperatives
1099-Q: Payment from Qualified Education Programs
1099-R: Distributions from Pensions, Annuities, Retirement Plans, IRAs, or Insurance Contracts
1099-S: Proceeds from Real Estate Transactions
1099-SA: Distributions From an HSA, Archer MSA, or Medicare Advantage MSA
1042-S: Foreign Person's U.S. Source Income
SSA-1099: Social Security Benefit Statement
SSA-1042S: Social Security Benefit Statement to Nonresident Aliens
RRB-1099: Payments by the Railroad Retirement Board
RRB-1099R: Pension and Annuity Income by the Railroad Retirement Board
RRB-1042S: Payments by the Railroad Retirement Board to Nonresident Aliens
W-2G: Certain Gambling Winnings
-------------------------------------
I sincerely hope that it works out for you as it does for a few..
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
Stocks and Investments get you 1099-Div... and that income is not reported on 1040 under Business Income.. Dividends and Interest incomes have their own line items on 1040 (Lines 8 and 9)...The business income is reported under line items 12 and if one makes enough money from the business then there is Self Employment tax - SS and Medicare taxes (Line 56). This is the line item that might get one in trouble with USCIS..You obviously have not filed 1099-MISC yet which tells me that you don't make $600 a year from Amway yet..otherwise you would have gotten a 1099-Misc
-------------------------
1099-A: acquisition or Abandonment of Secured Property
1099-B: Proceeds from Broker and Barter Exchange Transactions
1099-C: Cancellation of Debt
1099-CAP: Changes in Corporate Control and Capital Structure
1099-DIV: Dividends and Distributions
1099-G: Government Payments
1099-H: Health Insurance Advance Payments
1099-INT: Interest Income
1099-LTC: Long Term Care Benefits
1099-MISC: Miscellaneous Income
1099-OID: Original Issue Discount
1099-PATR: Taxable Distributions Received From Cooperatives
1099-Q: Payment from Qualified Education Programs
1099-R: Distributions from Pensions, Annuities, Retirement Plans, IRAs, or Insurance Contracts
1099-S: Proceeds from Real Estate Transactions
1099-SA: Distributions From an HSA, Archer MSA, or Medicare Advantage MSA
1042-S: Foreign Person's U.S. Source Income
SSA-1099: Social Security Benefit Statement
SSA-1042S: Social Security Benefit Statement to Nonresident Aliens
RRB-1099: Payments by the Railroad Retirement Board
RRB-1099R: Pension and Annuity Income by the Railroad Retirement Board
RRB-1042S: Payments by the Railroad Retirement Board to Nonresident Aliens
W-2G: Certain Gambling Winnings
-------------------------------------
I sincerely hope that it works out for you as it does for a few..
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tikka
07-04 01:00 PM
As you know, spouse and minor children's applications for AOS are filed with Primary Applicant. Minor children are those under 21 years of age. Once the child turns 21, they are no longer eligible to file AOS wih primary applcant. However, there is a Child's Protection Act that allows the time that it takes (# of days) to process the I140 to be subtracted from the child's age when he /she turns 21. Example - if it takes 128 days to process the I140, the child turns 21 but is considered 21 years minus 128 days. Provided you can file AOS in within 128 days of the child turning 21 then he/she is considered a minor.
The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.
MACACA - pls see your PM...
The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.
MACACA - pls see your PM...
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gdilla
07-11 01:51 PM
And don't forget 9month maternity leaves, and if you're unemployed, you still get healthcare, and the generally better public education, not to mention generally cheaper and excellent post-secondary education....
Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)
- GS
Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)
- GS
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chanduv23
02-14 02:22 PM
Please be advised, that IV will not endorse this. If people are gathering here and in places like , please form your own mailing group and proceed.
Those who are on this thread, if you have not yet sent the letter to President for the Admin fix campaign, please send it, and help IV make the grassroots campaign successful.
Those who are on this thread, if you have not yet sent the letter to President for the Admin fix campaign, please send it, and help IV make the grassroots campaign successful.
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amitjoey
01-13 04:14 PM
Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
more...
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sumagiri
10-07 04:47 PM
I have built a very simple EB2-I Visa predition model
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.
girlfriend %IMG_DESC_14%
Googler
02-12 01:38 PM
I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".
This was listed at the bottom of the page in the March VB in state dept's website:
The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.
Mods should merge two identical threads. See my post in the other thread:
http://immigrationvoice.org/forum/showpost.php?p=222365&postcount=12
This was listed at the bottom of the page in the March VB in state dept's website:
The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.
Mods should merge two identical threads. See my post in the other thread:
http://immigrationvoice.org/forum/showpost.php?p=222365&postcount=12
hairstyles %IMG_DESC_11%
visves
06-28 10:47 AM
I think there is a certain percantage or number allotted for each quarter to avoid unavailability of visas. Otherwise, there is always the possibility that if enough people are in the pipeline waiting, all visas could be allocated when the Fiscal year begins in Oct which would mean visas could become Unavailable very soon.
So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
jonty_11
06-28 05:49 PM
the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...
As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
Does someone know what date in June they started turning back EB3-Other WOrkers?
As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
Does someone know what date in June they started turning back EB3-Other WOrkers?
reddymjm
09-23 03:48 PM
As per the other thread HR5882 is dead for now.. So concentrate on this now...
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