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  • cableching
    07-12 05:44 PM
    According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D

    Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!





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  • sanjay02
    11-27 02:42 AM
    Hi
    For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?

    When I applied for financial aid they told me that since I dont have my greencard Im not eligible



    Thnks
    Sanjay





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  • Alabaman
    10-20 10:29 PM
    The democrats will take the house by a very large majority and the senate by a less-than-60 vote majority. So if CIR makes a come back republicans will not be in a very strong position to strike a deal on high-skilled immigration. But there are a number of democrats who also support high-skilled immigration. People opposed to H1B and employment-based green card reforms are on both sides of the aisle (Dems Dick Durbin and Byron Dorgan, Republicans Jeff Sessions and Chuck Grassley for example) but hopefully they will remain a minority. It also looks like vocal supporters like Jon Cornyn will win re-election. But Pete Domenici is retiring. So, on the balance, there will be some change but not a drastic change on the legislative side.

    Sen Obama is a very pragmatic and thoughtful person. You should know that he was co-sponsor of the PACE Act which, among other things, tried to create a F4 visa and make it very easy for STEM graduates to get green cards. There is absolutely no need to be panicked about a Obama win. Sen McCain, on the other hand, seems to have gone back on many of his immigration promises these last few months. It will be a concern if there is a democratic congress and McCain is in the White House.

    Thanks for re-articulating what I posted earlier. Well said!





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  • jayZinDC
    05-28 03:41 PM
    I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!

    Hope this helps...

    Did you send the EVL to USCIS yourself or did your lawyer take care of it? Is there are specific process, document format to follow? Congrats one and all who got approved seems to be a lot of progress in the Eb-2 arena. I heard of 15 approvals of EB-2 PD03 (Jan-Apr) in my company itsef



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  • hsm2007
    09-23 10:03 AM
    Hi All,

    Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.

    My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.


    If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.





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  • dealsnet
    08-21 11:14 PM
    Nobody get any advantage from your situation. We are all very sad about your situation. Even legal IV members are forced to go home after loosing their job and after 6 years in H1B.
    You are here come not in any work visa catagory. Not even in NAFTA.
    You file your I-485 at the time of July 2007 visa fiasco.
    USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
    Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
    You are ignorant regarding immigration. You have acess to comuter. Google it and get info.

    You are telling about I-485 only.
    YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
    IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
    Except EB1, almost all EB based GC need labor process.

    If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
    USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
    After I-485 filing I-94 expiry is not a problem.
    Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?

    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.



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  • Dipika
    04-24 10:15 AM
    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler

    Congratulations. Enjoy your freedom.
    I have question, how do you get email? i mean do we mention email address in 485 apps. sorry it's not on my head what i have filled in 485. Just need to know where and how we provides email address. And help us with more information.





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  • BharatPremi
    09-26 07:23 PM
    [QUOTE=BharatPremi;173398]Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]

    Yeah, and everyone is out there to get you.

    Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.

    I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.



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  • Jitamitra
    06-08 06:04 PM
    Same old stuff. I dont see a light at the end of the tunnel till some immigration reform bill gets shoved in or a comprehensive immigration bill is introduced.

    The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.





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  • alisa
    01-21 02:13 AM
    Anyone??
    This is all for EB-3.
    I think this is the best case scenario.
    Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.

    For India:
    Depletion_rate = 10500/year
    Accumulation_rate = 19500/year

    For ROW:
    Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
    Accumulation_rate = 19500/year (Estimated to be the same as that of India)

    All numbers rounded off. No
    For 2001: Year_current = 2001 + (123194/Depletion_rate)
    For 2002: Year_current = 2002 + (160274/Depletion_rate)
    For 2003 and later
    Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate


    Here are the results. YA is year applied. YC is Year your PD will be current.
    No processing delay assumed.


    ...........India.. ROW
    D_rate 10000 25000
    A_rate 19500 19500

    YA YC YC
    2001 2013 2006
    2002 2018 2008
    2003 2020 2009
    2004 2022 2010
    2005 2024 2011
    2006 2026 2012
    2007 2028 2012
    2008 2030 2013
    2009 2032 2014
    2010 2034 2015

    I am open to suggestions on how this model can be improved.
    If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.



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  • battineni
    08-10 02:23 PM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile


    I'm with you...!!





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  • gc03
    07-24 03:36 PM
    Mr. Gonz�lez,

    I have a question on retrogression in Employment Based (EB) Visas. I am in the USA LEGALLY for the past 7 + years and am still waiting for my Green Card (Permanent Residency) in the employment based category. How long do I have to wait? With current retrogression of the dates, I cannot apply for adjustment of status for another 5 or more year. My green card process is going on and on for the past 4 + years. The situation is very disappointing one and all. My spouse is having Research Doctorate and waiting for my Permanent Residency to contribute to the economy and society.

    My Question:

    Is it possible to you allowing filing of I-485/EAD even if the visa number is not available? The Adjust Status of the case would obviously happen only after visa number becomes available.

    Regards,



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  • malaGCPahije
    03-17 04:21 PM
    What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.

    The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?





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  • apt29
    12-23 04:14 PM
    Lawsuit on Visa Bulletin, Adjustment of Status | Legal Action Center (http://www.legalactioncenter.org/litigation/lawsuit-visa-bulletin-adjustment-status)



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  • rajuseattle
    07-14 07:41 PM
    ajthakur,

    competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.

    If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.

    This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.

    Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.

    I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.

    Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.





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  • gcdreamer05
    03-09 12:41 PM
    by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........

    so what happened to the quareterly spill over ???????????



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  • sanjeev_2004
    06-30 09:33 PM
    In my opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.

    Most of the time my many decisions didn’t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.





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  • Dhundhun
    07-12 07:53 PM
    USCIS and Consulates submitted a list of Documentarily Qualified applicants to DOS on July 8th. The latest PD of the applicants on that list was before 01-June therefore they have set the PD at 01-June-2006.

    What is documentarily qualified?

    This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08 by setting PD to Jun 01, 2006.

    Documentarily Qualified might possibly imply:
    .. Medically OK
    .. FP and Name Check OK
    .. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
    .. Requires No RFE
    .. Requires no interview
    .. Just requires GC (Visa) Number

    My 2 cents input





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  • suriajay12
    05-11 09:42 AM
    Keep writing letter, regular mail etc to president, Ms. Joe etc...

    I can imagine whats in our EB2 (Feb 04-05) minds. "Lets wait and see what happens next month, or lets see Oct bulletin". I cant change your minds.

    But EB2 guys from much later date:
    If you looked at the pace it was moving in the last 6 months, you MAY get your GCs after 3-4 years.. which is unacceptable waiting too. So join hands with EB3 and lets move together. No point in waiting. DOnt you think all EB3s will convert into EB2 if there is no light at the end .. . So it will not serve anything if you keep quite...





    amitjoey
    01-18 11:48 AM
    Guys, this is the time to show the core group that we are a bunch of people thankful that there is IV to help us fight this fight.
    We need to stand united and raise awareness and sign up for the $20minimum a month recurring contribution.

    I understand that some of you do intend to contribute and have contributed generously in the past,
    But here are some mindsets, All of us fall in these 4 mindsets.

    1) you probably think "why should I sign up for a monthly recurring contribution program". I am a generous contributor and I contribute almost monthly anyways.
    2) I have contributed enough.
    3) I will contribute if I feel like, when I see something comming out of this effort.
    4) I do not have to contribute.

    If you are in category 1).I can tell you, I understand because I have been a generous contributer in the past. But guys, the reason I signed up for a monthly recurring contribution is that it helps IV know that 'X' amount of funds are guaranted every month, this way they can better plan.

    Category 2) Contributed enough - Okay why dont just sign up for a minimum amount of $20/month once more. What is enough is not enough.

    Category 3) This has been discussed, I do not want to talk about this category of members.

    Category 4) Again - No Comments-

    Lets show the core team that all of us fall in the first 2 categories.

    The last thing we want the core to do is bite their fingers over funds. We want do not want the core to get stressed out over funds. They have enough real work to do already.

    Inspite of being a serious team player, and a generous contributor it took me two days to sign up for the recurring monthly contribution program, so I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. But this is our last chance, I urge you to be one of the 1000 people we need for this effort.





    EB3_SEP04
    05-26 04:25 PM
    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.



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