kondur_007
04-10 10:28 AM
Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...
Here are the details for last year and years before:
(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))
Employment Visas 2009
Total Employment Visas for FY2009 = 141,020
Theoretical values without spillover
EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012
Actual values with spillover
EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give
What is noteworthy is the fact that spillup/spillover visas were only available from EB5.
In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.
This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.
I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.
I'm not sure why FY2010 would be much different, at least for EB1 spillover.
Additional notes from subsequent posts:
There was significant spillover in FY2007 because (based on 154,497 total EB visas) :
EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.
That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.
There was significant spillover in FY2008 because (based on 162,949 total EB visas) :
EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.
That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.
The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)
EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)
That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.
This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"
Hope this was the info you were asking for.
Here are the details for last year and years before:
(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))
Employment Visas 2009
Total Employment Visas for FY2009 = 141,020
Theoretical values without spillover
EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012
Actual values with spillover
EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give
What is noteworthy is the fact that spillup/spillover visas were only available from EB5.
In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.
This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.
I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.
I'm not sure why FY2010 would be much different, at least for EB1 spillover.
Additional notes from subsequent posts:
There was significant spillover in FY2007 because (based on 154,497 total EB visas) :
EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.
That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.
There was significant spillover in FY2008 because (based on 162,949 total EB visas) :
EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.
That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.
The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)
EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)
That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.
This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"
Hope this was the info you were asking for.
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vin13
11-11 09:49 AM
vin13,
This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....
Anyways, can this still be arranged ? I would love to be a part of that in any possible. Please let me and all the other members know.
It beats me too...Everytime you try to discuss this quarterly spillover on the regular forum, we get more Red. People start to fight between EB2 and EB3.
Atleast i have done something about it by getting this draft. I am quite discouraged at this time because of lack of effort by members even after so much discussion about quarterly spillover in several threads. Are you willing to organize the conference call? Let me know and i will participate. Before demanding from others, Let me know what are you willing to do about this.
This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....
Anyways, can this still be arranged ? I would love to be a part of that in any possible. Please let me and all the other members know.
It beats me too...Everytime you try to discuss this quarterly spillover on the regular forum, we get more Red. People start to fight between EB2 and EB3.
Atleast i have done something about it by getting this draft. I am quite discouraged at this time because of lack of effort by members even after so much discussion about quarterly spillover in several threads. Are you willing to organize the conference call? Let me know and i will participate. Before demanding from others, Let me know what are you willing to do about this.
arnab221
04-23 01:38 AM
Lot of you guys have mentioned that there were a set of people( Latino immigrant community) there who were not happy with some of the terms in the STRIVE ACT. Could one of you tell us what those terms were ? Since legal immigration reform are hostage to Comprehensive immigration bills at this stage, I am just pondering if those terms become a hindarance in STRIVE getting cleared and consequently section V not getting passed .
Also Ramaonline says that Congressman Guiterrezz told him that he is assured of a support of 180 House democrats and needs 218 Votes to pass the bill. So that leaves us with 38 votes that are needed. From what we see and hear in the news media, there are just a handful of House Republicans now who do not support this Bill . The consensus from the news media is that many of the Republicans who opposed CIR last year have not got re-elected . So if this is the case then 38 Republicans should not be a real problem to find . Any factual opinions ?
Also Ramaonline says that Congressman Guiterrezz told him that he is assured of a support of 180 House democrats and needs 218 Votes to pass the bill. So that leaves us with 38 votes that are needed. From what we see and hear in the news media, there are just a handful of House Republicans now who do not support this Bill . The consensus from the news media is that many of the Republicans who opposed CIR last year have not got re-elected . So if this is the case then 38 Republicans should not be a real problem to find . Any factual opinions ?
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vaishalikumar
08-17 12:46 PM
It is bad visa bulletin for EB 3 .
more...
ash123
02-13 02:09 PM
Can someone tell me how to close this thread.
vandanaverdia
09-10 04:26 PM
I am in line for the green card for years & the wait is endless..... This is my chance to ease me....
Come join hands....
Come join hands....
more...
gc_wow
02-14 09:50 PM
That is like Saudi King one fine day deciding he is not going to sell any more oil to US,if such is the case world economy halts.
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zen
04-06 08:55 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
more...
varshadas
01-02 10:37 AM
Hi Guys,
I was out last week. I am back now. Last time when we had a conference call, we decided to post flyers about immigration voice in our local communities and also getting in touch with the local newspapers. Since everyone is back from the holidays now, lets have a conference call next Wednesday. Till then, please post as many flyers as possible to increase IV's awareness.
Thanks,
Varsha
I was out last week. I am back now. Last time when we had a conference call, we decided to post flyers about immigration voice in our local communities and also getting in touch with the local newspapers. Since everyone is back from the holidays now, lets have a conference call next Wednesday. Till then, please post as many flyers as possible to increase IV's awareness.
Thanks,
Varsha
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sodh
07-24 10:49 PM
They are talking about Allien#.
If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.
If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.
more...
pappu
02-01 08:05 AM
forget sulekha..i posted our ad couple of times ,after that they started to delete.I am not sure what the reason is...
All i need is the forums which have more members with more activity.I will spend sometime to join them and post.
It is sad that none of these desi sites have come forward to help us put our ads on their sites. None has helped us in our cause, even though they are run by immigrants like us who were at one time waiting in line for their greencards. Now after getting their greencard they do not want to help the cause but instead want to make money from it. If any such site owner is reading this post and desires to help by posting our ad on your site, contact us.
Thank you for your effort to post IV messages on various websites.
1
could you do a search on yahoo groups, msn groups, google groups on greencard, immigration, legal immigration etc and see if those groups have many members and it is not an anti immigrant group from its intro. Then join them and start posting IV messages in them. You will find hundreds of groups. Each post will send emails to all its members.
2
There are several groups in yahoo, msn, google that belong to alumni of IITs, IIMs etc and a lot of their members are in USA. you can post messages in those forums too.
3
Go through my thread- ideas to increase publicity of IV from last page to first page (http://immigrationvoice.org/forum/showthread.php?t=694) . You will find several sites and ideas to post IV messages online.
IV is grateful for your tireless effort posting messages. While all others lost their steam, you have continued your mission. We recognize your efforts and hope some others will join you to help.
All i need is the forums which have more members with more activity.I will spend sometime to join them and post.
It is sad that none of these desi sites have come forward to help us put our ads on their sites. None has helped us in our cause, even though they are run by immigrants like us who were at one time waiting in line for their greencards. Now after getting their greencard they do not want to help the cause but instead want to make money from it. If any such site owner is reading this post and desires to help by posting our ad on your site, contact us.
Thank you for your effort to post IV messages on various websites.
1
could you do a search on yahoo groups, msn groups, google groups on greencard, immigration, legal immigration etc and see if those groups have many members and it is not an anti immigrant group from its intro. Then join them and start posting IV messages in them. You will find hundreds of groups. Each post will send emails to all its members.
2
There are several groups in yahoo, msn, google that belong to alumni of IITs, IIMs etc and a lot of their members are in USA. you can post messages in those forums too.
3
Go through my thread- ideas to increase publicity of IV from last page to first page (http://immigrationvoice.org/forum/showthread.php?t=694) . You will find several sites and ideas to post IV messages online.
IV is grateful for your tireless effort posting messages. While all others lost their steam, you have continued your mission. We recognize your efforts and hope some others will join you to help.
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virtual55
07-05 01:02 PM
Lets do some quick math here. Assuming that we have 500 guys who are paying. you make IV paid. You will have alteast another 200 guys who will realize the importance of IV and join. People have come to IV time and over when ever shyt has hit the roof and they will come.
700 is better or 500 with a boat load of people who are just hovering around is better?
and also core will have an idea of how much funds are available to them every month.
700 is better or 500 with a boat load of people who are just hovering around is better?
and also core will have an idea of how much funds are available to them every month.
more...
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53885
08-15 08:51 PM
If people were not busy preparing for Sept 18th DC rally, this thread would have been 20 pages plus, but if you REALLY want to discuss some thing then here it is........
Employment Based (EB) Green Card (GC) Laws
� The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
� Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
� As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
� There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
� So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
� FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
� EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
� The laws need to be changed and the process improved to fix the situation.
What does it mean?
� There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
� Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
� Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
� You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
� If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
� Lobbying is an efficient tool to influence law and rule making.
� IV was very active in lobbying for CIR 2006, which was passed in Senate but failed in House.
� IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
� Due to upcoming presidential elections, next congress session in October�07 may be our only window of opportunity for several years to influence the lawmakers.
Your options:
a) Struggle for several years.
b) Leave USA
c) Help yourself by joining IV.
Employment Based (EB) Green Card (GC) Laws
� The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
� Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
� As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
� There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
� So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
� FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
� EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
� The laws need to be changed and the process improved to fix the situation.
What does it mean?
� There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
� Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
� Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
� You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
� If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
� Lobbying is an efficient tool to influence law and rule making.
� IV was very active in lobbying for CIR 2006, which was passed in Senate but failed in House.
� IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
� Due to upcoming presidential elections, next congress session in October�07 may be our only window of opportunity for several years to influence the lawmakers.
Your options:
a) Struggle for several years.
b) Leave USA
c) Help yourself by joining IV.
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gcseeker2002
03-20 07:56 PM
How do you know that the labour process has slowed down from Mar 01 2011 ? Any source for this info? Please share.
Yes I would also like to know where it says that Labor process is stalled from Mar 1st,as it is impacting my current decision.
Yes I would also like to know where it says that Labor process is stalled from Mar 1st,as it is impacting my current decision.
more...
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JazzByTheBay
09-26 10:17 AM
That's what Ron Hira said would happen - by aligning with Compete America, we do run the risk of getting the IV message obfuscated.
http://morejazzbythebay.wordpress.com/2007/09/18/experts-tech-companies-h1b-visa-demands-could-obscure-immigrationvoices-more-specific-call-for-green-cards/
jazz
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
http://morejazzbythebay.wordpress.com/2007/09/18/experts-tech-companies-h1b-visa-demands-could-obscure-immigrationvoices-more-specific-call-for-green-cards/
jazz
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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BharatPremi
07-10 12:32 AM
Do you know that July 1st was a Sunday? A non-working day.
Harra Patta,
It was Sunday for you and me and for all on this forum but USCIS worked on that Sunday .. Seems to be weird.. Hunh :eek: Yes, but what can you do now?
Harra Patta,
It was Sunday for you and me and for all on this forum but USCIS worked on that Sunday .. Seems to be weird.. Hunh :eek: Yes, but what can you do now?
more...
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Green.Tech
03-05 05:16 PM
There should have been one more option -
5. I will be buying a house now since I am on H-1B, and also have a pending I-485 and approved EAD
There may be many like me who would vote for the above. But I guess this would probably be detrimental to what this poll is trying to achieve?
That is exactly what I mentioned in one of my previous posts in this thread...but it conveniently got ignored :)
5. I will be buying a house now since I am on H-1B, and also have a pending I-485 and approved EAD
There may be many like me who would vote for the above. But I guess this would probably be detrimental to what this poll is trying to achieve?
That is exactly what I mentioned in one of my previous posts in this thread...but it conveniently got ignored :)
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GCcomesoon
04-29 02:18 PM
Hi
As mentioned in my previous post
I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?
Or has anyone updates after the approval message ?
Thanks
GCcomesoon
I called TSC yesterday & they said that biometrics notice has been requested ( which they said to me 1 month back too ) , Now till I get my biometrics done, I won't get the actual physical card.Keep in USCIS in mind, I wonder how much time this will take ??
Would appreciate if anyone could share any thoughts, any similar experiences?
Thanks
GCcomesoon
As mentioned in my previous post
I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?
Or has anyone updates after the approval message ?
Thanks
GCcomesoon
I called TSC yesterday & they said that biometrics notice has been requested ( which they said to me 1 month back too ) , Now till I get my biometrics done, I won't get the actual physical card.Keep in USCIS in mind, I wonder how much time this will take ??
Would appreciate if anyone could share any thoughts, any similar experiences?
Thanks
GCcomesoon
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gc_lover
07-18 11:29 AM
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.
We will just have to wait and see till our checks get cashed!
I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.
We will just have to wait and see till our checks get cashed!
h1-b forever
01-24 09:16 AM
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
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
Did anything come of this plan? Is this doable?
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
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
Did anything come of this plan? Is this doable?
GCBy3000
03-16 02:47 PM
Dude it is legal and why are you annoyed with people who play by rules. Though I did not use this eventhough I could, it does not mean I should hate who uses this law. I bet, if you had even a very thin chance of doing this one without jeopradizing your existing job and status, you would have gone for it.
You could do whatever is good for you within the limits of law. No matter what you do, always there will be some people who will not be happy for some reason.
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
You could do whatever is good for you within the limits of law. No matter what you do, always there will be some people who will not be happy for some reason.
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
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