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  • extra_mint
    09-15 06:10 PM
    There are no Spill over rules for splitting the visa's b/w I and C. Instead the Rule about spill over requires the PD (cutoff) for 2 countries to be same.

    Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.

    Cutoff for China will never advance India dates for spill overs.






    There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.





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  • surabhi
    07-21 05:13 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).

    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.

    Out of that 94,000 were used in 2005.

    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    I havent researched FB category , so apologize if its silly question





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  • WeShallOvercome
    07-11 06:17 PM
    Guys.. can one of you please suggest a good Canadian PR processing company? I keep getting mails from cr@protechimmigration.com. Is Protech good?

    Would really appreciate a reply.

    DO NOT go through any of these agencies. they just put additional delays in your PR processing. I got my Canadian PR in 14 months without any professional help.

    On an average, they will charge $3000 and cause an additional delay of 3-6 months in your case

    And they are not 'PR Processing' companies. They just forward your application to the CIC.





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  • gc_on_demand
    09-24 12:24 PM
    This analysis is really excellent, how far do you foresee the EB2-I date going this year. Is there any hope for new people to file 485 this year? People who missed Jul 07 have waited long and can wait till next Sep in the hope that we will be able to file 485 this year.

    Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.

    there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.



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  • ryan
    08-17 02:45 PM
    I just have to say one thing about you. You were born with a slave mentality in a third country. Its been passed to you from generations. You will go any length to prove your masters are fair and honest and its not your fault. You never experienced free, your own country by your own admission. So stop blabbering and justifying your masters, we dont buy it.

    I think your words above, speak a lot about who you are and your ways of thinking. I feel sorry for you. Hope you find the 'importance' and the 'intelligence' someday.

    Be well.





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  • longq
    02-13 02:17 PM
    Further division is not good.

    I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

    I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.

    Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.

    For example, here is March 1999 VB

    All Charge-
    ability Areas CHINA-
    Except Those mainland
    Listed born INDIA MEXICO PHILIPPINES
    Employment-
    Based

    1st C 22JAN98 C C C

    2nd C 08SEP96 08SEP97 C C

    3rd C 01JAN95 08FEB96 C C



    As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.

    After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.

    Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.

    Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.



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  • ita
    04-03 02:28 PM
    Sanjay Gandhi- Air crash ..reason cited low fuel..uninvestigated

    Indira Gandhi.. we(at least some people) thought it was because of bullets and on spot.
    But Madam Saino could not make up her mind whether to take her second mother(that's what she says Indira Gandhi is to her) to close by AIIMS or far away Lohia .when the team was going to AIIMS which was quite natural because of the distance Saino insisted on going to Lohia which had contingency protocol set up.After reaching Lohia suddenly she changed mind to go to AIIMS thus wasting 24 valuable min.So her second mother died of loss of blood.
    One more thing ,it was also said that Indira' security arrangement was changed just 1 hour before that day's call which is unusual .

    Also in the Saino's biography commissioned by the family it was written that Indira Gandhi had affair with two men.

    Rajiv Gandhi- LTTE -reason they didn't like Indian forces in Srilanka.

    LTTE has presence in Italy and other areas of Europe.
    Priyanka/Rahul don't let anything in Rajiv's case go anywhere saying they are forgiving the culprits as though it is just family affair when actually Rajiv was country's ex-PM and it is national affair and not family affair to investigate/forgive.
    Paula Maino Saino's mother meets up with Prabhakaran( a christian,nothing wrong with that) before Congress forms alliance with Karunanidhi in 2004.In 90's to pull down UnitedFront govt Sonia cited that since DMK is close to LTTE that killed Rajiv it should not be involved in UF govt.
    Priyanka meets Nalini in jail which is illegal.She doesn't even sign in the register when she goes to jail for the meeting.When it got leaked brother and sister say that this lone daughter wanted to see how their father's killer looks like for years ,to come to terms with hate/anger.
    When a kid asked him why India is so corrupt Rahul Gandhi says even he didn't get justice in his fathers' case even after so many years (meaning use that as example and suck the corruption?)
    Again Rahul says he doesn't like LTTE but political alliance with parties supporting LTTE is OK(meaning anything OK for power?)
    Efforts are on to save Prabhkaran in Srilanka by the UPA govt.

    All these things put together reminds the story of the guy who had taken all kinds of precaution to avoid death once he steps out of his house but died in his backyard.

    Madhav rao Scindia-Air crash-uninvestigated.

    Rajesh Piolt-Accident

    Jitendra Prasada- Seems natural ?

    few years back there was a controversy and Priyanka's husband severed ties with his father and brother.Made a statement in paper.

    His brother-suicide

    His sister-media said she is friends with Priyanka-accident

    Now father-suicide.

    Looks like a Sanjay, a Indira, a Rajiv, a Madhav Rao, a Rajesh had to fall for a Sonia to rule.

    Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.



    Why every family member of whom gets married with so-called "Gandhi" daughters have to die in unnatural circumstances.

    http://timesofindia.indiatimes.com/Priyankas-father-in-law-hanged-himself-Police-sources/articleshow/4356528.cms

    Few to be named:

    Feroze Gandhi
    Mohammad Yunus
    Rajendra Vadhra
    Richard Vadhra
    Robert's sister

    Too much!





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  • vdlrao
    07-23 04:52 PM
    I felt very bad and compleately moved when I was read about Mehul at that time. He was not able to get the GC in time just because he was born in India, even though he is from Fiji. During the last days of his life he was more worried about his family settlement, than his death, and moved them to sweeden. I hope this kind of sitution wont repeat to any immigrant.

    http://immigrationvoice.org/forum/showthread.php?t=15611


    For things like this not to repeat, we need a legilation change so that it doesnt matter which country you are from and which EB category you are in, and make sure that there wont be years long back logs.



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  • kumarc123
    07-23 01:56 PM
    vdlrao is everyone's friend these days ...not only urs ... :-)

    Don't worry you are my friend too, as well as all the IV members


    Take Care





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  • vkrishn
    07-21 11:13 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    Chandruv23,
    Its pretty easy to find out who the real stalkers (amyway) guys are and who aren't. I am not an extrovert per se but do wish people on the elevators or even while walking on the park. Amway ones have this totally fake attitude that i can easily find out who they are..

    Problem with these guys is they don;t understand that NO means really NO.. Not Interested.. They think pushing more and more will convince me. Losers!



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  • villamonte6100
    12-14 01:22 PM
    Unfortunately, I am not a lawyer. I am a tech guy just like you. I wish I could help.

    Our firm deals with corporate cases, either litigation or transactional, but not immigration. In fact, we hired an immigration lawyer to process my GC.




    Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.





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  • snram4
    01-16 01:31 PM
    Accepting regulations does not mean to prevent Indians to come here. I can tell many examples. There are many bodyshoppers get h1B and make the persons to sit on bench in India or USA. I know some persons come here 1 year after getting h1b. But many reputed companies those who are real need of people could not get H1b as Cap was reduced. Putting restrictions on on bodyshoppers will improve H1b usage and wastage can be eliminated. And will make h1b program legitimate.

    Wow so ungrateful.
    You make hole in the same vessel you eat.
    You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
    Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
    So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.

    You know why? Because you do not want other Indians to come behind you and compete with you for jobs.

    Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.



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  • bfadlia
    02-19 02:20 PM
    You are a racist b* who just thinks about yourself and you have been planted here by other camp. U must have come out of some gutter country where democracy has no meaning and you don't know meaning of majority. You are favoring an agenda because it is good for you today. get the hell of this website. You don't belong here you racist bigot. May be we will need to track your ip address and throw you from here at some point of time.You hate Indians and Chinese and come back to IV where we have majority. This is not going to happen.

    x: you are making idiotic arguments
    y: if you think indians and chinese are idiots then you need to leave IV

    please don't stop. your posts speak volumes on ur amazing mentality. i'm still amused.
    i have no problem listening to all that a* b* f* vocabulary, it only reflects on ur maturity, but there is a serious problem when someone continuously tries to drag race into a discussion that does not relate to it.. then in his childish tantrums decides to speak on IV's behalf.. people should be advised to stop doing that.





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  • hazishak
    02-15 10:52 PM
    America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.

    There is rules in every where in our daily life isn't there? You cant not sucide even if you want to.



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  • krish2005
    01-14 03:03 PM
    I was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(





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  • Abilash
    08-08 07:48 AM
    Hi,

    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance...



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  • iv_only_hope
    07-24 06:15 PM
    Have some more comments from Atty Ron. Might be interesting to discuss if already not brought up.

    "Some thoughts on India E2 movement over the next two months.
    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters."





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  • sandy_77
    08-13 04:26 AM
    I have two main questions. First question is about 221g. I am stuck in India for administrative processing (no reasons given) for the last 6 months. I would like to know if there are any legal ways of getting the process expedited. Second question is about filing I-485 while on 221g. I have an approved I-140 and if my priority date becomes current while i am still stuck under 221g, what are my options for filing I-485? Can I file or not being outside US. Will AOS be possible or do I need to go for CP? Any other options?





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  • gcfriend65
    08-31 10:12 AM
    For the Police certificate at the Indian consulate, do they keep the passport for 45 days i.e. until clearance is received. Or do we get the passport back the same day on which we apply and then the certificate is sent later.


    I am doing my Canadian Immigration myself.

    It is fairly a simple and straightforward process. So my advice is "Do it yourself". Immigration lawyers do normally charge more that $1000 and make mistakes.

    Since it takes around 1.5 years for the entire process to complete, send the application as soon as possible. Dont wait for gathering all the document! That will ensure that you get a early priority date. If more documents are needed, they will ask you. (Most people sent English Proficiency and Police Certificates after submitting the application, though they are required to be part of the initial application)

    I can describe the procedure:

    1. Calculate your points based on the information on Canada Immigration website. If it is more that 67, you are good.

    2. To prove English proficiency, take IELTS test. You need to register for the test as soon as possible since some centers are always full. (Some of my friends who studied in USA skipped IELTS - rather they wrote a letter stating that they are proficient in English as they studied/worked in USA)

    3. Make sure you have the required funds. It's around $13,000 for a 2 member family. (Again check the Canadian Immigration website for accurate info)

    4. Get experience letters if you are claiming experience.

    5. Get Birth Certificates and Police Certificates. If you are an Indian, the link you need to look for is http://www.indianembassy.org/newsite/misc_guide.asp

    6. Though they do ask you to send US FBI Police Certificates, do it later. (They will ask you for updated FBI Police Certificates evenif you submit it earlier)

    7. Fill the forms, attach the documents and send it!!!!


    Visit http://www.canada-city.ca/canada-immigration/ or
    http://www.immigration.ca/discussion/forum.asp?FORUM_ID=4 for further discussions.





    sk2006
    03-31 08:54 PM
    Sanjay, just ignore them. These are the very same people who are taught from childhood to stab in back. They will not dare to put a post rather they type bad words in comments.

    You think you are more patriotic than I?
    What makes you think so?

    Do you think discussing politics on immigration forum makes you more patriotic? Huh?

    BTW, I was not the one to give you bad comments... I just gave you red after reading your responses to my original post.





    zen
    04-01 03:18 AM
    This is certainly one of the popular thread ..why are we so concerned as to who the next PM will be ..are most of us in the forum so concerned because we may have to pack our bags and return to Mother India ?



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