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  • hydboy77
    09-23 07:35 PM
    Unfortunately we will have to wait until march and not december to find out if DOS is doing quarterly spillover because EB2 row already has more than 7000 pending 485, every quarter there are about 10000 Eb 2 visas, so technically there are already enough EB2 row 485 applications to use up the first quarter numbers.

    offcourse there are only 4000 pending eb1 485 applications and assuming not more than a 1000 new eb1 applications are added to the list there would be 5000 visas that could be spilled over into eb2, the problem is we dont know
    1. If DOS will do spillover every quarter
    2. if by miracle they do spillover will it only in there respective categories i.e Eb2 row to to eb2 india\china, or accross categories eb1-row to Eb2 row to Eb2 India\china

    These questions can only be answered by DOS. Hope DOS looks at what USCIS did and comes out with a Q&A of there own which explains if they are going to do a spillover every quarter or not. If not we will still be speculating to no end. Do we have to file another FOIA request to DOS to find out if they are going to do a spillover every quarter? I hope DOL also published a report every quarter like USCUS which contains the numnber of perm applications pending by month, year and country



    I completely agree with this. USCIS has better date than prior years. PD for October is Jan 2005,the numbers available for first quarter is 750 (approx) and around 700 I485s are in Jan 2005. We will know in Dec whether quarterly spill happens or not.





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  • rahulpaper
    06-27 01:23 PM
    I am in same boat of HR and company Lawyer (with no control over submission date).
    God willing� soon we will all receive a receipt number for I485. There are some calculated risks which are unavoidable.

    BTW thanks to you and core team for persistently working for EB community.





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  • gc4me
    03-27 08:56 AM
    By Apr 26, if the LC Sub elimination becomes effective, will USCIS reject all pending LC Sub cases (I mean pending I-140, 485 etc using LC Sub) ?
    Any idea, please reply. Or USCIS will continue processing them as usual?





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  • gc28262
    09-24 08:51 AM
    Sent the email to everyone from the list

    http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw

    Sent one to my anti-immigrant congressman as well.



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  • gimmeacard
    07-28 10:45 PM
    Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.

    The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.

    No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.

    OOPS a bitter and exhausted Amwayiter has arrived





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  • HereIComeGC
    02-15 12:46 PM
    Oh and by the way, if people sue and WIN lawsuits for "COFFEE BEING TOO HOT" or the one "McDonalds made me fat" This one has much more credibility

    "CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about"

    Freedom without violence?? Man on the Moon?

    Sounds familiar?

    You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"

    You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.



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  • nogc_noproblem
    07-25 03:03 AM
    VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron’s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don’t think Ron really has any such numerical explanation for his statement.

    With all due respect, I beg to differ from Ron (probably for the first time).

    I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.





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  • ramus
    07-03 05:16 PM
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who



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  • unitednations
    02-14 11:49 AM
    Is there any proof that there are even are unused visas? I find this topic a rather moot point.

    With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.

    With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.

    Am I just totally missing the point?!

    It is an important topic.

    Reason is:

    2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.

    How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?

    What is impact by eliminating the 7% limit

    What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.

    For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.





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  • visves
    06-26 09:27 PM
    I did clarify this with a Fragomen attorney and as per them though dates could technically be moved back in the middle of the month, this most likely may not happen in July and also maybe August since this depends on the number of approvals and not on the number of applications received. Even if there are tons of applications received, unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.

    Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)



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  • snathan
    01-15 11:01 AM
    Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.

    Why after 2012....you would get your GC by then? what a selfless generous mind. really appreciate you.





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  • fairman
    08-18 09:50 PM
    What if you have no profile. I mean if somebody is not even in GC line, he/she can't even post in these forums? What kind of lunatic logic is that?

    Please put a profile.



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  • GoneSouth
    07-11 12:45 PM
    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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  • qplearn
    10-04 10:37 AM
    Desi companies are to blame but not always.

    This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:

    1> You have been stuck in LC stage for a long time.
    2> The initial original LC got messed up due to lawyer or company negligence.
    3> The I-140 stage got messed up due to lawyer or company negligence.
    4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.


    Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.

    Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.

    A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.



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  • grupak
    12-13 03:45 PM
    Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.

    I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.

    BharatPremi, as I explained to at0474, I don't see how we can fight a law in a court (maybe we can). If a law is not implemented then we can get justice from the courts.

    For changing the law, we as IV lobby congress and meet lawmakers. This is a different issue from the intent of the OP which was to challenge the legality of country quota. Seems like country quota is within the law.

    I think even as non-citizens we can meet lawmakers and past experience (not IV related) suggest they will listen.





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  • nb_des
    08-04 03:00 PM
    Pardon my ignorance, how does labor substitution work and what is FIFO?
    There is no FIFO (first in first out) with respect to backlog processing . It may be LIFO.



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  • anai
    06-27 12:48 PM
    Three facts, followed by one interpretation.

    First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.

    Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.

    Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.

    My interpretation:
    The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)





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  • dealsnet
    09-03 11:22 PM
    I never thought CHANDUV23 will do dirty politics. A time will come to show the real color of the people. Do not rejoice when some one who is dead. It can happen to anyone. No guarenty we will see the home land again.

    If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
    That's all I can say....Good luck

    CHANDUV23
    And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.





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  • sparky_jones
    05-28 10:43 PM
    "When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009"

    What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!





    samay
    07-14 07:12 AM
    Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
    In my case I have been working with my current employer since Sept-2001 (almost 7 years).
    Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.

    I was in the middle of using AC21 just before my GC got approved, hence this urgency.

    It is normally recommended to work with the sponsoring company for at least 6 months.





    a1b2c3
    05-30 01:47 PM
    I know this guy who was a junior to me and reporting to me in India. I resigned and moved with another company and later moved to US. After an year I joined the same company which I was working in India. Now this guy, just because having some relation with the VP made some arrangement and came to US on L1 and applied under EB1 and got his GC in 1.5 years. More over he was no good as manager and a pathetic programmer. Also he did no good to the company actually lost a few clients and when he got his ass on fire he moved to other company and started working as a pathetic programmer with his GC

    AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..

    I was also mad like you are today when the lawyers were busy filing for 140 + 485 during the entire month of July 07 and ignoring other applicants. I counted all the way from 100.:D
    And now you can also imagine how mad would many EB3-I filers would be with PDs in early 2002.



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