crazyghoda
10-16 11:38 AM
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
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cinqsit
01-15 02:37 PM
I am surprised why H1bs are angry ? This memo will impact the body shop only . Why shed tears for these desis dallas ? There is no bottom-line for these Indian Dallas. Now USCIS has just said we will follow the rules and people are worried ? Why the desi IT companies have/will not follow the rules.Work directly for client or good consulting companies. I see this end of Body shopping model of business.
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
snathan
01-13 06:10 PM
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
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andy007
07-03 10:25 PM
--------------------------------------------------------------------------------
http://www.wesh.com/money/13616272/detail.html
http://www.edmontonsun.com/News/Worl...08500-sun.html
http://www.kswo.com/Global/story.asp?S=6740337
http://www.onelocalnews.com/howellti...news&id=129492
http://economictimes.indiatimes.com/...ow/2170349.cms
http://www.foxnews.com/wires/2007Jul...nCards,00.html
Thanks i am looking for CNN also ..
http://www.wesh.com/money/13616272/detail.html
http://www.edmontonsun.com/News/Worl...08500-sun.html
http://www.kswo.com/Global/story.asp?S=6740337
http://www.onelocalnews.com/howellti...news&id=129492
http://economictimes.indiatimes.com/...ow/2170349.cms
http://www.foxnews.com/wires/2007Jul...nCards,00.html
Thanks i am looking for CNN also ..
more...
sumagiri
07-23 02:07 PM
that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.
Legal, Thanks again. Also that is where exactly is the contradiction in analysis.
In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.
If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.
If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.
Please note that I am not making this complex. I am only pointing at complexities.
Legal, Thanks again. Also that is where exactly is the contradiction in analysis.
In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.
If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.
If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.
Please note that I am not making this complex. I am only pointing at complexities.
sachug22
10-07 05:10 PM
Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.
My numbers
EB1 all - 17K
EB2 ROW - 22K
EB2-I 30K
EB2-C 9K
EB3 all - 40K
EB4 all - 7K
EB5 all - 7K
CP - 8K
I am assuming zero spill over from family category and lower CP numbers (no retrogress country applicant will wait for CP and new applications are low)
My numbers
EB1 all - 17K
EB2 ROW - 22K
EB2-I 30K
EB2-C 9K
EB3 all - 40K
EB4 all - 7K
EB5 all - 7K
CP - 8K
I am assuming zero spill over from family category and lower CP numbers (no retrogress country applicant will wait for CP and new applications are low)
more...
Marphad
04-20 02:08 PM
GCKaMaara is right, different people operate at different IQ level.
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
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g1FTP
06-16 03:27 PM
I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
more...
gc28262
06-12 09:52 PM
Exactly what I had tried to express, you have succinctly put them in numbers. Thank you
BTW senthil1 is an anti-immigrant and one of the most despised individual on this forum for his "close the door behind me" attitude. You guys together will definitely have a good time !
BTW senthil1 is an anti-immigrant and one of the most despised individual on this forum for his "close the door behind me" attitude. You guys together will definitely have a good time !
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proengineer
10-15 02:59 PM
Interesting statistics posted on Ron Gotcher forum
Credit to Nolefan
Hello Ron,
I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.
Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered
* Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
* All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
o consular processing (EB1 & EB2)
o ROW (EB1 & EB2) + Mexico + Philippines
* most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
* Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.
Calculations
EB1 spill over
Total quota allowed: 40040
Average consular processing: 5290
AOS Pending: 4050
New applications: 2500
spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
spill over from EB1~ 28500
EB2 spill over
Total quota allowed: 40040
Average consular processing: 2199
AOS Pending (ROW): 7871
New applications: 2500
spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
spill over from EB1~ 27470
Total EB1 & EB2 spill over = 28500 + 27470
Total EB1 & EB2 spill over = 55970
EB4 spill over
Total quota allowed: 9800
Average visa numbers used: 7432�� based on data from 1998 to 2008
spill over = 2368
EB5 spill over
Total quota allowed: 9800
Average visa numbers used: 465 �� based on data from 1998 to 2008
2008 data: 1360
spill over : 8440
Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)
i.e. 28500 + 27470 + 2368 + 8440 ..
Total spill over for EB2 India / China: 66778
Preadjudicated EB2 India / China applications ~ 51000
Total pending EB2 India / China ~ 67061
If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.
Credit to Nolefan
Hello Ron,
I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.
Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered
* Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
* All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
o consular processing (EB1 & EB2)
o ROW (EB1 & EB2) + Mexico + Philippines
* most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
* Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.
Calculations
EB1 spill over
Total quota allowed: 40040
Average consular processing: 5290
AOS Pending: 4050
New applications: 2500
spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
spill over from EB1~ 28500
EB2 spill over
Total quota allowed: 40040
Average consular processing: 2199
AOS Pending (ROW): 7871
New applications: 2500
spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
spill over from EB1~ 27470
Total EB1 & EB2 spill over = 28500 + 27470
Total EB1 & EB2 spill over = 55970
EB4 spill over
Total quota allowed: 9800
Average visa numbers used: 7432�� based on data from 1998 to 2008
spill over = 2368
EB5 spill over
Total quota allowed: 9800
Average visa numbers used: 465 �� based on data from 1998 to 2008
2008 data: 1360
spill over : 8440
Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)
i.e. 28500 + 27470 + 2368 + 8440 ..
Total spill over for EB2 India / China: 66778
Preadjudicated EB2 India / China applications ~ 51000
Total pending EB2 India / China ~ 67061
If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.
more...
krishnam70
07-11 07:36 PM
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small company (about 90 employees), and we hire people from all over the world. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state.
With TN you get stamped at the border -- and welcome back to the USA! :)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
Using NEXUS.. doing my research..
TN is given for two years. Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small company (about 90 employees), and we hire people from all over the world. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state.
With TN you get stamped at the border -- and welcome back to the USA! :)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
Using NEXUS.. doing my research..
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IV2007
07-03 12:50 PM
I don't have any documents/reciepts related to I-140.
Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.
In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?
Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.
In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?
more...
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immigrationvoice1
02-13 12:17 PM
That is absolutely not true. Unused visas from under subscribed countries are made available to over subscribed countries.
And how do you support that argument please ?
And how do you support that argument please ?
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alisa
06-27 09:58 PM
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
I agree. Its just one headache after another.
But why July 2nd?
If they really want to, they can 'U' the entire July.
There is a saying in Urdu. Translated it says that its the prerogative of the lion to lay eggs, or bear cubs, since he is the King of the Jungle.
USCIS is the king of the jungle here.
But if they do this, this will be cruelest joke on thousands of people.
I agree. Its just one headache after another.
But why July 2nd?
If they really want to, they can 'U' the entire July.
There is a saying in Urdu. Translated it says that its the prerogative of the lion to lay eggs, or bear cubs, since he is the King of the Jungle.
USCIS is the king of the jungle here.
But if they do this, this will be cruelest joke on thousands of people.
more...
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Sunx_2004
07-29 11:56 AM
Here is my case, Company A filed Labor GC for me, Labor filed 04/2004, I-140 approved 06/07, I485 filed 07/07.
Company A got aquired by company B in 11/07, Company B filed 3 year extension on H1B based on approved I-140 approved H1B.
Now company B filed amendment to approved I 140- My questions-
Is my I 140 still aproved or it will start all over?
I am planning to change the company coming October, Can I change the company at this stage. Will it affect my AOS in adverse way.
What
I need to take care of if I want to switch the job.
Company A got aquired by company B in 11/07, Company B filed 3 year extension on H1B based on approved I-140 approved H1B.
Now company B filed amendment to approved I 140- My questions-
Is my I 140 still aproved or it will start all over?
I am planning to change the company coming October, Can I change the company at this stage. Will it affect my AOS in adverse way.
What
I need to take care of if I want to switch the job.
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vdlrao
07-15 10:54 PM
vdlrao,
True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.
Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.
And you guess is 04-08 would get cleared in another year :p hard to believe!
04-08 would get cleared in another year ? : u may be righ IntheMoment. In 05 there are very less cases.
so there are 06 and 07 & 08. I presume even thugh it wont be current then the PD will be 1 or 1 and half year delay.
True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.
Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.
And you guess is 04-08 would get cleared in another year :p hard to believe!
04-08 would get cleared in another year ? : u may be righ IntheMoment. In 05 there are very less cases.
so there are 06 and 07 & 08. I presume even thugh it wont be current then the PD will be 1 or 1 and half year delay.
more...
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nozerd
03-19 05:36 PM
You would be taking a big chance if you are out for more than 3 out of the 5 yrs. They will still allow you to enter but ask you to go for immigration hearing and then its up to the judge.
Instead why dont you do this
1) Start building Canadian resume, get a canadian number and address and start sending resumes.
2) If there is interview go attend the interview
or
3) Take your annual vacation gothere for 3 weeks-1 month and see if you can make inroads.
Instead why dont you do this
1) Start building Canadian resume, get a canadian number and address and start sending resumes.
2) If there is interview go attend the interview
or
3) Take your annual vacation gothere for 3 weeks-1 month and see if you can make inroads.
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vdlrao
07-21 05:30 PM
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
This is due to the limit of 7% per country of available Family Based Visas and 2% for dependent areas.
I havent researched FB category , so apologize if its silly question
This is due to the limit of 7% per country of available Family Based Visas and 2% for dependent areas.
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jsb
05-29 01:55 PM
Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.
Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.
Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.
Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.
Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.
amsgc
07-04 11:22 AM
Need more titles!
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
"The US govt. does a number on High Skilled Immigrants"
http://immigrationvoice.org/forum/showthread.php?t=5994&page=9
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
"The US govt. does a number on High Skilled Immigrants"
http://immigrationvoice.org/forum/showthread.php?t=5994&page=9
GCkiTaisi
05-01 11:07 PM
My blood boils in digust when I read such stories..
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