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  • Caliber
    01-16 07:37 PM
    Date of sign up: Jan. 16, 2007
    Subscription Name: Secure $50 Per Month Recurring Contribution Subscription Number: S-09A85447SH728390F

    Contributed till now: 300 + 50 = 350

    Even my October 2002, NJ EB3 labor was not yet approved. Not that some thing good will happen soon, but by seeing the selfless efforts of the core team especially Aman, I feel sad and hence contributing. I know if some one asks me to spend even one hour time for some social life, I may not do so. But this core team has been tirelessly working and I feel ashamed of myself.

    This 485 eligibility to apply will not even benefit me as my labor is stuck with PBEC and I hope all the people waiting with 140 approvals will get benefit.

    Thank you Team IV.





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  • nyte_crawler
    04-07 12:32 PM
    After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.

    (2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.

    (3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.

    So, Cut the crap and do your work.

    You seem to be drawing conclusions out of nowhere. What�s up with you and desi software consultants? Please stop posting incendiary remarks about any group of people. I understand you have your opinion, but please be constructive and justify it based on facts, not on some rumor and your own personal vendetta. Just like you, everybody have their right to have their opportunities to improve their life and betterment of their communities they surround themselves with.





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  • h1techSlave
    02-05 05:51 PM
    like minded folks, please post your ideas.





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  • transpass
    04-10 12:07 PM
    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.

    Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.

    Now,

    1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?

    2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?

    3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?

    4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...

    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf


    Thanks,



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  • vagish
    04-04 03:57 PM
    If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:

    1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.

    2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.

    If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.

    completely agree.





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  • jcgc
    02-21 03:13 PM
    Assuming you are right then,
    average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
    Now assuming this year the demand would be close to average then. It leaves 14K for EB2
    Implying 12/2003 dates movement is very likely as 14k>5k (your number)


    Yes it is very likely the Eb2 India can move past Dec03. Keep in mind that the spillover (taking your estimate of 14k) will not entirely go to EB2 India. Part of it will also go to Eb2 China. And we dont know how that allocation is done.

    Again, All this is based on the hope provided by recent posts that Eb1ROW spillover may actually got to EB2India (posts made by Ron Gotcher / Googler on their supposed converations with Charles Oppenheimer). Till recently, I used to be under the impression that only Eb1ROW spills to EB2ROW spills to EB3ROW.



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  • Leo07
    06-10 07:53 PM
    Thanks a bunch!





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  • fullerene
    06-12 10:15 PM
    I don't think the senator version of CIR will be passed at the house so I hope CIR fails completely. So senators can move ahead to vote provisions separately in favor of EB and H1 applicants.



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  • justAnotherFile
    07-24 01:28 PM
    no offense meant..

    .. but if "the law is the law" and there is no room for "interpretation" then lawyers will be out of business :)

    I guess that is why congress also publishes the "intent of congress" with every legislative bill to guide interpretations, because there will be situations and cases which test the limits of law and they cannot visualize that while writing a law.





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  • rbhatia88
    07-27 09:38 PM
    I filed for I-485 for my son on 2nd July but did not receive the receipt so far. My son is turning 21 next month, my lawyer is guiding me to file for F-1 for my son to be on the safe side. Is filing for F-1 going to effect the I-485. What will happen if approved F-1 comes before receipt?

    Anyone can help me with this issue?



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  • bindas74
    02-21 12:29 PM
    if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!

    Hi,

    Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??

    -THanks





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  • Jaime
    09-10 03:05 PM
    You are grossly being taken advantage of - You just met an immigrant from a green card lottery country who applied for a green card over the internet and got it, thanks to the lottery. Good for him or her! But this immigrant has very basic schooling and is just now starting to look for a job in whatever. You, on the other hand, had to go through grueling interview processes at your current company and had to overcome many immigration process hurdles such as Labor certification, to prove that no American was available for your job. Even then, your green card is still many years away. Even with your U.S.-earned PhD or MAsters degree...and you may yet be laid off and forced to immediately leave the United States. If only you had been born in Iceland or Botswana or Kenya and won a green card through the USCIS lottery from an internet cafe in Nairobi!!!! No such luck though!



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  • WillIBLucky
    12-28 12:31 PM
    For Detroit you can use http://miindia.com.
    Thanks Pappu.

    IV members :
    Need help !! .. finding regional web sites. As an example
    atlantadesi.com in Atlanta.

    I have listed cities below , can IV members help find regional web site of the cities below, then we can post in the sites .. We need to take these action items with a SENSE OF URGENCY, just like we MADE CALLS in Lame duck. PREPARATION IS IMPORTANT, INCREASING MEMBERSHIP WILL HELP SOLVE MANY PROBLEMS APART FROM FUNDING.

    LET'S COMPLETE THIS EFFORT ASAP.

    I am bumping this thread , with a classified in atlantadesi.com

    Cities ,I am looking for most popular regional web sites.
    1)New York
    2)Los Angeles
    3)Chicago
    4)Houston
    5)Philadelphia
    6)Phoenix
    7)San Antonio
    8)San Diego
    9)Dallas
    10)San Jose
    11)Detroit
    12)Indianapolis
    13)Jacksonville
    14)San Fransisco
    15)Columbus
    16)Austin
    17)Memphis
    18)Baltimore
    19)Fort Worth
    20)Charlotte
    21)El Paso
    22)Milwaukee
    23)Seattle
    24)Boston
    25)Denver
    26)Luisville
    27)Washington
    28)Nashville
    29)Las Vegas
    30)Portland
    31)Oklahoma City
    32)Tuscon





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  • va_labor2002
    07-24 12:38 PM
    Hi rpatel,
    I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.

    I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?

    I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:

    1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.

    2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.

    3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.



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  • GreenCard4US
    07-12 11:50 PM
    Well said GCBY3000. Since something is going to happen, she wants to project herself as though she put in some effort. A few months back when I made a phone appointment with her, she was not at all helpfull. All she kept saying was, we can do it for you for so many $$$. It was all about money, money and money. I honestly doubt her intentions.





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  • pappu
    01-15 11:26 PM
    Bumping /\/\/\/\/\/\/\/\/\/\/\/\
    dont give up!
    I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.



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  • StuckInTheMuck
    07-28 07:34 PM
    Wonderful realization. Here is a comment accompanied with red dot for me for my post earlier:

    "why..what is wrong with the thread?"...I wonder what is wrong with this thread.
    Funny, I got a red dot too and with a similar comment - apparently a simple question early on about the relevance of this thread rubbed someone the wrong way (maybe he slipped head-first from his bed today morning).





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  • am100
    07-06 01:23 AM
    Did u Used AC21 or changes job after applying I-485 Or is it a stright forward case.

    Thanks in advance for the reply.

    Sorry for the late response. I was actually out of country when my GC got approved. Just got back today.

    I did not use AC 21. I have been with the same employer throughout the process. However, I changed job location after 140 approval. Hence, I had to refile labor (PERM) from new location but ported the older PD. Since, my PD was not current, I did not loose any time even with refiling labor. Hope this helps. Please let me know if if you have any more questions.





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  • Dhundhun
    06-28 11:17 PM
    Gurus,

    We have applied for 485 for four of our family members. Myself (Primary) and two kids got the welcome email on 06/25 and RFE email for my spouse application on 6/26. Haven't recvd any documents in mail to know the reason, but my questions to Gurus is

    - How long will it take to get Card Ordered email after Welcome email. We havent recvd the welcome package in mail yet.

    - Is there any relation between not getting Card Ordered email and RFE on my sopuse application.

    - What could be the potential reason for RFE on my Spouse Application.

    Thanks in advance.

    EB2, PD:Jan'2004, July 2 Filer.

    2 Weeks to 6 weeks.
    RFE could be missing medical for example.
    Usually, it does not stop other members getting GC.





    Legal
    07-13 04:49 PM
    If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.

    They adjudicated lot more 485s than 25 K last year. This massive adjudication was the reason behind threatened withdrawal of July 07 bulletin.





    sajimm
    12-13 04:18 PM
    I'm getting confused on the date part after reading various posts.

    Is it mandatory to wait for 180 days after I140 to port your PD from an old I140 to a new I140(with a different company) ?

    To change jobs and continue the same GC process I believe one has to complete at-least 1180 days in I485 stage. However in this stage the new job title and responsibilities should be same

    I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer



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