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  • srini1976
    09-23 06:23 PM
    The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
    1. Will DOS do spillover every quarter or only once every year?
    2. What would be the number of eb2 and eb1 visa demand from ROW?

    the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.

    I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because there will be a either a repeat of August 2008 visa bulletin where they might move the visa bulletin up to 2006 or 2007 and basically they will give a visa to whoever irrespective of PD which means people with 2004 and 2005 might get left behind again while people from 2007 and 2007 might get GC or an even more disastrous situation might be that if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.

    The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
    If not all, Recent spate of approvals for EB 2 - I (based on spill over) - in first few weeks of September 2009 is itself a proof of their improved service (& Pre-Adjudication)

    Most likely spill over should happen Quarterly. If not I agree with you - they can make everyone current in the last Quarter and approve irrespective of Priority Date. But its least likely to happen this year. But you never know about USCIS.





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  • dealsnet
    09-04 10:34 PM
    Walden pond's id is not secret, it is shown with name in IV web page. It is well known and published. But the members real id is diffrent and is not published.
    Think first and post non sense. CHANDRAKANTH VEMULA.
    He studied in St. John's school and now a anti christian. See the link.
    http://www.linkedin.com/in/chandrakanthvemula
    It was Jesus's decision to punish YSR for having used his name to kill innocent people. Do you want to be next in line? Learn forum rules. When you do not use your real name, you have no right to use other's real names.

    Walden Pond spent US $ 65,000.00 of his own money for the sake of others and not for his personal benefit. You did not contribute single dollar and talk others with names?

    Please behave yourself.





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  • mbartosik
    02-13 04:45 PM
    The level of commitment for those that would be plaintiffs, unlike the MI DL case would be a lot more, because USCIS could attempt to adjudicate their cases aggressively. The level of money would be significant. Think $200 per hour, for many man months of work. Without at least $50K in the pot with plenty more available I wouldn't even entertain it.

    The level of time commitment is probably equivalent to obtaining 500 letters to the president.

    So how about we have a pole.

    First question is how much you are willing to contribute?


    Are you willing to be a plaintiff with a $10K penalty for withdrawing?

    Let's make that last question only open to those who have obtained or will obtain at least a 100 letters, and have already demonstrated willingness to travel to court hearings and depositions (like attending the DC rally and meeting law makers etc.).


    I suspect that less than 10 people are qualified to vote to be plaintiffs, based on my commitment criteria and some of them already have GC or will likely have soon.

    To put the effort into context both Walking_Dude and myself put a lot of effort into MI DL issue. We needed people with legal standing to sue. The two we had dropped out late, one on the day before filing complaint. I had put at least 40 hours working on this (but being in NY I don't have legal standing).

    I've done litigation before, and done some Pro Se (latin on behalf of self - no attorney), believe me the litigation that you are talking of requires considerable time and commitment (unlike the MI DL issue which only required a few hours of the plaintiffs).

    It would cut us off from USCIS. Once litigation starts you are burning your bridges. I can see only one practical way to do litigation, that is for an small group with no clear IV affiliation to do it, that instantly eliminates any committed members.

    So let's stop talking about this and invest in letters.





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  • sc09876
    07-21 02:35 PM
    Get the number, add to the contact list, name the contact as torture.com LOL

    Can you explain me in more detail. How to do this? How can u save their number as torture.com?



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  • vdlrao
    07-21 05:33 PM
    Spillover is usually USCIS inefficiency to allocate them. The law says USCIS can leave some visa unassigned but cannot over assign even a single visa for a year.

    This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.





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  • snathan
    01-15 05:54 PM
    For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.

    only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?



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  • sumagiri
    07-03 11:56 AM
    I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

    If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?





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  • lazycis
    02-14 09:23 AM
    http://www.immigration.com/litigation/I-485_litigation.html

    Read
    this
    http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf

    this
    http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf

    and this
    http://www.immigration.com/litigation/I-485/order_class_denied.pdf



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  • kaisersose
    02-12 06:15 PM
    To fix the problem for everybody need both (1) increase in visa numbers and (2) remove/increase country quota, IMHO.

    Only India and China & one or two more countries will support the removal of country limit. The rest of the world will actually oppopse this move as it will have a negative impact on their processing times greatly.

    There was a discussion on this on sometime ago.





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  • BMS
    07-03 06:47 PM
    sent to all foxnews email addr



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  • NolaIndian32
    10-28 01:30 PM
    Can Nixtor or IV Core share some updates on the status of this idea/project.





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  • mxh72c
    07-16 09:58 PM
    Does anybody know how many EB2-I and EB2-ROW PERMs were processed for 2006, 2007 and 2008? Once we know these numbers it will be easy to predict EB2-I movement as all of the spillover numbers will be used primarily by EB2 India.



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  • soma
    02-12 10:30 PM
    just lobbying won't get us anywhere, class action lawsuit would make them listen!!!





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  • gdilla
    05-09 05:57 PM
    Stop the bashing of countries with stupid generalizations like cost of living and bad doctors. This is ridiculous. See my other posts dispelling Canadian misconceptions. That your friends or whoever has had badluck in Canada is probably as much due to their lack of perperation and research before going there coupled with their socialist sense of entitlement.

    And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).

    But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.

    It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.

    I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.

    If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.



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  • tikka
    07-04 01:00 PM
    As you know, spouse and minor children's applications for AOS are filed with Primary Applicant. Minor children are those under 21 years of age. Once the child turns 21, they are no longer eligible to file AOS wih primary applcant. However, there is a Child's Protection Act that allows the time that it takes (# of days) to process the I140 to be subtracted from the child's age when he /she turns 21. Example - if it takes 128 days to process the I140, the child turns 21 but is considered 21 years minus 128 days. Provided you can file AOS in within 128 days of the child turning 21 then he/she is considered a minor.
    The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.

    MACACA - pls see your PM...





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  • eager_immi
    07-11 01:57 PM
    Well said, forget the premiums if you fall sick you know there is constant co-pay for both doctors and medication, then lot of insurance you are covered only 80% till you hit some 3000 out of pocket, so you need to add that as well. Please watch SICKO (ofcourse canada has more wait time but that is bc 20% of the people in the US are unisured and they are not in the queue so that automatically reduces the wait time in the US)

    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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  • bajrangbali
    05-01 06:56 PM
    It looks like my post which was meant to bring some awareness to the innocent civilians being killed in SL has lost its purpose. Here are some clarification which will respond to atleast some posts:

    1) There is no support for LTTE, not by Indian govt, not by USA, UN or any other country and neither by me
    2) Post is not to gather support for LTTE, post is to gather support for INNOCENT CIVILIANS being killed. Now both sides killed civilians, recent report by UN (third party which is neutral - if neutral or UN still carries any value) shows SL army bombing the civilian safe-zone which is an outrage.
    3) SL tamils are not Indian citizens. If we get US citizenship do you think anyone in USA will treat you as american, you are Indian American. My reference to Indians in SL is the same, thought you guys are smart enough to understand that.
    4) Our Indian government with all its might..should not keep quiet and let the ethnic cleansing happen..kill all the LTTE no one cares..but killing all tamilians or most of them to keep others quiet is outageous. Bringing out this atrocity is the point of my post.

    And guys..I am not a tamilian..I am an Indian..if this happens to any other group in India I will stand up and shout with the same ferocity with which I posted this. Standing up for good cause and protecting human values anywhere in the world need not require us belonging to a particular community. Being human is enough!

    Show some understanding to the suffering and above all...stay in peace





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  • nrk
    10-21 02:48 PM
    Did you missed out the year 2006 or You expect the annual spillover happens in August and Septemeber 2010 bulletins so that they will move more than one year for EB2

    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007





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  • grupak
    02-15 07:28 PM
    as always.

    actually india and china are in teh top 5 receipents of F1 visas, and far ahead of most countries

    http://travel.state.gov/pdf/FY06AnnualReportTableXVII.pdf

    now folks. STOP.
    you are making me sick.

    Thanks for the data, I had a feeling some countries were using F1 more than others. Good to have the facts straight.

    This discussion is really not going anywhere. Lets stick with IV agenda and action items.





    u.misc
    01-25 02:55 PM
    I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.


    I came here in 1999, at that time employer was not bound to pay for H1-B expense. Later USCIS enforced the law and now most employer do pay for H1-B.

    However for GC, its the employer's discretion and there is no written rule as who should bear the cost fo GC filing. I paid for mine.





    Desertfox
    07-24 07:59 PM
    This is the most accurate evaluation I have ever found on this forum regarding how USCIS works! :D

    For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
    It looks like 2008 is " let's reduce some backlog in EB2-category" year.
    On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.

    I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.

    There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.

    examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3

    (2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.


    p.s
    I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)



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