dilipcr
06-16 01:50 PM
Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.
Retrogression is a scar on the face of EB immigration.
Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"
Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.
Retrogression is a scar on the face of EB immigration.
Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"
Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.
wallpaper Linda Hogan іѕ reportedly
newbee7
07-04 12:45 PM
Might be potential headline: USCIS betrays thousands of hopeful
John333
07-15 06:40 AM
Dear Attorney,
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
2011 Charley Hill, Linda Hogan
la6470
01-17 12:31 AM
Please read this article.
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
I feel IV can join hands with AILA on this to help us in this situation.
Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!
We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.
I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.
I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.
Thanks for the post. I have also expressed my opinion in Mr Mehta's blog who was courageous enough to spell out in clear terms the discriminatory practices of USCIS. We should in no uncertain terms, pull down the mask that USCIS is wearing while practicing pure discrimination and segregation - that is completely alien to the American constitution and society.
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
I feel IV can join hands with AILA on this to help us in this situation.
Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!
We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.
I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.
I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.
Thanks for the post. I have also expressed my opinion in Mr Mehta's blog who was courageous enough to spell out in clear terms the discriminatory practices of USCIS. We should in no uncertain terms, pull down the mask that USCIS is wearing while practicing pure discrimination and segregation - that is completely alien to the American constitution and society.
more...
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.
"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.
senthil1
06-11 10:50 PM
There were many compelling reasons for recapture bill on 1999-2000. Top 3 reasons were
1. Demand was very high and in some areas only less than 2 persons were available for 4 positions.
2. Outsourcing was very low. There is no other way than importing foreigners. Now even if demand increases many positions are going for outsourcing.
3.There were no AC21. So many people started leaving country after completion of 6 years H1b causing huge problems to companies and country.Companies could get recapture and AC21. Now atleast 80% of the H1b persons are willing to stay even 15 years without green card using ac21.
Now only green card aspirants are suffering due to deley in green card not the companies or country. But country and companies are using the H1b persons by just showing green card carrot but actually not giving it.
Dilip Dude,
As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...
Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.
I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.
My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)
1. Demand was very high and in some areas only less than 2 persons were available for 4 positions.
2. Outsourcing was very low. There is no other way than importing foreigners. Now even if demand increases many positions are going for outsourcing.
3.There were no AC21. So many people started leaving country after completion of 6 years H1b causing huge problems to companies and country.Companies could get recapture and AC21. Now atleast 80% of the H1b persons are willing to stay even 15 years without green card using ac21.
Now only green card aspirants are suffering due to deley in green card not the companies or country. But country and companies are using the H1b persons by just showing green card carrot but actually not giving it.
Dilip Dude,
As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...
Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.
I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.
My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)
more...
snathan
08-16 05:13 PM
Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,
if robert gates (defense secretary), is asked to remove his shirt
if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?
NO. We agree on the answer atleast. Do people in India have to KNOW them?
You are missing the point here. Americans are doing what they are supposed to do. Our babus are not able to do anything to even ward consuler or local MLA. Whoes mistake that is.
if robert gates (defense secretary), is asked to remove his shirt
if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?
NO. We agree on the answer atleast. Do people in India have to KNOW them?
You are missing the point here. Americans are doing what they are supposed to do. Our babus are not able to do anything to even ward consuler or local MLA. Whoes mistake that is.
2010 Hulk Hogan got engaged in
gonecrazyonh4
03-16 12:23 PM
All the people in the piple line are saved, but atleast it will prevent further misuse of this loophole.
There should be some enquiry or auditing done on the old LC substituion cases and green cards revoked for those whose received theirs illegally and those visa numbers added back (wishful thinking).
Any auditing done on these cases would reveal lots of scams and possibily avert others from being unscrupulous.
Its so unfair that people jumb ahead of the que for upto 5 years using LC substitution.
There should be some enquiry or auditing done on the old LC substituion cases and green cards revoked for those whose received theirs illegally and those visa numbers added back (wishful thinking).
Any auditing done on these cases would reveal lots of scams and possibily avert others from being unscrupulous.
Its so unfair that people jumb ahead of the que for upto 5 years using LC substitution.
more...
Desertfox
09-23 04:06 PM
Nixstor,
Thanks for the brilliant idea, but I have a question about the draft. Is it really necessary to mention that 20% downpayment clause in there? I am a non-IT (manufacturing) EB3 applicant making half the salary you mentioned in the draft, and I bought a house with a 3% downpayment on a FHA loan. However, I have an excellent credit and I don't foresee myself in a foreclosure situation in the near future. I dont know if there are many GC applicant with my profile, but aren't we helping the housing market by buying a house?
Anyway, I will support every initiative that has the remotest possibility to remove one person in line ahead of me.
Thanks for the brilliant idea, but I have a question about the draft. Is it really necessary to mention that 20% downpayment clause in there? I am a non-IT (manufacturing) EB3 applicant making half the salary you mentioned in the draft, and I bought a house with a 3% downpayment on a FHA loan. However, I have an excellent credit and I don't foresee myself in a foreclosure situation in the near future. I dont know if there are many GC applicant with my profile, but aren't we helping the housing market by buying a house?
Anyway, I will support every initiative that has the remotest possibility to remove one person in line ahead of me.
hair Charley Hill, Linda Hogan
h1b_forever
07-28 03:48 PM
Good one
With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D
With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D
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BharatPremi
09-24 04:54 PM
Not sure what you are talking about. There are two rules as follows
28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
/\ my answers
28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
/\ my answers
hot Linda Hogan amp; Charley Hill
Mount Soche
02-14 08:30 AM
Bestia,
This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?
That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".
Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"
If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?
This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?
That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".
Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"
If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?
more...
house Linda Hogan was out on the
Ramba
03-30 02:14 PM
Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.
If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)
Any way I will update soon....
If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)
Any way I will update soon....
tattoo Linda Hogan did not comment on
amoljak
10-23 03:27 PM
Thanks eb3India.
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
Labor certification means a company is certifying that they cannot find an American to do the job, lets say write a Java program. So once they certify that, they can say look we have this dude from India who can write Java programs, we want to hire him permanently. But what if the dude gets a better job or goes back to India or both...? The company still needs someone to write that Java program... they have established that they are not able to find an American to do that... so they can say this dude-2 has the same qualifications as the dude whom we originally want... so let us hire him permanently... so that is labor substitution... there is genuine business case to do that.
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
Labor certification means a company is certifying that they cannot find an American to do the job, lets say write a Java program. So once they certify that, they can say look we have this dude from India who can write Java programs, we want to hire him permanently. But what if the dude gets a better job or goes back to India or both...? The company still needs someone to write that Java program... they have established that they are not able to find an American to do that... so they can say this dude-2 has the same qualifications as the dude whom we originally want... so let us hire him permanently... so that is labor substitution... there is genuine business case to do that.
more...
pictures Linda Hogan says she#39;s not
nfinity
07-04 08:51 AM
Dugg the links, posted to the board. What other action items do we have?
dresses Linda Hogan
waiting4gc
02-13 02:30 PM
Couldn't agree with you more.
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
more...
makeup It looks like Linda Hogan
485Mbe4001
05-29 02:31 PM
:) he did say hope is on the way...but forgot to say which way or he was try to say what would hope's tombstone read...
Here lies HOPE...it was IN the WAY :rolleyes:
to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.
Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"
Here lies HOPE...it was IN the WAY :rolleyes:
to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.
Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"
girlfriend PHOTOS: Brooke And Linda Hogan
sachug22
09-14 02:52 PM
I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC
Total pending I-485 in 2005 (EB2 India) ~ 13000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
Denied I-140/I-485 after PERM approval
If these makeup 10-20% applications then dates should move faster.
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC
Total pending I-485 in 2005 (EB2 India) ~ 13000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
Denied I-140/I-485 after PERM approval
If these makeup 10-20% applications then dates should move faster.
hairstyles Linda Hogan
eb2_mumbai
09-28 10:48 AM
I have a few questions of guru's on this forum.
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
Legal
07-21 10:32 PM
vdlrao, Thanks for the great analysis.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
It does look like all the AC21 numbers have been used up. Even if you don't take this into account, there are 40,000 + visa numbers available for use before Sep 30th.
Since we have been conditioned to receive only bad news for the past 3 years, we find it hard to believe. If this happens, EB-2 will get a good kickstart and with spillovers happening each quarter the dates should keep moving which vdlrao has been saying all along.
I also suspect among the 3 Llofgren bills, even if only the per-country quota elimination bill could be enacted, enough numbers may reach some long suffering EB3 India members.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
It does look like all the AC21 numbers have been used up. Even if you don't take this into account, there are 40,000 + visa numbers available for use before Sep 30th.
Since we have been conditioned to receive only bad news for the past 3 years, we find it hard to believe. If this happens, EB-2 will get a good kickstart and with spillovers happening each quarter the dates should keep moving which vdlrao has been saying all along.
I also suspect among the 3 Llofgren bills, even if only the per-country quota elimination bill could be enacted, enough numbers may reach some long suffering EB3 India members.
Jerrome
05-12 04:29 PM
Read my previous posts where I said tamils that doesn't live in the war areas lead life just as other nationalities. Its my fault that I didn't mention it again.
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
Read this
http://www.fidh.org/Expulsions-of-Tamils-from-Colombo
http://www.paperarticles.com/2008/09/tamils-resent-surveillance-in-colombo.html
My point is the same as following
"FIDH recalls that LTTE has been involved in various attacks on civilians, including recent bomb attacks. FIDH condemns such attacks; however, an indiscriminate and arbitrary reply targeting the whole Tamil community can only further fuel violence and polarization between the different ethnic communities in Sri Lanka."
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
Read this
http://www.fidh.org/Expulsions-of-Tamils-from-Colombo
http://www.paperarticles.com/2008/09/tamils-resent-surveillance-in-colombo.html
My point is the same as following
"FIDH recalls that LTTE has been involved in various attacks on civilians, including recent bomb attacks. FIDH condemns such attacks; however, an indiscriminate and arbitrary reply targeting the whole Tamil community can only further fuel violence and polarization between the different ethnic communities in Sri Lanka."