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immique07-18 11:45 PMSpillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen

What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�

Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.



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snathan01-19 01:27 PMYeah and I don't mind hiring your sister and mother too. After all I am EOE. You shut up and if you feel bad leave this profession. It's that simple. But don't be in state of denial. I just shown you the mirror. This reply pl don't read with humor.

From the moment this thread got created you are the only one constantly ourbursting against your ex-employer. You forgot that you are giving fodder to antis. If you read the entire thread, you are the only one talking out of context. Clam down and think how you can contibute possitively. You outburst is not going to help anyone including you.



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bitu7209-29 10:24 AMDoes any body have information if we need H1 to be valid for 1 year before applying for PR. Mine is expiring in april 06, can i apply now. will they reject it and i have to resend when i get my extension...please responds...

this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..



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chanduv2309-04 10:35 PMThis MF doesn't even have minimum decency to just leave alone a Dead Man.

Want to see his saint deeds on IV.....Look for handle "CHANDUV23" handle history.

1..) This MF has been preaching about faking Resumes in his old posts
2.) He suggested faking Exp letter to someone in trouble...
3.) He openly has shown someones full name using his Admin previledges


Look for all of "CHANDUV23" posts

Want to see him...search for him in UTUBE. Search for "CHANDUV23"
God knows what kind of idiots are given this kind of responsibility as Admin....

U r insane. U r assuming stuff and spewing venom. U like googling people's ids ehhh and that is ur passtime.

And for your kind information - I am not an admin, nor do I have any previliges. I can always write what I want, if IV thinks that I must not write something, they let me know. I do not have to come on multiple IDs like some of you do.

For those who are angry with me - send me an email or post me a private message as to why you are all so angry with me.

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immique07-17 01:23 AMI don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself

Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.

But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.

But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..



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sunny100012-13 05:17 PMThis problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB2 their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity. Which brings me to the main point, which is it may be inconvenient, and it may be uncomfortable, but immigration has, does and perhaps for the foreseeable future will have racial undertones.

I guess with Dems in control, that H1 quota could happen soon...:)

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sabbygirl9903-20 02:37 PMThe title is pretty self-explanatory. Basically, I want to know whether I can legally continue my GC process in US once I get Canadian PR? What would I have to do? I read the blog from the guy who said he had an address, account in Canada but worked in US. I couldn't tell, though, whether he ended up keeping his Canadian PR...and also - whether he ended up getting the US Green Card in the end?? Appreciate any help!!!



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_TrueFacts09-03 02:21 PMpls keep your social discussions away from this website. I think its a waste of resource to having this thread exist in the first place.

One more preacher! How does it matter? If IIM Bangalore can have a discussion on Women Rights and all are invited why not we people on a public forum.

If you have a point, say so..

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venky32101-13 05:42 PMInteresting. I think there would probably be around maybe half a million or so H1Bs currently in the US, probably more , working in the IT industry. Many if not most would work for these consulting companies; ranging from the large one's like Accenture or TCS to the grocery store offices in NJ. All of them have the potential to be affected if this memo is strictly enforced.

While I would be glad if all the shady consultancy firms that have wrecked the H1B program to be put out of business; there might be serious disruptions in the IT industry if hundreds of thousands of workers are going to be forced out; even if in a phased manner; i.e. letting folks stay till their current visas expire.



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krish200501-14 03:03 PMI was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(

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jatinr07-15 06:40 PM:confused:My 485 was filed with me as Primary and my wife as derivative in July 2007 with PD of Nov'05 2003. My I-140 is approved
I have applied EAD/AP through this pending AOS, but neither me nor my wife are using EAD/AP since we are both maintaining H1B status.


My wife's parallel GC process - I-140 just got in EB2 - PD Jan 2005.
The Alient no on her application is the same that got assigned due to her pending AOS application .Her PD is current with Aug 2008 bulletine


Do you think we can file multiple 485 to take advantage of EB2 - jan 2005 PD
What is the risk?

OR
just send a letter asking USCIS to consider her approved I-140 for processing the pending AOS applications instead of mine.
Will USCIS do that.



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harikris06-03 09:18 PMWork-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.

Call it interim GC or EAD it does not matter. I don't think we should advocate introducing one more step in an already convoluted process. What if they agree to giving an interim GC with an incremental benefit to what is already available under EAD?

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a.j.204803-27 12:46 PMI wish India allows absentee ballot.

The way things are right now, as NRIs, we can't even register ourselves in the electoral rolls even if we want to plan a trip to India to conincide with election time.

You can register to vote as long as you have a permanent address in India, which is pretty much anyone except a US citizen. Voting itself is inconvenient as you have to travel to your constituency for that.



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another one09-23 06:32 PMThe congress is fully occupied with the housing issue right now. Should we sent to all congress members instead of a selected few?

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samay07-15 07:09 PMHi,

I found that priority date field on my I-140 receipt is empty. Will this create any problem??
I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.

Thanks for the answers
Your priority date is the date of your filing of your labor certification. Therefore, lack of the priority date on your I-140 receipt should not matter. Best of luck!



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mpadapa09-23 10:57 AMI support this idea.
Let us not deliberate about the details about the proposal. Let us leave it to the lawmakers to broaden the scope of the proposal. The key is to make the lawmakers aware that the EB immigrants can and are willing to provide a helping hand to improve the current housing crisis.

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sats12301-10 10:04 PMFu&^*& desi companies are still advertising for pre approved labor, here is what I got from a desi company. Looks like this labor is cleared from Backlog, they take advantage of this and make money. Its fu$%%$ jackpot for these kind of companies.

Education: BE in Computer Science, Software Engineering or a related
degree

1) Skills Oracle, Oracle Database, Developer 2000,HTML.TOAD and Window
NT


2) Visual Basis, MS SQL Server, ARS Language, HTML Java Script, ASP,
Crystal Reports., Help Desk application web interface of help desk.
Send your Resume along with your Contact #.



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nrk09-17 01:10 PMHi VDLRAO,

Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.

Do you think EB2 I, will not be crossing 2005 by September 2010 ?

When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.



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snathan08-17 01:14 PMIt happens everywhere. Politicans bank on these stars - stars get along well with businessmen, politicians fight and then kiss each other. Stars marry, divorce, remarry - and the list goes on.

Come on, it happens everywhere, not only in India. How many times do you not see 80 year old rich businessman marrying 26 year old beautiful model?

Look at how the bailout money has gone to those people who screwwed the economy.

The reason you think India has issues that other countries do not have is because you are still not stepping out of your Indian shoes.

Go out with your American friends for a drink and discuss these issues - for every issue you discuss - you will get a parallel American counter issue that is similar in nature.

There is nothing called "absolute" in this world and you will realise it now or later. Live in a country side with a constant income and you will find life peaceful because you are not bothered by what is happening.

Or try helping people - and do social service - you will realise that it is a dangerous and thankless job.

Democracy is "not exactly" how it sounds. Unfortunately, life is not fair to anyone and one has to live in within his/her means.

Crying foul over all such stuff will not bring changes. Working within parameters to bring about changes is "unfortunately" the only way how changes have come to the "Mother Earth"

snathan - you are a very strong vocal person and have great thoughts. You must utilize your "good hearted nature" not to point fingers but to see how best you can utilize and grab opportunities for betterment.

There are worse things happening in places like congo and African countries, small girls being raped , civil wars , and so many things.

Diseases are spreading, sanitation is bad, farmers are facing drought - so many things happening. Lets not blame SOME PEOPLE for all this. it is us collectovely who can bring about change.

Do you mean to say if one american actor/actress is frisked away at Mumbai or delhi airport, americans will go to street and burn the indian flag..? GOA will go after the indian security and customs...? I am not blaming anything about SRK. I am blaming common man, GOI....most importantly the OP who started the thread for SRK....well this is my last post here and I dont want to waste my time on a useless issue.



Googler02-20 03:03 PMAnd then there this piece of info from Ron Gotcher posted on Feb 14, 2008
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."

I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.

See update on this discussion on this thread (http://immigrationvoice.org/forum/showthread.php?t=17450).



kuhelica200002-13 02:01 PMGrupak, I am not suggesting any single country is monopolizing the foreign worker pool. Employment laws in the US are fairly non-discriminatory except the diversity in workplace or "Affarmative Action" component which prefers a minority when two candidates possess the same skills.

My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.



I don't understand this logic. We are talking about employment based GC.

Lets be clear that we are talking about people who are employed in the US and their employers have sponsored their green cards (except the EB2-NIW, EB1_EA). These people are employed because of their skill at jobs not their national origin.

Are you suggesting that somehow people of some countries have monopolized the foreign worker pool by born in the same country and NOT because of their skill.

Since we are talking about a privilege and benefit that comes from being employed in the US, you are actually suggesting that US employers should consider country of birth and not just skill in the employment.

Tell me how did the Chinese, Indian, Mexican and Filipino workers unfairly monopolized the foreign worker pool. As far as I am aware, these countries have large populations and a lot of Science and Engineering graduates happen to be from these countries.

The country cap makes sense in family based immigration system when extended beyond the immediate family members. IV is not for FB GC issues.

Again, employment in the US is based on skill not country of birth. The foreign workers are here because they are needed, and US will benefit by keeping these skilled workers long term. What IV is doing benefits all employment based GC.



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