Thursday, June 16, 2011

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  • IMGPAT
    05-05 08:33 PM
    Follow the url and refer Q.31, clearly answers your question.
    http://www.immigration.com/faq/lvisa.html#77.





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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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  • GCard_Dream
    12-13 01:18 PM
    I am sure this topic will come up again and again when new members join. We recently had quite a few (over a thousand) new members join IV and as the word gets around, there will be even more interest in IV and new members/non-members will visit the site and ask questions. I don't think we should expect everyone (new or old members) to know everything that was discussed in this forum from day one. That's not practical.

    Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.

    If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.

    We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.



    All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

    - IV has indepth explored and studied this option and have found that this change is not possible administratively.
    - we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
    - In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
    - Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
    - If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

    Hope this explains this topic. Thanks





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  • BlueSunD
    02-16 05:56 PM
    count me in too! :) Just started today, but i'll see if I post some wip screens.



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  • desi3933
    02-04 01:44 PM
    Recently got Laid off. Here are my details:

    -485 has been pending >180 days
    -PD: Feb 2006
    -Last day of work is 6th March, 2009
    -EAD valid for another 6 months or so.
    -I am working on H1-B, which is valid till 2010.

    I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.


    My comments are in blue ....


    My questions are:

    -Can one stay unemployed on EAD without jeopardizing the GC process?
    Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.

    -Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
    There is no such regulation at this time.

    -Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
    There is no such regulation at this time.

    I mean when do I have to inform USCIS if at all?
    In the event of RFE.

    Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
    Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.

    Contributions: $350 +
    Led various fund raising efforts for Tristate Area
    Was in the DC rally


    Priority Date: Feb 2006


    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • nixstor
    07-05 12:30 PM
    This site is belong to Non profit organization. I believe the main aim is to help members and share knowledge among each other. There are other ways to get funds to maintain the site. As one said that Yahoo, google , Sulecha etc providing free email service, driving direction etc.

    If you make it paid , this will not papoulous and many may share the thier knowledge and experience.

    It may be suggested to get adds in the site.

    Thanks

    What an epitome of hypocrisy? Non Profit org working towards GC alleviatoon and needs resources for lobbying. Yeah! The Blue skies are showering green on IV every day. How about us working for a Non profit org or EDU for free? They all serve noble causes. Dont they?



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  • mallu
    02-14 01:08 PM
    ...... But truly they don't want too many immigrants from one or two specific country. ...
    What about taking into account the current US population ( and calculating the per country counts and then decide which country needs more or less limit ? ) . In that case, i think many europian countries will be severely backlogged. :-)





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  • wait4ever
    09-26 10:16 AM
    Enough Said - correction required.



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  • ash123
    02-12 04:04 PM
    We have to wake-up before same continue while EAD/AP renewal





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  • dkjariwala
    04-08 11:32 PM
    Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]

    But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.



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  • GCneeded
    10-25 01:52 PM
    PD is Dec 2002 / EB3 India / I 140 Approved / 485 Pending





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  • mjdup
    01-17 03:49 PM
    $50/mo..
    ---------------------------------------------
    Subscription Payment Sent (ID #96M81233JP7721621)
    In reference to:S-54A18250GT703020K

    Original Transaction
    Date Type Status Details Amount
    Jan. 17, 2007 Payment To Immigration Voice Completed ... -$50.00 USD



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  • diptam
    07-14 11:20 AM
    Murthy sent the letter after LOGICLIFE declared that something GOOD is likely or on the way.... IV is doing the job and she is getting the fruit (money)by just publishing it. When the lawsuit issue came up she took U-turn saying its AILA's job...

    When i first came to US , i worked with a guy who used to Publish the results of my hardwork without even mentioning my name and get promotion. When i went to him for my promotion he said this year's promotion quota has exhausted .

    Anyway i left that company and those kind thiefs ( who steal credit for other work) long back but the distressing memory of exploitation hasn't left my mind.



    Murthy will never mention Immigrationvoice or our effort on her website.
    Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
    I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
    If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.





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  • i4u
    04-26 10:25 AM
    Hi,

    I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :

    1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
    2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
    3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
    4) How about if my current project completes before oct 1st and I have already applied for h1 ?

    Kindly help me for above questions, would appreciate your help.

    Thanks in advance.

    Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.

    Take advice from a lawyer for specific details. Check out the IV wikki pages
    L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)



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  • satdal
    01-17 03:59 PM
    Just signed up for $20 Recurring Monthly. The video presentation is simply fabulous. Great Job by Aman, as always !
    Here are the details of the subscription --- Subscription#S-5SV04028RR209515C.
    Subscription Payment Sent (ID #2DU65702LW627190T)





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  • nervous-wreck
    03-15 05:51 PM
    what i am saying is how and why is it that inspite of the PD having been current as I detailed in my original post for so long during 2000-2005 for EB 2 India, why are there applicants from way back in 2002 and 2003 still waiting?

    Honestly, I thought they should have been already processed and gotten their Green cards by now.

    All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.

    If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.

    BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?

    Thanks



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  • drirshad
    06-30 08:38 PM
    It has never happened in the history that they revised any visa bulletin, just hope for the best & pray .......





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  • ajthakur
    07-14 06:52 PM
    I dont remember any LUD on 140 after it was approved. I didnt pay attention to it. I just know now there is a LUD for 7/13/2008.
    7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?

    if there was a LUD, this is a high possibility that your previous employer revoked I-140.

    This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.





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  • chanduv23
    03-07 06:23 AM
    From what I understand, Rajiv and Sheela are highly experienced and know AC21 in detail. They have seen successful AC21 cases and thats the reason they are pretty confident.

    It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.

    A good way of invoking AC21 is
    (1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
    (2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.

    A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.





    desi3933
    01-30 03:04 PM
    So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?

    No. This is NOT what I said.

    Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





    eb3India
    06-12 06:58 AM
    so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue

    he does'nt even know we exist

    CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,

    we certainly don't need sweeping legislative chance to reduce retrogression



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