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  • Ramba
    08-21 12:46 PM
    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.

    This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
    5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-



    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.





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  • pmb76
    07-14 07:34 PM
    We should not let go of this.
    Being a congressman he should not misuse his first amendment to utter false statements.

    Dear congressman...i pity your lack of knowledge on H1B program and USCIS policies... We can help you understand better....Please do not make a fool out of your self.... I hope people do not look at you as a moron...and we wish you all the best in your political career.
    Ha..Ha :D - That is funny. He indeed should be sent an e-mail saying just that.





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  • tempy
    09-23 02:15 PM
    I had the same issue...
    Here is the short version of how it unfolded. I've seen some quick responses from USCIS.

    9/15/2010 - USCIS email indicating that cards mailed for both me and spouse
    9/16/2010 - Spouse received card
    9/21/2010 - Got email (LUD) that my card returned undelivered.
    9/22/2010 - Called customer service updated the address
    9/23/2010 - Got my card in mail (wrapped in an usps priority envelope) with tracking number

    I was pleasantly surprised with the fastness of USCIS.

    Thanks,


    Now my status changed to 'Initial Review' because post office returned my mail :confused: Within 12 hrs status changed from 'Card Production' (05.03 PM) to 'Initial Review' (06.33 AM).
    I had updated my new address 3 yrs before and was confirmed by infopass appointment.





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  • amitjoey
    07-11 12:32 PM
    http://www.thnt.com/apps/pbcs.dll/article?AID=/20070711/NEWS/707110343/1001



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  • 485_se_dukhi
    07-18 08:55 PM
    Here's the link to the transcripts of the "Tonight" show:

    http://transcripts.cnn.com/TRANSCRIPTS/ldt.html

    This can be used as a starting point for fact checking his claims and assertions, without having to sit through his shows..





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  • adusumilli
    09-24 11:48 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.

    How did you come up with dividing by 5 that is like 20% per country. isn't the cap 7% per country?



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  • chanduv23
    11-06 05:10 PM
    Sorry to hear that. Hope that will not effect your I-485 application processing.

    For me, I have not seen any status change to my 140. After a series of LUDs to both 485 and 140 at last today I see my 485 status has changed. It says RFE sent. Good that I have not received any NOID or Denial. This is the best case scenario that I was hoping for. I have yet to receive the RFE to see the actual cause. But hoping this is due to 140 withdrawal. I thank the IO who is working on my case as he/she is quite knowledgeable and issued a RFE not NOID or denial.

    So people please keep sending letters.

    Well this is what I understand - difference between RFE and NOID
    If it is an RFE - you can withdraw your 485 petition and apply for a new 485 petition (if you are current) and that is not possible in NOID. So if you are retrogressed - it is almost the same.

    Also remember that technically both are same - some IOs update status message to "Request sent ..." some do not. When I got to know something happened to my 140 and 485 I called customer service and they explained that "We have sent letter requesting information, so please do not panic" when I received the letter it was NOID.

    Good luck, atleast you got a good IO.

    Lets keep sending letters until we stop seeing denials and start seeing posts like this





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  • alisa
    06-21 03:10 PM
    In 2004, a friend moved within the same Multinational company (A) from one business (A1) to another (A2). The HR department did not apply for an H1 transfer assuming that one was not needed, and the friend worked for a few months before the business A2 was sold off, and the new company realized the mistake, and filed for her H1 transfer, which was approved. The new company then filed for her labor and got her I-140 approved.

    Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?

    I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?



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  • factoryman
    05-21 08:47 PM
    Be ready with the following supporting documents. My attorney asked the following:
    1. Personal Details -
    (Travel Plans in the next 3 months, Moving Plans in the next 6 months, Contact Information, Passport and I-94 info, Employment Hisotry - Last 5 years+ Last job ouside US, Residence History - Last 5 years + last residence outside US, LC, I-140, EAD and details, and a few other questions, etc)
    2. Passport copies- all pages, current, all old.
    3. All I-20, I-94, I-797, LC, I-140 copies
    4. Birth Certificates or Birth Affidavits
    5. Marriage Certificate or Marriage Affidavits -
    6. Sealed Medical Exam Cover - I-693
    7. 6 photos for adults ( 4 if under 14)
    8. Photocopy of current I-94
    9. Divorce Certificate (if applicable)

    Happy Filing.

    Friends,

    With the June visa bulletin, my priority date became current. My Labor and 140 already approved. When can I apply for I485? After May 31 or before May 31.


    Thanks for your help.

    RAJ





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  • immigrationvoice1
    10-18 02:49 PM
    Credit report check is not part of the name check.


    Thank you very much lazycis.



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  • mpadapa
    08-22 05:03 PM
    I think we are fighting the wrong fight. I do recognize the whole EB system is unfair and in particular to I/C/M/P.
    The letter campaign is a great initiative, but I am not sure if we are focusing on the right problem. By saying that the new "interpretation of the spillover" is cruel to EB3 I/C/M/P is plain wrong. Both old and new interpretations were unfair to EB3 I/C/M/P.

    Old interpretation resulted in good forward movement to EB3 ROW while EB2 crawls.
    New interpretation results in good forward movement to EB2 while EB3 crawls.

    How does EB3 ICMP benefit from both the interpretations?

    EB3 is clogged because of the 245i cases. Unless we focus on the exact problem no amount of letters to lawmakers will not yield any result.

    Writing letters to lawmakers is not going to provide any impact for this year Here is my reason it takes 3-5 weeks for the lawmakers to get the letters in DC because of special security screening requirements. By the time they receive the letters the Congress would pretty much be done with their term. The best option would be to meet with the lawmakers in their local office or in DC and appraise them of the long wait.

    Please do understand that one of the reason USCIS changed their interpretation is because many folks with Ph D's and MS from ICMP where waiting for years to get GC"s and USCIS/DOS looked stupid in explaining the reason for the long wait for such folks. Even in the "visa wastage" hearing in the House immigration committee (on Apr 30) the DOS/USCIS was having trouble explaining the long wait times. One of the witness in the hearing was a PhD from China and had been waiting for years for his GC.

    Come on folks. EB2 forward movement is good for EB3's, because EB2 will soon become current and the spillovers will be soon coming to EB3 after EB3 ROW is current. I am anticipating DOS will turn EB2 current in the second half of the year and this will ensure all the spillovers will flow into EB3's because EB2's with PD mid-2007 to now will not be able to clear the NC 180 day barrier. Cheer up folks and let us focus on the real problem getting more number of visa's through recapture.

    If you feel strongly about the cause you should meet with your lawmakers office and address the issue. Letter campaign in not going to yield any short term impact. Please take the time to meet with your lawmakers

    why are we giving so much importance to Ron. If he is so concerned about this issue why can't he take up this issue with AILA? He is a member of AILA.





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  • senthil1
    01-05 06:30 PM
    If waiting time for GC is reduced less than 5 years then this may not be needed except for persons those who are filed GC before 2004. The environment is so tough that they trashed non controversial recapture bill on 2008. So it has to be decided based on how the CIR will shape up this year.


    Do not think this to discourage or anything like that...

    Guys .. Pls stop dreaming.. you do not have any idea what you are talking about..

    Guys in this thread may be newcomers to the game..

    I was here since 1998... and cud not stop surprised to see the ideas in this thread..veeeeeeeeeeeeeeeeeeeeeerrrrrrrrrrrrrrrrryy yyyyyyyy farrrrrrrrrrrrrrrrr from reality.

    Better to wor for admin things like visa recapture, some admin things within INS w/o any legislative action.

    Do you guys have any idea that it needs legislative approval for things you are dreaming of...

    It means it shd win in 100 members senate and in 500+ members house.

    As Pappu suggested it is better to get more publicity, funds and then work for few admin things first(Gives a big relief) ...

    But guys, what you are thinking is far beyond the dream itself.

    I guess Pappu is the only guy active in Core now...
    However let us concentrate as Core suggested, as they know the realities/pains involved.

    Pappu, any core members active other than yourself, because i did not see a core member other than you fr more than a year...



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  • rajesh_kamisetty
    07-10 09:45 PM
    Oh website refers incorrect website address. I hope that's not a big deal.

    "This camapaign has been initiated and pushed ahead by the immigrationinvoice.com group. Salute to the members of this group for the job well done."

    Matthew Oh mentions Immigration Voice on his website and links to our site. He reports the response of Emilio Gonzalez to the flower campaign. Matthew writes "Salute to the members of this group for the job well done". :)

    http://www.immigration-law.com/





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  • tampacoolie
    06-29 08:50 PM
    Well said. Lets forget this USCIS and DOS nonsense and focus on our daily lives and some vodka !!!. Cheers



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  • vsukumar
    09-17 08:10 PM
    Got the CPO ordered email on 09/16/2010, updated to Post Decision Activity on 09/17/2010 for both primary and derivative.

    Got FP appointment scheduled in the first week of Sep, but gave it earlier ( last week of august)

    No SR, No Infopass.





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  • anilsal
    01-24 01:14 PM
    this is such an outrage!..is this true or made up..

    authentic the picture is....



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  • nousername
    03-29 04:53 PM
    My attorney originally applied for my labor (regular process) in late spring 2006 but due to another issue we decided to expedite (premium process) in early winter 2006. Question is, is early spring my PD or early winter of 2066? (Sorry don't have the exact dates in front of me).

    Thanks.





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  • gc_on_demand
    11-03 03:48 PM
    How much did you spend for getting this done ? And are you really happy with what this has resulted in to, now all those in computer information manager - lc will get in to trouble, more audits.

    Was this really needed?

    Which labor will DOL going to audit ? Pending , future or approved ?

    If approved and waiting to get approval for I 485 or filling I 485 then it will be big trouble.





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  • mpadapa
    08-22 05:03 PM
    I think we are fighting the wrong fight. I do recognize the whole EB system is unfair and in particular to I/C/M/P.
    The letter campaign is a great initiative, but I am not sure if we are focusing on the right problem. By saying that the new "interpretation of the spillover" is cruel to EB3 I/C/M/P is plain wrong. Both old and new interpretations were unfair to EB3 I/C/M/P.

    Old interpretation resulted in good forward movement to EB3 ROW while EB2 crawls.
    New interpretation results in good forward movement to EB2 while EB3 crawls.

    How does EB3 ICMP benefit from both the interpretations?

    EB3 is clogged because of the 245i cases. Unless we focus on the exact problem no amount of letters to lawmakers will not yield any result.

    Writing letters to lawmakers is not going to provide any impact for this year Here is my reason it takes 3-5 weeks for the lawmakers to get the letters in DC because of special security screening requirements. By the time they receive the letters the Congress would pretty much be done with their term. The best option would be to meet with the lawmakers in their local office or in DC and appraise them of the long wait.

    Please do understand that one of the reason USCIS changed their interpretation is because many folks with Ph D's and MS from ICMP where waiting for years to get GC"s and USCIS/DOS looked stupid in explaining the reason for the long wait for such folks. Even in the "visa wastage" hearing in the House immigration committee (on Apr 30) the DOS/USCIS was having trouble explaining the long wait times. One of the witness in the hearing was a PhD from China and had been waiting for years for his GC.

    Come on folks. EB2 forward movement is good for EB3's, because EB2 will soon become current and the spillovers will be soon coming to EB3 after EB3 ROW is current. I am anticipating DOS will turn EB2 current in the second half of the year and this will ensure all the spillovers will flow into EB3's because EB2's with PD mid-2007 to now will not be able to clear the NC 180 day barrier. Cheer up folks and let us focus on the real problem getting more number of visa's through recapture.

    If you feel strongly about the cause you should meet with your lawmakers office and address the issue. Letter campaign in not going to yield any short term impact. Please take the time to meet with your lawmakers

    why are we giving so much importance to Ron. If he is so concerned about this issue why can't he take up this issue with AILA? He is a member of AILA.





    sledge_hammer
    11-20 03:27 PM
    Worst advice I have seen so far. It is morons w/ no scruples like you that have brought us into the mess we are in...

    Shame on you!

    Do things in this order -

    1. Find a job first.
    2. Secure a good apartment at new job's location.
    3. If you need a better car buy one right now.
    4. Get some credit cards.
    5. Let your home go to foreclosure.

    It is a financial decision. Every once in a while, most of us go to different stores and ask them to match the price for the item that we had purchased earlier. If they do not match the price then we return that item. Don't we? Do not get sentimental. Just walk off! Your credit history would get screwed but if you plan it the way I said above, you will be fine. Good luck.

    And it won't affect your GC.





    jags_e
    07-09 08:26 PM
    I think this is an opening and the outcome will depend on how we respond to it.

    We are in the middle of a fight to get recognised of our problems and for sure the director responded to our non-violent protest.

    What we do next will count.

    Should we lay down our arms a surrender now? This will be a sign of weakness. Lets fight on.


    Why is everybody so happy? He has just briefly and curtly informed in the message that flowers will be forwarded. They won't be sitting on my desk and embarrasing me. There is no acknowledgement of the issue or any empathy or compassion with the sufferers. Now even the press coverage will make USCIS director look good. I don't see what's the positive development here.



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