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  • webm
    03-17 04:56 PM
    Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

    Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

    So legal pattern for spillover is as under.
    --------------------------------------

    EB1 -> EB2
    EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
    larger demand.)
    EB4->EB1

    Note: Nothing goes from EB3 to any category and practical reality is that
    nothing extra comes to EB3 as EB2 is always hungry:)

    In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

    USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.


    well said dude!!!





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  • .soulty
    02-15 09:21 PM
    nice wip screens there guys, looking good :thumb:

    thirdworldman thats looking amazing, you going to have that perspective view as your final frame or you going to check for another shot when you finished rendering?

    great stuff.. ;)





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  • NH123
    05-15 11:15 AM
    That's bull. Online at top-rated university costs as much as full-time but definitely not more. Most of the top-notch universities don't even differentiate in-state and out-of-state. M.B.A is a money printing machine for them. Assistantships, in full-time schools, are very few and scarce and competition for them is pretty high. I have friends going to Darden School of Business as full-time students and they are paying close to $70k in fee alone. Add to this the cost of living, books etc. Times are pretty bad now and few of them couldnot even get internships for this summer and few who got had had their offers rescinded. For full-time school you have to consider something called "Opportunity Cost". There was a article in Businessweek which mentioned that a Harvard full-time M.B.A will take 15 years to break-even on his M.B.A investment. The reason for this is that he will be spending $80k on fee alone, another $20-30k for living expenses for 2 years, another 10-20k in books and other expenses. At the same time he would have lost on a average $160-200k in 2 year salary and benefits. Combines together it adds upto $300k which can be invested at average 6% interest, if you are a savvy investor, and get good returns. Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.


    Now why do you think that a Harvard Graduate will stay with $120K salary for 15 years .Don't you think that in 15 years he will make much more compare to the average job?I know couple of my friends from MIT sloan are making $200K just after 3 years of graduation.





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  • singhsa3
    02-22 09:18 AM
    In ancient times there used be gods for every potentially powerful / Harmful things that people were afraid of . For example:
    God of Fire : Hephasistos for greeks, Agnidev for Hindus, Vulcan for Romans
    Godess of Wisdom : Athena for greeks, Sarswati for Hindus, Minerva for Romans
    King of gods : Zeus for greeks , Indra for Hindus, Jupiter for Romans
    etc etc...
    So in the modern times we have the following gods, and we are afraid making them unhappy
    God of Visa Bulletien : DOS
    God of Visa issuance : INS
    King of gods : The Lawmakers.

    Then there are priests , who claim to have direct connections with these Gods. :D
    I agree with you.
    This guy googler just wants 5 minutes of fame and attention. By talking about such sensitive information on the forum, he is risking anything good that can happen for us in future. DOS can get unhappy with this official for discussing such information. I can understand the motives of lawyers for announcing on their website. They want publicity and business for themselves by showing off their connections.



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  • LegalIndianInUSA
    08-02 11:43 PM
    Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
    "Although these are our policies, these might change at any time, with or without written notice".
    End of story to all 'You promised me gold in your agreement' arguments.


    There was no fine print on the appointment letter. There wasn't even fuzzy wording (like "we may" or "in most circumstances" etc).
    Although I'm clearly educated about how the system works now, back then, at age 24, I wasn't. I was foolish enough to trust and believe that they would keep their word; they are after all, big multinational companies.
    I don't want other young Indian/foreign immigrants to fall into the same predicament.
    The sooner they realize that Human Resources is the most inhuman department in a company, the better.


    Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
    Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.


    In large companies, the Legal department doesnt exist solely for GCs and Immigration related matters. The cost of immigration is barely a drop in the overall cost of maintaining such a department, and hence your logic is wrong.


    It is an unfortunate truth we all need to get accustomed to live with.

    No, we dont need to get accustomed to being lied to, or being treated as skilled slaves.
    If you side with the law and say that the companies are not obligated to process GCs, then they should not be offering the same. Also, the law as it currently stands, is unjust and I'd much sooner see the law be changed to something like "if you've worked here for 6 years, paid taxes etc, then you can apply for a GC yourself based on just that"


    I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here.

    lol. Firstly, there is no such thing as a "free market". Wake up already.
    Secondly, the US is more socialist than India is.
    Thirdly, A GC is not a freebie/extra perk. A GC is a good-faith agreement between the company, the future employee and the governing body(USCIS), and companies should understand the ethical meaning of "good faith".


    If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
    Yea sure, I'd like to see all the high skilled kings that have been made by companies.
    It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
    At the end of the day, you are just another desk jockey.





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  • abd
    09-14 05:00 PM
    Looks like contacting senator/congressman is pissing off the IOs and they are issuing the RFEs. I wish now that I did not do either of these. But unfortunately I did so I guess I need to bear the consequences. So I should just expect RFE now. I know quiet a few people who wrote to Senators and got RFEs. I guess people in Jul/Aug really overwhelmed the TSC with Senator calls and now we have to face their wrath.

    I didn't do anything. I was patiently waiting for my turn. It seems they picked my case for approval and sent RFE because of I-129 revoke which is standard process.



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  • lazycis
    01-19 07:35 AM
    Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?

    That was exactly my thought! I think people who say it's illegal to make a copy and provide it for other than personal use should give us a reference to the applicable law, I am not aware of the specific law regarding this. If anybody could point out the source of information, that would be great.

    BTW, here is the quote from the Department of State website
    http://travel.state.gov/travel/tips/emergencies/emergencies_1197.html
    "If you can provide the U.S. embassy or consulate with a photocopy of your passport identification page, that will make getting a new passport easier since your citizenship and identity information would be more readily available."





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  • singhsa3
    03-03 12:40 PM
    MSG TO THE NEWS MEDIA
    Please note that this site is visited by approximately 400-500 regular visitors daily. Though the sample size is here small but the idea is compelling and the potential is very real
    Some of the statistics can be found at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf


    Green card process overview:
    Stage 1: Labor Certification (or the PERM process) => Government scrutinize that qualified citizens are not available to perfom the "highly skilled" job.
    Stage 2: I-140 stage=> Government scrutnize that the person for which immigrant visa is sought is elligible and the company has ability to pay his salary
    Stage 3 : I-485 or Adjustment of status : Now the immigrant waits for the visa number to be available and adjust his status to that of a permanent resident.

    Most of us are in stage 3.


    We are stuck in stage 3 waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
    Getting a mortgage is a lot easier if our immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage/Finance companies dont accept that.

    Futher reading on our proposal to the government: http://immigrationvoice.org/forum/showthread.php?t=16506

    .

    MSG TO THE POLL PARTICIPANTS
    Objective of this poll:
    a) To assess if the idea has any strength
    b) Invite media attention to the issue
    c) Develop a task force to float this idea around.

    Folks, even if 10% of us ended up buying a house, that is 100,000 more buyers in the market.
    Some of us had their mortgage application rejected on the grounds that EAD is valid for only one year, even though their credit history, down payment, income stability are upto the mark.



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  • kutra
    03-03 06:36 PM
    Folks,
    Please help me in refining the message: I plan to send to some major media.
    *****************************
    Dear Sir/Madam,

    We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
    Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
    � Average age: 30-35 years
    � Average years of stay in the USA (all legally): 7 years
    � Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
    � Average Salary: $75K+
    � Average net worth: 100K-400K (mostly liquid)
    � Average occupations: Information technology, Doctors and Financial Analysts
    � Average education level: At least undergraduate
    � Average credit history: Excellent

    As mentioned earlier, we are in the final stage of our green card process and there are very few rejections (<1%) at this stage. It means that we would eventually get our green cards but it may take several years. Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.

    Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.

    We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated.

    We conducted a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660

    Yours truly,
    XYZ

    Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.

    Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.





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  • swissgear
    09-14 02:46 PM
    Well, I have not received RFE mail yet. I have changed my employer because our division was sold to Canadian firm and they moved everything to Montreal.

    After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.

    I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.

    I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.

    As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!



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  • nagesh75
    10-12 09:15 PM
    EB3 - Feb 2004
    485,EAD,AP : RD July3107 at NSC
    485,EAD,AP : ND Oct0307 at CSC
    EAD,AP approved : Oct10 at CSC





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  • bharol
    07-28 01:16 PM
    can the person who started the thread tell me how is this issue related to Green card backlog or any other immigration related issue?
    :mad:



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  • varshadas
    01-30 02:51 PM
    After we come up with the final flyer with images and stuff, we should get it reviewed by IV to make sure that we don't have conflicting statements. We have to get color printouts. We can get them at Kinko's.

    Who is good with PPT? Someone can work on the images? Do we want to use IV's existing images or make some new ones?

    Thanks,
    Varsha





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  • tikka
    07-04 08:32 AM
    Veerug,
    I understand your concern. But $5000 was just number put by me as target.. I am sure we need more then that.. I feel if we put some target then people contribute and try to achieve it. But core member never said we just need $5000. So please don't stick with that number.. That number was just target that I thought we could meet. If you ask core members they going to say that we need more then that. As you know everything needs money.. Core is putting their time and mmoney and doing this all for everybody.. At least we can do is act on their action items.

    Hope this makes little sense.
    Thanks.


    Based on the volume of folks logged in funding team sets a target.. to be reached.
    Veerug if you have not can you please DIGG!!

    if you have many thanks :)



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  • brb2
    09-26 04:13 PM
    Don't grind it in. She can screw everyone next time. It is childish to be spamming her when she had alread said she was going to change the article. Any sympathy she might have had would go away by asking her to apologize. She screwed up, corrected it, time to thank her and move on! No point in burning bridges.

    She changed the article, but shouldn't we ask her to apologize for misinforming people???





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  • nc14
    10-19 11:03 AM
    Sent mine on Saturday.

    Keep this going folks we need to help ourselves.



    http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf

    11.
    Question: We have a number of date availability questions. They are:
    a.
    What is the demographic makeup of those in the current backlog? Can we get data on their nationality?
    Response: No, demographic data is not currently available and would require a special Information Technology Service Request (ITSR) be drafted and submitted to the Office of Information Technology www.uscis.gov
    (OIT). The administrative burden on USCIS to pursue an ITSR solution and add an additional workload on the O&M contractor cannot be justified given the level of effort involved.



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  • bindas74
    02-21 12:29 PM
    if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!

    Hi,

    Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??

    -THanks





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  • gauravster
    11-11 12:02 PM
    The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).

    That way we do not get pushed around.

    Good work.

    Gaurav





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  • chanduv23
    11-22 10:47 PM
    [QUOTE=ImmiLosers]Document URL
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

    PAGE 27
    (1) Determining the Priority Date.
    unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

    This is clear. Unless the 140 was found to be fradulant or misrtepresentation, the PD is transferable. Am I not right ????





    pitha
    07-13 09:03 PM
    I dont know her intentions but she is helping our cause. If you want to vent your anger, there is USCIS and DOS


    This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.





    El_Guapo
    11-13 10:25 AM
    The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.



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