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Wednesday, June 29, 2011

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  • mallu
    02-16 05:09 PM
    ....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. ...
    I sent an email to Attorney Greg ( http://www.visalaw.com/gsiskind.html ), may be he knows something about it.





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  • Green.Tech
    05-29 11:35 AM
    Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.

    Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.

    I agree with you sledge_hammer. We have to do something about this. The easiest and most convenient thing that we can all start with is to support IV; how can IV fight for us with mere $3,200 a month? Folks, please wake up and smell the coffee; please contribute for your own cause.





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  • gc_chahiye
    06-27 10:46 PM
    Sorry my number was wrong...

    Its not 80,000 , it is 129,973.. That is also as of March 2007..

    look at link http://www.shusterman.com/pdf/permstats407.pdf

    8000 Indians (almost the complete 7% ANNUAL limit for I485) were PERM certified in the first quarter of fiscal 2007 (oct-dec 2006) itself! No wonder we have big backlogs for India...

    An older stat, for the first year of PERM (march-05 to march-06):
    http://www.murthy.com/news/n_relper.html
    shows that 80K cases were filed, and of these 36K certified. Assuming of the 23K rejections 14K were appealed and then got through, that means only 50K PERM approvals in the whole year. As dates retrogress in the future, and slowly start moving again, they should hopefuly cross this march-2005 to march-2006 timeframe fairly fast... Some of these I140s would have gotten denied, some of these cases possibly abandoned (no substitution also now!), and some I485s would get caught in namechecks and what not..





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  • syzygy
    02-12 10:31 PM
    This is only way to set things in order. Number of people stuck in retrogression today due to USCIS misdeeds is much larger than few years back when Rajiv Khanna lost the lawsuit. And old results shouldn't hold fresh efforts.



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  • unitednations
    02-13 02:41 PM
    Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.

    For example, here is March 1999 VB

    All Charge-
    ability Areas CHINA-
    Except Those mainland
    Listed born INDIA MEXICO PHILIPPINES
    Employment-
    Based

    1st C 22JAN98 C C C

    2nd C 08SEP96 08SEP97 C C

    3rd C 01JAN95 08FEB96 C C



    As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.

    After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.

    Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.

    Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.


    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.





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  • gc_lover
    06-27 03:54 PM
    So with Oct 07...new year starts for the Visa gain...so will the dates starting moving forward by Nov07

    Dates are already current. How much forward you want these dates to move. I don't think it will go in future :)



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  • hopefulgc
    05-29 09:25 AM
    Seems like Mr. charles is full of shit. He is sounding "informed" but i don't think they know what the real numbers are....YET. It showed inadvertently, when he said "based on the Eb3 demand for the rest of the year". Hello.. EB3 is unavailable.

    I mean what do you expect him to do when you corner him and start asking him questions. He is gonna have to throw numbers out there to make himself look informed and intelligent and on top of his game.

    The sad part is he is going to now set the VBs as he stated here to validate his erroneous statements.


    1. Employment-Based Visa Number Movement and Predictions





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  • vbkris77
    09-15 04:24 PM
    with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.

    While we must pursue the overall reforms,

    i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.

    What are the chances of such a relief being provided?
    Will a mail campaign work?..plz raise your hand if you are interested..;)

    Most lawyers think that it needs a law change. So if we are going to work with lawmakers, why not aim high and get recapture?? So in a nutshell, we will need to wait for CIR.



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  • indyanguy
    07-03 10:43 AM
    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
    2. Can I file for a new EB2 PERM at that time and get an extension based on that (H1 6 year ending term < 365 days at that time)?
    3. As a backup, can I apply for EB2 PERM NOW for a different position from the same company? How will it affect my pending EB3-140?

    Thanks in advance





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  • vin13
    09-15 12:52 PM
    For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works

    I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.

    But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.

    We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.



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  • sachug22
    09-15 06:19 PM
    Cutoff for China will never advance India dates for spill overs.

    Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.





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  • WFGC2006
    04-04 02:06 PM
    What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?

    Anyone who know abt this, please respond.

    The current rule is that: in order to maintain your PR, you have to be physically in Canada for two years in any 5 year period (to apply citizenship, 3 years consecutively). So technically you are still fine if you are on your 3rd year working in the U.S. after landing date (which is the date you enter into the border using the immigration visa granted).

    If you have the maple card in hand, there is absolutely nothing to worry about. However, if you are like me who got out of CA and came back to the US after landing without securing the card, there are still ways. The maple card is only needed for re-entry if you take a commercial flight or a commercial bus. However, if you drive your own vehicles and cross the border, then you only need your landing document ("the white paper"). Another option is to apply so-called "Travel Document" through CA consulate in the U.S. But be prepared that the official will grill you for your intention because he/she knows that 1) you are exploring the loophole of CA immigration law and use your PR status as the fall-back plan for your dashed American dream; 2) it's their duty to deny your visa if they determine that you will not be able to fulfill the residency requirement ("2 out of 5 year" rule) ONCE YOU ENTER CA (this is some rule open to abuse as basically the official determines what you WILL do in the future).



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  • hiralal
    06-11 10:34 PM
    your views are correct and analysis looks o.k. too the problem is even the genuine ones get flushed away ..survival of the fittest is not working now at all !!! say a person from worldwide comes in eb3 and say he is just a car mechanic (I know few from south korea who are in this situation) ..they get GC faster than Indian / Chinese EB2 / EB3 applicant (with 10 years experience and good bank balance)
    and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
    let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships





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  • paskal
    02-13 05:45 PM
    friends,

    you have 29 people in favor.
    great! each one needs to put their time and money where their mouths (mouses) are.

    i suggest: take up a collection, then go get top notch legal opinion.
    until you do this, no point going forward, this is going to be a very
    important step.

    c'mon folks step up...get a collection plate out and open your pockets.



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  • eastindia
    07-21 02:30 PM
    If a person is making lot of money through this e-commerce business why is he shopping in cheap Walmart? Why do they drive cheap cars? Beats me.





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  • angelfire76
    01-14 03:38 PM
    I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?

    cinqsit

    Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.



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  • Ramba
    03-31 06:02 PM
    A person who assists in the murder of people whom he has taken an oath to protect, cannot be really thinking about the country or for its development. By saying that HE is responsible for the development is clearly under estimating the capabilities of the gujrati people. The gujratis and rajasthanis are leaders in creating wealth and they did that for thousands of years successfully with world's envy before this ugly Indian came into picture. With your logic fodder eating Lalu is the smartest politician ever born....remember his $20Billion revenue he is bringing in from railways....never heard of from any sector...leave alone the ever losing railways...the only thing lalu can be given credit for is...not stopping the elite civil services managing directors and the academia (IIM, ISB) from doing their work...which they have been trying to for several decades....so I dont think the theory is right that one person (call him black spot of India) had done something....when each individual in the state is born with the blood which carries enterpreneurship.....kudos to all gujaratis....

    Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.





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  • thakurrajiv
    06-27 07:42 AM
    I don't know how much to trust these sources. I am very nervous though.
    I understand that the visa number is reduced once 485 is approved. But rememeber that in 2005 dates were current and thousands of applications got filed.Most of the applications were pre-adjusted and just need number to be assigned.So in July, there is possibility that many applications can get approved and they can get approved fast !!
    I am in the same boat as everyone else. Just wanted to share my worries.





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  • panini
    05-11 05:32 PM
    Hmmm... Not sure what you mean about my opinion and mindset. I was only responding to your "accusation" of SL government destroying "competitiveness" by providing some facts openly known to almost all Sri Lankans but not in the outside world. Those facts also give you an insight in to the root cause of the problem. You are free to form any opinions about me. Just remember that there are two sides to each story. Look at both sides before you make a judgement.

    As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.

    Panini, This is the kind of opinion and mindset is causing the problem. Your reply tells more than the report i provided. I want to see singalese and tamils living peacefully and with equal rights in SL.

    I pray god everyday for that only. Every human being is same, Getting discriminated and discriminating people is so stone age mindset.





    sumagiri
    07-23 02:23 PM
    I did some analysis on numbers used at thread
    http://immigrationvoice.org/forum/showthread.php?t=20098
    (post 1 and 60)

    Used visa number is 120-130K (until July end including CP allocation for the year). If we assume there are 171k visa for this year (vldrao analysis) we are close to 40K visa pending.

    Again no one has enough data to predict accurately the numbers, but it should be between 15-45K for Aug/Sept. Since EB1 and EB2-ROW was current most of the time, i would guess a large portion of this number should rollover to EB2 India/China.

    There is an excellent analysis. Great job !. However , there is a little contradiction in the analysis. There are 171,000 visas (as said in the post) because there is a spill over from FB to EB. This spill over should also go to EB3. In that case EB3 should open up for its 28.6% share. If that happens, again there will be lot of recalculations. Got my point !.

    Any way, one thing that we all agree is that EB2 got excellent share this year and has very good chance to become current soon. Being in EB2, that is a good for you & me.





    tikka
    07-03 11:35 PM
    Tikka,

    Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?
    Thanks

    Ams

    the more we digg the more popular a story gets and will receive media attention... we already have stories on
    ny times
    forbes
    see media thread for more info....

    Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.



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