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  • gc_nebraska
    08-12 12:48 PM
    Congrats ! All who got greeened today and also good to PD DEC'05 approvals ...............





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  • rajsenthil
    09-24 01:09 PM
    This maths makes good sense. Thanks for your time for preparing this and posting it.

    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.





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  • ssa
    08-22 11:51 AM
    Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?

    But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?

    http://immigration-information.com/forums/blog.php?b=13

    The second paragraph from the link says that the new spill-over policy is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.





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  • bayarea07
    09-12 06:43 PM
    I agree that we have many silent well wishers and this is our last chance though we have oppositions by Number USA and Programmers guidl but colletively we are more strong then them
    Who in America cares to go on their site and send a fax or call senators, only the ones who are suffering like us cares to do that

    let's keep trying....last ball main sixer lag sakta hai ;)

    we have US (IV), competeUSA and many silent well wishers

    So, DO NOT LOSE HOPE....:)

    lets keep our focus on doing the right thing - call lawmakers



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  • americandesi
    03-24 05:50 PM
    I've seen many job ads asking for US citizens or GC holders only. That implies that EAD and H1B holders cannot apply. And at the same time at the end of the ad, u can see a text that says "xxx is an equal opportunity employer". Though both the statements are contradictory, companies post such ads. Not sure though if companies are allowed to have such policies. If so, why?

    Pls refer the link from DOJ posted above. It clearly states that "US citizen and "green-card" (i.e., permanent resident) only policies are generally prohibited, unless required by law, regulation, or government contract"





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  • Goldfish



  • guest_mister_08
    08-17 03:17 PM
    I have received Courtesy copy of I485 Approval notice, and law firm received the Original I485 Approval Notice.

    Is there any use for Original I485 Approval Notice or just Green Card is Enough?



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  • deepakjain
    10-20 12:18 PM
    Vow!!!..u got ur GC within 5 yrs of landing in US..congratulations. That was the fastest GC i ever heard.

    I know many who have got GC within 1 year of landing in US, same skill sets but are "Program Managers" in Indian IT firms or are with MNC's based out in Hyd, Blore who are site under H1B for projects but filed their GC's under EB1. I know 11 guys now, 4 more have got since I last updated IV with this bogus GC filing under EB1 category.....almost all are either "Working" as developers or Analyst but have special designation and skill sets 'SPECIFIED while filing GC....





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  • EB2DEC152005
    08-19 08:40 AM
    :D

    APPAS123: THANK YOU FOR YOUR SUGGESSTIONS, WE REALLY APPRICIATED.

    I DO NOT KNOW WHAT WORKED OUT.

    LAST MONTH I OPNED SR FOR ME AND MY WIFE.
    THIS MONTH SEND EMAIL TO OMBUDSMAN.
    SEND EMAIL TO NSCFOLLOWUP.
    TWICE WENT TO INFOPASS.
    CALLED SEVERAL TIMES CUSTOMER SERVICE.

    PRIORITY DATE: DEC 15 2005
    SERVICE CENTER: NSC
    CATEGORY: EB2

    JUST NOW GOT Card/ Document Production EMAILS.



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  • a_yaja
    03-24 02:12 PM
    Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.

    First of all, they cannot ask you for you work authorization during the interview process. Second, even during hiring time, they can only ask you if you need sponsorship for H1 or not. If at this point you say no, then they have no business asking you for what kind of work authorization you have (unless the job specifically asks for US citizen or security clearence).

    You should be able to forward the email to the local dept. of labor and also the Attorney General's office. What I don't understand is how TCS is in the picture. Is this a contract job that CapitalOne has outsourced to TCS? If it is, then they still cannot deny you a job because you have EAD. That is clearly discriminatory. All you have to do is show the I-9 form.

    If I were you, I would forward the email to the State Attorney General's office and also to the local DOJ.





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  • akela_topchi
    08-07 01:55 PM
    All this verbal fight from SunnySurya and Rolling_Flood reminded me of a similar situation:

    http://www.youtube.com/watch?v=SSzQv59vPZQ&NR=1


    All talking .. no action...



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  • vinayak2008
    12-30 12:08 PM
    My visa was approved on dec 18th.Not received passports as of Dec 31st.





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  • shailesh2006
    06-27 10:56 PM
    Can anybody guide me what will be the eligibility code for H4 dependent in EAD form

    shailesh



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  • rameshk
    03-31 11:13 PM
    Hi,

    I have donated $100 for the advocacy day. But I still cannot access the donar forum. How to request this access?

    Thanks,
    Ramesh

    Important information is available on this in the Donor Forum. VBKris77 have compiled the information from the previous analysis and the latest information released by Dept. of State and IV's recommendation.

    But I am not allowed to post the information here...:D





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  • grupak
    08-21 12:32 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.

    Suppose Eb1ROW--> EB2 ROW --> EB3 ROW like you say , and EB3 ROW becomes current. Now what?

    Wouldn't the unused EB3 ROW go to EB1 -C/I --> EB2 -C/I--> EB3 -C/I instead of directly EB3 ROW --> EB3 -C/I?

    I think EB2 C/I is the bottleneck.

    No matter what you do, pushing for the recapture bill and removing country ceiling is going to help EB immigrants overall.



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  • rahulpaper
    06-29 08:57 PM
    I don't intent to sound rude, but why would this make your life "Suck", "no social life" , "no carreer life", "no nothing life".

    Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwords (heard its nice).

    If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...

    just curious...





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  • Honda
    09-23 11:47 PM
    No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(

    Exactly you are right. Right now they are concentrating on EB2 only. Once the EB2 becomes Current all the visas are rollover to EB3.



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  • bazuka6
    08-09 10:58 PM
    Amazed at the level of speculation, inspite of the detailed Procedures released by Rajiv Khanna ( and re posted by IV) .

    I am one without an EVL, sent after new memo took effect , that has been recipted and finger printed.

    So please read the 485 USCIS procedure again, and do not worry about sending endless 485s just because of lack of initial evidence




    I doubt that. Medical was relaxed since it can take time for people to get the medicals done. Also immigration doctors were all busy at this time. So it is possible that people arent able to get the meds done by the Aug 17 deadline. The other documents like EVL shouldnt take this long. If the employer is willing to provide future employment to someone then it should be sent along with the application. Whether USCIS will relax for lack of Initial Evidence other than Medical is hard to say. It is always better to be safe than sorry.





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  • SunnySurya
    08-07 02:17 PM
    Of course you can do leagally, the GC is for the fututre job. We were able to do away with labor sub and we can do the same here.
    Though, it is unfair one can not do legally, as long as USCIS recoconoze the the job offered at desi consulting companies are genuine and real "fulltime permanant job". They may be gaming the system..it is their model of bussiness to make money..and it is well supported by lawyers, lobbyists and ofcourse benefit seeking employees. You cant break this strong wall before the uscis. You should have witnessed how much resistance they created when DOL/USCIS abolished labor subsitution. In nut shell, if you close one loophole, they will find another. You are in wrong forum..





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  • gvenkat
    09-23 08:01 PM
    we have a total of 48,000 eb-2 and 68,000 EB-3 i would think this number includes the Spouses,children etc. so all it needs is 120,000 visa numbers am i right? SO based on that what are the hopes for EB3-I in the next year or so





    vicks_don
    05-24 12:01 PM
    Getting affidavits that you do not have a birth certificate is the easiest way then using the current one.





    cse_us
    03-25 03:50 PM
    Kaiser started this new rule to not hire folks on EADs as of last week.
    I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.



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