Wednesday, June 29, 2011

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  • santa123
    07-25 06:13 PM
    Dear Attorney,
    I am about to file my I140.
    I am in the US on L1B with company A and my GC is for future employment with Company B.
    The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.

    In this case what is my best option, AOS or CP?
    Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?

    Looking forward to your guidance. Thanks a ton!!





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  • sunny1000
    02-15 02:37 AM
    I asked this question on another thread...

    Can an Executive order of the President of the U.S help recapture the unused visa numbers until the congress acts?

    Gurus, weigh in.





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  • andy007
    07-03 10:18 PM
    Hi Guys,

    Can you please post Media Links on this issue .. (CNN, ... etc) Thanks





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  • Jerrome
    09-24 09:53 AM
    I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,

    EB1 Overflow ---> EB2
    EB2 Overflow ---> EB2(I)+EB China

    That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.

    As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
    Best case scenario considering more than 30K spill over it would be end of 2006.

    You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    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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  • WeShallOvercome
    07-11 06:17 PM
    Guys.. can one of you please suggest a good Canadian PR processing company? I keep getting mails from cr@protechimmigration.com. Is Protech good?

    Would really appreciate a reply.

    DO NOT go through any of these agencies. they just put additional delays in your PR processing. I got my Canadian PR in 14 months without any professional help.

    On an average, they will charge $3000 and cause an additional delay of 3-6 months in your case

    And they are not 'PR Processing' companies. They just forward your application to the CIC.





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  • samay
    08-03 07:24 PM
    My I 485 is pending(July '07 filer.) When applying to a university, how should I indicate my status? There are not many options to choose from: permanent resident, resident alien, international student, or other visa type.

    Thanks!

    You can chose the option of other visa type and state your status as I-485 pending or parolee.



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  • cinqsit
    01-13 08:28 PM
    I think this is a good development.

    Its good for consultants as they will now get a chance to be employee of primary vendor - no more "layers" and "layers" of consulting companies taking cut out of their share.

    Certainly a doomsday for these small consulting companies which in my opinion had no business taking cut (literally for doing nothing - many times just sending out monthly invoices) out the consultants pay anyway





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  • snathan
    03-29 10:28 PM
    (Though I would also like to see this forum used only for immigration matters..)
    Thought of adding in few more points..

    So what kind of visionary are you looking for.If we make the current govt's performance as a basis then is it someone like this:

    One who questions existence of Rama , makes a success of Sethu samudram project pulling down Ram Sethu thus hitting the sentiments of the Hindus in the Hindu dominated land.
    One who arrests Sankaracharya (both semior/junior acharyas)based on suspected conspiracy angle on Deepavali eve and holds him in Jail for 60 days , bringing interruption to the Chandramauleswar puja that has been consistently conducted in the Mutt for 2,500 years (it's another thing nothing was proved for almost 5 years now)
    One who abuses Sadhvi Pragnya Thakur with evil intent to bring up something called Hindu terrorism,conduct 4 (not 1/2) narco tests apart from other unmentionable things.
    One who overlooks the murder of Swami Laxmanananda Saraswati.
    one who set's up conversion camps in Tirumala.
    All of them state sponsored.

    (On a side note:If Hindus' protest against these acts call them communal, it they don't call them spineless.
    It's like Hindus in Hindu dominated land are damned if they do ,damned if they don't)
    Well of course none of the Hindu's did anything when all these things were going on.It's another thing that they don't get any credit for their communal harmony kind of nature. Some how the de facto image has to be demonic Hindus who are in majority in India discriminate and hate minorities.)

    Mumbai terror attacks, Controversial nuke deal, bomb blasts in 5/6 other cities.

    All other candidates in the above poll will surely give some what better performance than this if made PM.

    For those who don't know and who are backing Manmohan Singh he never contested any elecetion so far and he is also not fighting these elections.He is taking Rjay Sabha route again. Don't know at what gun point Sonia Gandhi is holding him but this guy actually wants to retire after having had so many major surgeries all his , one more recently.
    Buzz is also that if UPA wins Manmhona singh will be made PM and after some time will be replaced with Rahul Gandhi.So it's all hog wash.


    I am looking for a visionary who can bring Indians out of poverty, who can give good education, security, health care and good infrastructure. Who can save us from the unstable countries and aggressive China. I am not bothering whether Sankaracharya is in jail or not. How its going to affect a common man who is begging even for basic amenities.



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  • pappu
    07-02 06:08 PM
    Immigration Voice is compiling experiences from members on the 02/07 Visa Bulletin incident. Please see the posts below.

    We encourage members to share their experiences with us. Please look at the posts below for focus and talking points, and post your stories on IV at
    http://immigrationvoice.org/forum/showthread.php?p=99550#post99550
    with details on:
    a) Your current Green Card Status
    b) If you have yet sent in your I-485 application
    c) Your contact details along with Name and handle on IV. IV is mindful of your privacy and will share this information externally only with prior consent. No anonymous write-ups, please
    d) IMPORTANT: We want to keep our focus in our stories only on the following issues:
    - Impact of 07/02 on your application (Quality of life issues, time and money expended, inconvenience experienced, et al)
    - Request USCIS /DOS to consider accepting 485s filed
    - Please refrain from mentioning AILA or even questioning the mechanics of USCIS in the past few days
    - Please refrain from using strong negative accusatory adjectives while refering to any federal or state agency

    Some of our key members will guide you through the process.

    WHAT'S BEEN DONE ALREADY
    Stories that have been accepted for publishing are listed on our blog at immigrationvoice.blogspot.com

    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
    The above story ranked the highest (over 3500 views) in the last 7 days on prlog.

    An additional story was also released yesterday:
    http://www.prlog.org/10022854-american-dream-suspended-on-the-eve-of-july-fourth-for-several-thousand-legal-green-card-aspirants.html

    WHAT YOU CAN DO
    a) Distribute the above stories (Other blogs, contacts)
    b) Submit more write-ups





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  • breddy2000
    09-04 12:45 PM
    so now you are a free loader and got a reason for that. Nice try. Try something else..it didnt work out. :cool:

    No point in agruing with fools like you.....



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  • dreamworld
    05-03 01:36 AM
    :D:D:D

    This reminds me a hilarious movie Burn After Reading!
    I am almost rolling on the floor here...

    Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D

    There is a real truth and history. thats why the whole world is crying for Ceasefire and Diplomacy!!!

    http://news.bbc.co.uk/2/hi/south_asia/8022190.stm
    Extract from the news
    ----------------------------
    Ceasefire pressure
    Mr Bildt told the BBC: "They have said I am not welcome at this particular period of time - they were saying that they can't handle too many people.
    "There must be some sort of reason but it has to be a rather odd one."
    Mr Bildt said he was recalling the Swedish ambassador in Sri Lanka for consultation, adding that Sri Lanka did "not seem to be too interested" in its relationship with Sweden at the moment.
    ----------------------------





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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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  • vdlrao
    09-24 12:05 AM
    By Septemebre 2010, EB3-india wll be in the mid of 2002.





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  • Administrator2
    12-15 09:48 PM
    We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.

    Thanks,



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  • Openarms
    05-29 12:38 PM
    this exactly I thought when I read this
    "When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009"

    What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!





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  • Marphad
    03-29 08:21 PM
    My point is that a person/politician should be judged by the actions/governance and not their lineage. Congress is corrupt like most parties and that discussion is valid (though I would rather see this forum only used for immigration matters...).
    I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
    As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.


    And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?



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  • Michael chertoff
    07-03 02:48 PM
    I applied for EAD paying old fees in Jul 2007, and I renewed with new fees this year in Jun 2008, would like know if I need to pay renewal fees again when I renew my EAD in Jun 2009.

    Brother for this type of questions it is better if you can read the Instructions.

    Thanks
    MC





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  • breddy2000
    09-03 11:50 PM
    This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.

    With your utmost stupidity!!!!!

    Anyway thanks for the Humor from your stupidity...





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  • Mani
    12-13 01:38 PM
    I understand challenging the law could be a costly affair.
    If congress can amend the law to exlclude country cap for Amensty programs and undocumented workers (Comprehensive Immigration Reform) then why should it be difficult to use the same yardstick for Employment-based category or any other category for that matter ?





    cps060
    03-19 05:31 PM
    I also have my canadian PR. I know that I have to physically stay in CA for 2 years out of 5 to keep it alive. My question is if I enter just before my fourth year and live only for one year in CA .... what would happen ? At the end of fifth year when my PR card expires, will I have to leave CA ? Or is there any other visa on which I can move to or is there a way to re-apply for PR in the last year itself ?

    Basically bcuz of the retregression I want to go to CA but I have seen so many -ve posts about job scene that I am apprehensive. Hence was wondering if I can wait till the fourth year and still this GC mess is not solved would it be possible somehow to stay in CA beyond the fifth year.





    masterji
    09-24 12:37 AM
    By Septemebre 2010, EB3-india wll be in the mid of 2002.
    Do you think EB-2 India will cross 2005 by Sept. 2010? Thanks.