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  • rajeshalex
    07-13 06:57 PM
    Can IV use FOIA to
    1 get the visa numbers allocated by USCIS for the past one year ?
    2 pending 485 applns grouped by country/EB category/priority date?


    I think this will clear lot of speculations/and if needed we can do something regarding the visa number wastage/retrogression.

    Rajesh





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  • jayleno
    07-13 11:57 AM
    Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
    Source please... or are you just kidding ?





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  • imneedy
    05-06 04:57 PM
    I dont think we should relay on their 15 months time line. Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use. They are smart that is why they gave us 15 months. They will wait for 12 months to Congress to do something and then if nothing happen they will write SQL query in last 3 months.

    gc_on_demand, did you or anyone else here got similar letter?





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  • khans02
    12-28 02:24 PM
    I just got my I140 approved. Waiting for 485 visa number to become avaiable. Have an offer of a better paying job in a bigger company. Can I switch Company and still carry the PD from the LC/I140 of the previous employer?
    If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?

    Thanks for quick response. I need to let the new employer know of my decision.

    Saeed:confused:



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  • rimzhim
    04-04 03:29 PM
    It is also the favorite trick of anti-green card reform groups like IEEE.
    You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.


    Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.

    those who will feel abused are ones with advanced degrees from the US but did not get their H1B only to find someone from India has gotten an H1B. That person will feel abused because of the time (and maybe money) spent in getting the advanced degree.





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  • cygent
    03-23 10:18 PM
    How do you know if labor is EB2 or EB3?

    Hello all,

    How do you determine if the category is EB2 or EB3? How can you find that out from which document?

    Thanks!



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  • sanju_dba
    07-24 11:15 AM
    The early the 485 filing , the early you are from your citizen ship date?





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  • gjoe
    09-17 10:44 PM
    If you have lots of money in the US you may be at risk of losing atleast some part of it. I think buying gold or buying property at a bargain price would be a safe bet. Don't let too much money in the banks. FDIC insurance covers upto $100K for an individual acct.
    Some analysts say that approximately 150 banks or investment firms are expected to fall within the next 15 months. There is a high chance for FDIC to go bankrupt. But if that doesn't happen currency value of the USD might sink.
    Save your savings now or never

    Greenspan one of the architects of this mess says, this is once in a century event.
    Greedy politicians are saying, this is because of the greed in wall street but not the people.
    I485 applicants say, show me the green (money)



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  • akred
    01-21 02:26 AM
    Assuming everyone stays the course, under these timelines

    1. At least 5% of applicants will be sponsored by their American children.
    2. Another 5% will have their first million and move to the investor's category.

    The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.





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  • lazycis
    12-22 08:59 AM
    I may be wrong, but it seems that attorney screwed up. You should've filed I-485 based on a future employment offer from company A (I-140 petitioning employer).



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  • delhiboy
    12-17 11:34 PM
    Just need a place to vent and share my frustration with this system.
    I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.

    Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
    Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.

    I do hope we see some miracle in 2007.





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  • lord_labaku
    07-11 12:50 PM
    I dont think USCIS intends to take out the visa numbers for them.

    DOS (who publishes the visa bulletin) wants USCIS to take out the numbers....but USCIS sits all day scratching their bottoms & not approving any cases with current priority dates.

    P.S : Pardon my crassness; but people waiting in line would definitely understand frustration.



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  • GCNirvana007
    10-10 09:55 PM
    It is unreasonable to carry a passport at all times when you are living here. What happens if you leave it behind in the grocery store by mistake or leave it in the cab or something? I think the issue reported by the OP is more relevant close to the border. Nobody asks for your passport in Vegas or Denver.

    Which part you didnt understand?

    Once you enter USA, doesnt matter Vegas or Denver, you need to carry documents with you. Thats LAW. They dont stop everybody but if they do, we are answerable to them.

    Its similar to speeding. For a 55 miles speed limit, usually cops dont stop if you drive 70. However they are legally entitled to fine you if you drive 56. Its LAW.

    Now if you leave it by mistake, thats not their problem, you got to deal with it.





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  • nonimmi
    03-07 11:17 AM
    Someone said it takes about two months for G-28 to take effect. Sometime jobs changes may not allow that much time. So for that duration RFE or other documents may still go to last attorney. Is there a way to do it online or request for immediate transfer?

    Also - if we represent self and later for some complex cases we need experienced attorney help do we need to file G-28 again?



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  • reddymjm
    09-10 06:12 AM
    IF DOS does not make EB2 I C and EB3 ROW current before Jul 2011.
    ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
    Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.

    THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.

    Good luck guys.





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  • pzh
    07-16 06:18 PM
    There isn't a single fact that is true in this fax here. I don't know how groups like this get taken seriously if they don't even do basic research on what they are sending to congresspeople.


    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.


    First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.


    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.


    This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
    ten years in the US.


    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.


    Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!


    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.


    Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.



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  • GSB
    09-19 12:13 PM
    The rally was very well organized and I am glad that I flew down from CA to attend. On the flight back I was watching Lou Dobbs on CNN and they used a clipping from our rally and did a whole piece on illegal immigration without even mentioning the rally!! That is so typical of the media.





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  • srikondoji
    09-19 09:10 AM
    Forget about what the congressmen, congresswomen, staff members thought about legal immigration. After 4 successful meetings and one of them went way ahead of 30 minute meeting to 50 minutes, we made them understand the difference between legal and illegal immigration. They have given us the hope that something will come up in the defence bill and they are discussing this RIGHT NOW. They did mention this as a HOT BUTTON issue but most likely touch upon least controvercial issues. Also there are plans of breaking up CIR bill into several bills and get them passed.

    Overall it was a wonderful experience and it was worth attending and taking that walk with placards.

    I felt i was on vacation.:D





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  • andycool
    03-16 02:04 PM
    141,020 visa numbers used in FY2009
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.



    __________________
    Not a legal advice.

    Hello Desi,

    "Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)

    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.


    This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....

    I am little confused...

    your comment will be greatly appreciated ;)





    immi2006
    02-22 07:26 PM
    Hi,

    I called USCIS today, i was asked to take infopass to get a status update on my case, as it was pending in local office. I am not sure why.

    My PD is 2001 March, from Dallas BEC - LC cleared on June 2007. Filed 140+485 on July 2. In my company atleast 400 - 500 number of EB2 cases came thru in June 2007, there were a few hundred lcs from BEC for EB3 too..from 2000-2001 time frame, based on some of the threads I have seen. We are one of the largest networking company in San Jose, here. I am sure there are other companoies that have good number of folks, also depends on how many stuck on..
    Filed my 10 th year H1 extension,
    PD March 2001
    EB2 - Category - Adv Degree
    Country - India
    Degree - Research IIT/IISc Bangalore.

    Following advice of 'Googler' i skimmed through the USCIS OMbud's report. So USCIS is not able to accurately 'count' the cases because old cases at local offices are not accounted in system (?) . Otherwise it would have been a quick data base query to obtain whatever statistics.

    And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)





    desi3933
    03-10 04:55 PM
    This is another anti immigrant. Please ignore him

    You are calling me anti-immigrant! Just because someone is spreading rumor and half-cooked information and I don't agree with him, I am called anti-immigrant.

    I suggest that you look at my past posts.



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