sumagiri
07-23 02:07 PM
that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.
Legal, Thanks again. Also that is where exactly is the contradiction in analysis.
In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.
If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.
If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.
Please note that I am not making this complex. I am only pointing at complexities.
Legal, Thanks again. Also that is where exactly is the contradiction in analysis.
In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.
If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.
If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.
Please note that I am not making this complex. I am only pointing at complexities.
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unitednations
02-13 03:57 PM
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.
So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.
So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.
kittu1991
05-01 02:44 PM
It is a shame India does not act to protect the interests of its citizens even after this news came up.
Why do you think it is Indian citizens? Just because some politicians are saying so for their own gains all Tamilians in Srilanka are not Indian citizen.
Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.
Are you suggesting India should start playing the role of world police as USA.
LTTE is the one who took the life of our beloved leader Rajiv Gandhi who would have taken India to much high in the world. And why should India protect them.
Why do you think it is Indian citizens? Just because some politicians are saying so for their own gains all Tamilians in Srilanka are not Indian citizen.
Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.
Are you suggesting India should start playing the role of world police as USA.
LTTE is the one who took the life of our beloved leader Rajiv Gandhi who would have taken India to much high in the world. And why should India protect them.
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shingqor
05-02 11:06 PM
Just curious.
Does it mean a uncouth rowdy person?
Is it a Tamil word, or a Singhala word?
Arava stands for over pitched language loudness..
You are issuing some FATHWA on me LOL dude...??? Grow up..
Are you there when some some one used Gujju word here...???
Does it mean a uncouth rowdy person?
Is it a Tamil word, or a Singhala word?
Arava stands for over pitched language loudness..
You are issuing some FATHWA on me LOL dude...??? Grow up..
Are you there when some some one used Gujju word here...???
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akred
02-18 12:31 PM
Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.
You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.
The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.
You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.
The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.
eager_immi
07-25 10:11 AM
isn't it my choice. u can go back to india if u like i don't think i will stop u. Also using the same logic india is still ur home country u should go back even if GC works out.
WHY not go back to India if the GC process fails , I mean after all India is our home country rite .(I am talking only about Indians)
Health and Wealth are subjective after all
WHY not go back to India if the GC process fails , I mean after all India is our home country rite .(I am talking only about Indians)
Health and Wealth are subjective after all
more...
Waitnwait
07-03 05:49 PM
My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
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Saralayar
07-03 10:40 AM
My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
more...
sunnymit
07-30 02:37 PM
I met this dude in Secaucus (NJ) Walmart yesterday. I was looking for an ice-cream so he pretended to do the same. Smiled at me once and then just as I was walking away from the ice-cream sections comes over with a very nice hello. Started talking to me "as they always do" but I think this time he forgot where he was. First asked me "Do you know where is a Walmart around here?", quickly realized he is in one right now, checked, and continued, "I mean, this is one but do you know another one around here?". Then "Do you know when this closes", "Is this 24/7 walmart". I mean.. seriously dude! You think I am the best person to answer those questions for you - why? Best of all, he says he just moved here from Harrison (NJ) which is like 5 miles from the Walmart he was in!
Totally confused this guys, me thinks :)
Totally confused this guys, me thinks :)
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ocpmachine
09-15 10:43 AM
This thread is getting very interesting with all the logical calculations and predictions, thanks OP.
One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.
-Cheers
One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.
-Cheers
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vivekm1309
05-10 07:15 PM
Australia is backup option for me. For various personal reasons-I didn't chose Canada.
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
Thanks for the details ...can suggest how can immigration to Austrailia be applied ?
Thanks
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
Thanks for the details ...can suggest how can immigration to Austrailia be applied ?
Thanks
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gagbag
07-03 09:56 PM
http://news.google.com/news?tab=wn&ie=UTF-8&rlz=1T4GGIH_enUS219US220&ncl=1117797588&hl=en&scoring=n
more...
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ramus
07-03 10:25 PM
Mecaca,
Are you getting input on your template? Just want to make sure everybody is helping you...
Thanks a lot for your leadership..
Are you getting input on your template? Just want to make sure everybody is helping you...
Thanks a lot for your leadership..
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GC_1000Watt
09-17 02:45 AM
I am not sure about completeness and authenticity of the data, But i've found this perm data. Its Access database, where Country of chargeability is included too.
FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
If everybody can search for their repective years of Labor and confirm the completeness of the data, then this will be very helpful for data crunchers. :)
I could not find my labor details on the file. BTW what does the "CERTIFIED-EXPIRED" case-status mean?
FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
If everybody can search for their repective years of Labor and confirm the completeness of the data, then this will be very helpful for data crunchers. :)
I could not find my labor details on the file. BTW what does the "CERTIFIED-EXPIRED" case-status mean?
more...
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chanduv23
06-28 01:29 PM
I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
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mbawa2574
02-15 05:20 PM
You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.
more...
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srinivasj
07-21 07:23 PM
my wife makes always makes fun of me everytime a quickstar guy catches me at a mall..
she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)
she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)
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TheOmbudsman
08-30 11:22 AM
180 days.
Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??
Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??
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_TrueFacts
09-04 11:26 AM
If you and other who have problems with this thread, don't like this discussion than why do you guys bother to come on this thread, just ignore it....
Right on point again by vivid_bharti,
How does deleting this thread improve immigration?Does deleting this thread bring back YSR? If some people are discussing a topic, let them do so..if you have point contribute a line or 2 to it.
I rephrase: The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.
Right on point again by vivid_bharti,
How does deleting this thread improve immigration?Does deleting this thread bring back YSR? If some people are discussing a topic, let them do so..if you have point contribute a line or 2 to it.
I rephrase: The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.
imcdude
11-11 10:54 AM
While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.
BharatPremi
07-13 11:49 AM
All I'm saying is, there's good and bad everywhere, and Canada, always rates highly.
Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)
In the end, as you say, it's all objective.
And who rates Canada highly? That requires a different forum for debating but I am just giving you the hint that it is international scam to rate it high.. That is the subject of politics and we would not start debating that at least on this forum..
Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)
In the end, as you say, it's all objective.
And who rates Canada highly? That requires a different forum for debating but I am just giving you the hint that it is international scam to rate it high.. That is the subject of politics and we would not start debating that at least on this forum..