breddy2000
09-04 12:21 PM
It is not good to reveal the real name of the person. Admin please check your password is not misusing by insider friends.
It is a shame for IV.
Pappu,
You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidential information of Individual members????
It is a shame for IV.
Pappu,
You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidential information of Individual members????
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H1BLegal95
02-13 01:49 AM
it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
maddipati1
02-13 12:11 PM
its been a while i read the forums..
well... well !! chandubhai finally cooled down and talking wisdom :-)
Thanks for all your wonderful help to the community - people like you inspire others.
Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.
Once again, I respect people's space - it will be great if all of us come together and make this a success
well... well !! chandubhai finally cooled down and talking wisdom :-)
Thanks for all your wonderful help to the community - people like you inspire others.
Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.
Once again, I respect people's space - it will be great if all of us come together and make this a success
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Kodi
05-12 04:22 PM
Read my previous posts where I said tamils that doesn't live in the war areas lead life just as other nationalities. Its my fault that I didn't mention it again.
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
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mchundi
02-19 04:49 PM
What you are talking here is the Eb1-EA category.. and not the general EB1 category..
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
How many of the top indian IT companies file GC's for their employees?:rolleyes:
The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.
It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..
That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..
How many of the top indian IT companies file GC's for their employees?:rolleyes:
vasa
07-04 12:44 AM
if this receives more than 100 users rating SOON - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
thank you
i just created 3 more logins and digged each of them....
keep the counter rollin...
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
thank you
i just created 3 more logins and digged each of them....
keep the counter rollin...
more...
eastindia
07-21 02:39 PM
Torture.com is also an e-commerce website.
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alisa
02-13 08:07 PM
You may not be wrong! (Though you are stretching it a bit too far.)
We are not here to do justice. We are all here for our self-interests.
I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?
We are not here to do justice. We are all here for our self-interests.
I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?
more...
snathan
01-13 06:10 PM
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
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mariusp
03-29 02:19 PM
OK, I've done some more homework and this is what I found in the proposed rule text:
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
more...
at0474
12-13 01:05 PM
"If you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity."
--Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.
"Diversity is the nice sounding cloak."
--True. Every concept has been used and abused.
"There is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? It was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math."
--I did not say EB quota system was framed due to high influx of indian programmers. You missed the whole point.
"Also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?"
--Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.
"To the person bringing up caste system and fences, here is my proposal.
i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line."
--Precisely why I said your viewpoint would differ depending on which side of the fence you are.
"either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."
--You are opining that it is wrong. You cannot state that it is a fact.
"none of this is an argument for a legal approach. just responding to stuff here."
--Same here. I appreciate your response though.
--Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.
"Diversity is the nice sounding cloak."
--True. Every concept has been used and abused.
"There is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? It was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math."
--I did not say EB quota system was framed due to high influx of indian programmers. You missed the whole point.
"Also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?"
--Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.
"To the person bringing up caste system and fences, here is my proposal.
i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line."
--Precisely why I said your viewpoint would differ depending on which side of the fence you are.
"either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."
--You are opining that it is wrong. You cannot state that it is a fact.
"none of this is an argument for a legal approach. just responding to stuff here."
--Same here. I appreciate your response though.
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logiclife
06-26 08:16 PM
So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
Which means what some of these lawyers are saying is not speculation but a definite possibility.
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
Which means what some of these lawyers are saying is not speculation but a definite possibility.
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
more...
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gcfordesi
08-16 12:12 AM
huge publicity stunt for the movie... the movie runs on the same lines...
they already archived their goal as every news paper in India has this in front page ...
why waste our time on discussing politics and system here ...
they already archived their goal as every news paper in India has this in front page ...
why waste our time on discussing politics and system here ...
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Marphad
06-08 11:08 AM
employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.
Actually as per government's official point of view, EB comes on second priority than FB. Family union always comes on first priority.
Actually as per government's official point of view, EB comes on second priority than FB. Family union always comes on first priority.
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Tito_ortiz
03-20 12:41 PM
Hi, I experienced similar situation. This is what I did:
Upon getting my PR and landing in Canada, I got job offer in the beautiful US. I kept visiting Canada every month, I kept bank account active there, I bought a car in Canada and transferred to the US (that was silly, don't do that) etc just in case I needed to prove certain ties to Canada and it would be transfer car to Canada again if I needed to go back.
Then 1 year passed. I retained my PR just fine. However, when entering Canada, the immigration officer advised that I was going to end up losing my Canadian PR if I start going back and forth. At that point I applied for the Returning Resident permit. I wen to Canadian embassy in Seattle. Lady who attended me was very rude and told me that working in the US was not a valid excuse to stay out of Canada for 2 years. Then I claimed that I wanted to go back to Canada to open business there with my US experience within 2 years. Lady finally said "you guys don't love Canada, you just love the US". From there she signed the Returning Resident Permanent residency paper for 2 years. Now, five years have passed and I guess my Canadian PR status is unknown. I guess I could just return if I wanted. Last week I went there to visit a friend (it was raining like crazy in Vancouver, BC) and I entered the country without any questions. Therefore if you manage to get in, I guess all my PR status would still be valid.
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.
Upon getting my PR and landing in Canada, I got job offer in the beautiful US. I kept visiting Canada every month, I kept bank account active there, I bought a car in Canada and transferred to the US (that was silly, don't do that) etc just in case I needed to prove certain ties to Canada and it would be transfer car to Canada again if I needed to go back.
Then 1 year passed. I retained my PR just fine. However, when entering Canada, the immigration officer advised that I was going to end up losing my Canadian PR if I start going back and forth. At that point I applied for the Returning Resident permit. I wen to Canadian embassy in Seattle. Lady who attended me was very rude and told me that working in the US was not a valid excuse to stay out of Canada for 2 years. Then I claimed that I wanted to go back to Canada to open business there with my US experience within 2 years. Lady finally said "you guys don't love Canada, you just love the US". From there she signed the Returning Resident Permanent residency paper for 2 years. Now, five years have passed and I guess my Canadian PR status is unknown. I guess I could just return if I wanted. Last week I went there to visit a friend (it was raining like crazy in Vancouver, BC) and I entered the country without any questions. Therefore if you manage to get in, I guess all my PR status would still be valid.
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.
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PlainSpeak
01-13 01:27 PM
I wish- Logiclife would answer this thread. He has a way to explain things and put things in perspective. He is very direct and I like that.
Yes i have sen LogicLife's responses before and let me tell you i am impressed. Perhaps an reply from him will provide answers. Not to say that you yourself have not been eloquont. As i said before yours was the only sane answer i event got, but i reply to all because to respect a person is to respect what he believes in and i do that by replying back
Yes i have sen LogicLife's responses before and let me tell you i am impressed. Perhaps an reply from him will provide answers. Not to say that you yourself have not been eloquont. As i said before yours was the only sane answer i event got, but i reply to all because to respect a person is to respect what he believes in and i do that by replying back
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snathan
01-24 05:42 PM
If most members are opposing the memo that is fine for me. I will take neutral Stand. Anyhow best wishes for winning the lawsuit if you file and win
What good your stand is going to do and who cares it ?:confused:
What good your stand is going to do and who cares it ?:confused:
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logiclife
06-28 07:25 PM
can you name this firm please?
Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.
And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".
Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.
And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".
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onemorecame
06-26 04:53 PM
I heard this group of people - from anti immigrant organizations, plan to intercept fedex trucks going into USCIS next month sort out 485 petitions and steal them and hide them in an undisclosed location.
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
:confused:
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
:confused:
Googler
02-15 01:49 PM
Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
gondalguru
07-17 01:50 PM
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
Look at my prior post. I think spill over will happen every quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
Look at my prior post. I think spill over will happen every quarter.