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  • Jerrome
    09-24 06:05 PM
    Spillover would be by PD so China will not get same number of EB2 numbers as India. India has many more old applications then China.

    I assume they move both the countries PD to the same year/month if the spill over happens. Atleast in the past, it would be interesting to see how they move now.

    Even in all the scenarios it is less likely to go in to 2007, if not beyond June 2006.





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  • chiragmodi
    09-28 07:18 PM
    Is it mendetory to file AC21 if your job title and duties are identical in your new job???

    Thanks.





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  • Legal
    07-21 10:32 PM
    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.


    It does look like all the AC21 numbers have been used up. Even if you don't take this into account, there are 40,000 + visa numbers available for use before Sep 30th.
    Since we have been conditioned to receive only bad news for the past 3 years, we find it hard to believe. If this happens, EB-2 will get a good kickstart and with spillovers happening each quarter the dates should keep moving which vdlrao has been saying all along.

    I also suspect among the 3 Llofgren bills, even if only the per-country quota elimination bill could be enacted, enough numbers may reach some long suffering EB3 India members.





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  • crazydesi
    05-29 03:55 PM
    Meaning of

    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.

    May be that he is waiting for more people to jump from eb3 ship to eb2 ship.



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  • jsb
    06-04 01:20 PM
    I agree. These are semantics of the process. Whatever they do it should appear to be an admin fix, rather than bypassing the law.

    This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.





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  • EndlessWait
    06-28 03:48 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
    :D



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  • gc4me
    03-29 09:38 PM
    Looks like murthy.com is correct after all. Already filled I-140 with sub LC will not be affected.
    Read this text.
    *Substitution--Substitution of alien beneficiaries will be
    prohibited as of the effective date of a final rule resulting from this
    NPRM and that prohibition will apply to all pending permanent labor
    certification applications and to approved certifications not yet filed
    with DHS, whether the application was filed under the prior or current
    regulation. This regulatory change would not affect substitutions
    approved prior to the final rule's effective date.

    Good catch!





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  • prinive
    02-12 01:16 PM
    I dont think so....:o If that happens, I will send you a bag of sugar to you... :rolleyes:

    September 2001 will be current next month for sure ...



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  • amoljak
    05-10 04:52 PM
    I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

    So the process can be:
    May 2006: Come here on H1B
    May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
    June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
    July 2010 - Get green card and enjoy :)





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  • blacktongue
    01-14 10:07 AM
    ABUSING ON FORUM IS WRONG WHETHER IT IS AGAINST A MAN OR A WOMEN PERIOD


    Woman period yes. Man period no.

    You man or woman or nether?



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  • MYGC2008
    09-14 03:50 PM
    Do we know the exact Approved EB2 Labors for INDIA. (Year 2005 means Oct 2004 to Sept 2005). because PERM is introdiced in mid 2005.This is Critical

    Also I have a question: Does Prevailing Wage Level determine the EB Category? (EB2 Prevailing Wage Type = Level II) If this assumption is correct then for 2006 (Oct 1 2005 to Sept 2006) there are 11000 approved EB2 INDIA Labors.





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  • jthomas
    05-31 01:41 AM
    ...



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  • nik.patelc
    09-03 03:07 PM
    Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
    Loved by poor people. Hated by the fundamentalists. Most of the AP politicians are corrupt including former PM P.V. N RAO.

    I AM NOT FROM AP. ALL I KNOW FROM READING ONLINE FROM LAST 2 DAYS.

    SEE THE LINK 14 PEOPLE DIE OF SHOCK.
    14 die of YSR shock in Andhra - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/14-die-of-YSR-shock-in-Andhra/articleshow/4969157.cms)

    USA, UK CONDOLE YSR DEATH.
    US, France, UK condole Reddy's death - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/US-France-UK-condole-Reddys-death/articleshow/4969149.cms)

    After reading for 2 days, you feel soory for this guys. Well, If he is popular and good CM, it should be evident that many life are touched and improved by his actions. YSR loved by Poor , those poors are still poors ... Who said Medical degree holder are all ethicial and non corrupted. I know many docotrs in india are cheaters and cares about money than patients. So dont buy that his having medical degree makes me good admirable politician.





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  • hiralal
    06-03 06:20 PM
    Where does one contribute to said lawsuit? If someone is willing to lead the effort, I'm willing to contribute a little money.
    no idea ..to quote the Indian ambassador ..we are running and discussing like headless chicken .. why can't we have several small simultaneous campaigns ?? I guess it is time to take a vacation and come back to the forum after few days



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  • vdlrao
    07-21 12:15 AM
    I presume, from the July 2007 fiasco DOS might have learnt a lesson of deciding the cut off dates very care fully based on the Aproved labors In a pertucular year from a perticular country with a perticular ctegory. So thats the reason why I am thinking that instead of putting whole EB2 as a current
    (It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.


    ----------------------------------------------------------------
    Originally Posted by delax
    Here you go - conversion should not impact this as the number of LC approvals remains the same:

    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info

    ---------------------------------------------------------------------
    If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
    In 2005 there may be only about 600 labors for EB2 India.


    Based on this it would be
    About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
    About 600 labors for EB2 India from Oct 2004 - Sep 2005

    About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)

    So total labors may be around 10,600 which needs about 25,000 visas.


    So it seems there are about 20k visas availble now.

    So they have moved the dates accordingly.





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  • BPforGC
    08-11 01:39 PM
    Sir

    I got I-140 approved based on EB2-NIW (filed in April 2007). No labor required.

    I filed my 485 during July 2007 when everything became current.

    When they get to my 485, are they going to process and approve if VISA number is available based on the filing date?
    (or)
    Then will keep it aside until EB2 for India becomes current based on my I-140 filing date (which is April 2007)? Currently the date for India is June 2006.

    So, approving 485 is based on order of filing and VISA number availability or based on priority date at the time of 485 reviewing?

    In other words, do USCIS assign VISA numbers only for the petitions whose priority date is current at the very moment when the IO looks into the application i.e., is it prevented by Law to assign VISA numbers to petitions whose priority dates are not current at the time of assigning?

    Thank you very much.



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  • gc_lover
    06-26 01:17 PM
    So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.

    I agree with you. To bring the dates back USCIS would have to accept application for atleast next 2 weeks. Then, they will have to open and count all the application based on country. After that, they will calculate Aug/mid-July retrogression date. It does not sound like they will do it in mid-july, but for august they can do whatever they want in their visa bulletien.

    This is jusy my assessment. I didn't get this from anywhere.





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  • ocpmachine
    06-11 09:33 PM
    Makes sense now. Peace.

    Dilip,i read your old post from 2003, indeed a roller coaster ride...remember good KARMA, you had tons of it man!!





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  • alisa
    02-13 08:44 PM
    Are you sure you understood it fully?

    I wrote " if you think ", meaning a lot of harping on is happening based on the assumption that removal of country limits will impact ROW badly. It's not the fact. Though it has been explained a number of times that its not the case, some members obstinately stick to their guns and regurgitate it again!

    Taking some sentence written by me out-of-context does not prove anything.


    Easy now!!! Simmer down.....

    Its just that every time the VB comes out, we get a lot of posts from folks from India/China who want to remove country limits. And they talk about only removing the country limits, as if removing country limits is going to solve the problem.
    You scare away ROW when you do that.



    Can I ask you a question? How much of IV goals you have supported till date? How many IV activities you have participated? How much you have contributed? I'm interested in knowing. If you haven't , whether you have incentive or not, it doesn't make even a teeny difference to the movement.

    In December 2006, I started my state chapter, and went around and held meetings and told folks about IV. Then in the summer of 2007, I, along with other folks, some from India and some from Europe, went around and met with the staff of three congressmen/women, and two senators. And then we urged another person to go and meet his congresswoman. We covered half the state delegation in the House, and both senators.





    dealsnet
    09-04 09:40 AM
    You are given a link for VHP site to say YSR is a christian terrorist. Did he made bombs, did he organize suicide bombing. Did he fly any plane to your home ???
    If you are so much against the Christians, why you are here (Christian majority country) ??
    You can live in your own village and do all pujas.
    You are a Hindu terrorist like Godse (killed Gandhi).
    May be FBI will contact IV to get your ID. (IP address)

    You may eat more sweets in Jail.

    Ohh yeah..he built Airports, Freeways, schools in each village!

    Improved irrigation..what did he improve other than giving away free money
    Infrastructure across the state: In the last 5 years, they haven't reworked existing roads..forget anything new ..No single project completed till date..but in the name of tenders he minted millions.
    Per capita income..what he do to increase that?

    look at the link: Ysr the Christian Terrorist Cm of Andhrapradesh (http://www.scribd.com/doc/17370754/Ysr-the-Christian-Terrorist-Cm-of-Andhrapradesh)





    hpandey
    02-12 12:10 PM
    are you dreaming ... India EB3 is 01AUG01

    He is talking about ROW EB3 and not India. EB3- ROW is at 1 Jan 05