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  • boston_gc
    06-27 09:44 AM
    I also checked with my lawyer and made fool out of myself. Please, please please stop discussing this and concetrate on the real stuff.....

    Better than this discussion, we should put our energies on the new CIR bill and see if and how can we benefit from that.





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  • iviviv
    10-10 01:00 AM
    Thanks for the interesting posts and sharing of your experiences!!!

    I figure that the EB-2 and EB-3 categories are going to remain backlogged for a few years for India. So, the best way to apply for US green card would be to attain Canadian citizenship to provide flexibility of using TN visa and then apply for GC using EB-1 category as a manager. Perhaps, it is not as easy as I make it sound to get a EB-1 success case.

    Are there people out there who have successfully used the EB-1 category or know of anyone who has used the EB-1 category? Is it sufficient for one to be a first line manager to utilize the EB-1 category or does one have to be an executive?

    How many employees does one need to manage to be considered an executive?

    I guess EB-1 remains the only sure bet to get a quick GC, but it is probably difficult to qualify for it.





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  • sroyc
    09-24 04:38 AM
    Please see my inline comment.

    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.

    This is incorrect. ICMP get 7% of the 28.6%. ROW gets roughly 28.6% - 4 X 7% X 28.6%

    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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  • unitednations
    02-18 10:36 PM
    In fact I guess most of the April 2001 245(i) cases are also getting through the Eb3 category...I thought that they would get into the EB3 Other workers category with the 10000 K cap........ I guess many of the cases you are referring to must be the 245(i) cases...


    As I remember, even when I came to US the first time in 2000, I was interviewed quite rigorously...They made me submit degree certificate and experience certificates and all...
    Cooks and driving instructors getting in on H1B??? That is news to me...


    Yeah, they are all 245i. If they aren't in USA; they can't get here on h-1b; job needs a degree. My point was that when people try to contrast family base with eb and which one is better; people would be surprised to know that people in family base generally would fall into definition of skilled worker and share same quota as eb3 professional but would have to wait outside usa since they wouldn't qualify for any temporary non immigrant visas.



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  • NolaIndian32
    02-13 11:20 AM
    Ok - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).





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  • whatamidoinghere
    02-22 04:26 AM
    Looks like lot of data is available for us to crunch on:

    Labor certifications from 2000 to 2006
    http://www.flcdatacenter.com/CasePerm.aspx

    H1Bs issued from 2002 to 2006
    http://www.flcdatacenter.com/CaseH1B.aspx

    Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.



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  • franklin
    02-14 04:44 PM
    Wow - yes, I obviously wasn't getting the point! Thanks UN for clarifying it.

    My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.

    I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.





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  • breddy2000
    09-05 03:47 PM
    QUOTE=_TrueFacts;840961]breddy2000,

    Shame on you. thoo

    In your love for YSR, you are behaving like him. Are you from Kadapa? Why unnecessarily picking on CHANDUV23. I got his profile id from Orkut.

    orkut - (http://www.orkut.com/Main#FullProfile?rl=pcb&uid=16002627991370248382)[/QUOTE]

    What are you talking about me ass hole.....I do not have any Orkut and for that matter you cannot see me in Linkedin or any other solcial networking site.....

    Because of assholes like you , who misuse privacy I do not register like you Mr. CHANDUV23.....

    .....Just becasue my handle is contains reddy does not mean I love my Caste. And I have enough guts to say what I want to using my originbal ID and not like u ass hole hinding under the shandow and misuse the system (so called corrupted asshole, who is talking about corruption in India...)

    KLK----

    And guess what's the commonality between "_TrueFacts" and "CHANDUV23"....Both use "IMV" instead of "IV", to abbreviate Immigration Voice....

    Don't let me reveal many more similiarities between "CHANDUV23" and "_TrueFacts".

    Better of begging on the roads rather than playing your split personality role and creating havoc on this public forum.....

    Go see your own posts AH.....

    U Need to alteast learn how to hide your true identity......MOTHER FUCKER...



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  • Macaca
    06-28 08:04 PM
    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".

    I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.

    My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!





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  • ragz4u
    10-24 12:52 PM
    I was under the impression that only an 'approved' labor can be substituted. I recently had a conversation with a friend whose company attorney had told him that even unapproved labors stuck in the Backlog center can be substituted.

    I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?



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  • soljabhai
    12-14 09:45 AM
    good post. and good find.





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  • Lasantha
    09-29 11:07 AM
    Yes, it is. I used it when I went to get my Canadian PR validated in June this year. Are you flying or driving? Make sure you do not surrender your I-94.
    Take a letter from your employer and recent paystubs just in case. (They didn't ask for them but take them anyway).
    I assume you know all the conditions?



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  • ItIsNotFunny
    11-06 03:17 PM
    Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.

    Lets do this. Contgratulate Obama with proposal of GC for House scheme (need better words though :)).





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  • WAIT_FOR_EVER_GC
    07-22 12:50 PM
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  • return_to_india
    05-19 10:23 PM
    http://timesofindia.indiatimes.com/India-set-to-counter-Chinas-influence-in-Lanka/articleshow/4553638.cms





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  • dilipcr
    06-16 02:22 PM
    Guys,

    Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).

    So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.

    I dont care if you consider me a guy taking pleasure in your plight. Remember I dont get anything out of it. I truly like your attitude to take the bull by the horns and the resolve to come out even stronger. That is the attitude that would take you a long way. Trust me and all the best.



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  • akred
    02-20 12:40 AM
    How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.





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  • JA1HIND
    02-13 11:13 AM
    I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.

    There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.

    Count me in for this law suite action and commit to pay $500 as part of my contribution, please IM me the details and will provide all the details that IV team needs from me...

    Arvind





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  • perm2gc
    06-26 01:48 PM
    nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.

    Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
    my attorney also said same thing..





    god_bless_you
    10-23 02:33 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Check Immigration Portal forums Labor certification .. Preapproved LC
    Labor substitution Pros Con's etc.. widely discussed there...

    http://www.immigrationportal.com/showthread.php?t=123495





    Ramba
    07-17 12:24 PM
    Yes, horizontal spill-over gives preference to EB Category. But the vertical spillover didnt promote diversity. It just ensured that the applicant with the oldest PD was allotted the first available spill-over visa number irrespective of his EB category or country of origin. This just ensured that someone doesnt wait too long. as you know, most of the vertical spillovers were consumed by EB3-India and china. Then, how can it promote diversity.

    to make it simple, here is my understanding

    Vertical spill over --> PD precedes EB category and Country of Origin
    Horizontal spill over --> EB Category precedes PD and country of origin.

    Thanks,
    gcisadawg

    Before AC21 law, both India and China gets only 3000 EB2 visas (7% of 40000). The remaining unused visas in EB2 goes to EB3 worldwide catagory, NOT TO EB3-India. After AC21 law, all the 40,000 EB2 visas are made available to EB2 catagory, irrespective of country of orgin. In either case EB3-I will get same 3000 visas. There is no difference for EB3-I, before and now. EB3-India will always get only 3000 visas per year till EB3-ROW become current.



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