makemygc
07-05 09:56 AM
Immigration-law has reported that AILA has stopped taking any more plaintiffs for the lawsuit. What's IV stance on that? Does that mean if the lawsuit is settled in favor, only plaintiffs will get the benefit?
From Immigration-law.com:-
The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
From Immigration-law.com:-
The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
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PD_Dec2002
07-05 12:22 PM
Just my $0.02:
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
f1vlad
01-19 11:23 PM
Same happened to me in some small town in NH, about quarter mile from Canada, I was just driving on a local road and I pulled over to check my map. So I sit reading map and I hear knock on my window. All of a sudden see couple of Border Petrol agents.
I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.
Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.
I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.
This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.
I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.
Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.
I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.
This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.
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vin13
11-13 06:46 AM
Just an F Y I, I havent read all 5 pages of this thread
Please read all pages and you will get a better idea of what is being done at this time.
Please read all pages and you will get a better idea of what is being done at this time.
more...
alisa
01-23 08:49 PM
And hoping that some more data, some more pointers, and some more information comes out of this thread, before it dies.
Data and estimates and links to websites needed for estimating when a PD would become current.
Data and estimates and links to websites needed for estimating when a PD would become current.
gimme_GC2006
03-09 02:02 PM
hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
more...
gsc999
04-22 02:56 PM
Decipher and GSC999 have totally contradictory opinions . Not sure whom to believe here .:D . There seems to have been 2 sets of opinons here of the members who attended the rally.
---
I think you mean the conclusions we drew are different. Yes, as Congressman Gutierrez himself said yesterday. Some people, he was referring to Latinos who were opposing STRIVE, see STRIVE as glass half-empty. Others as half-full.
I will want to be in the latter category anyday.
The objective of the meeting was to show support for STRIVE, I think we acheived that. If your expectation was that there will only be IV members in the group and the congressman would focus exclusively on that issue. Sorry for the disappointment, welcome to politics. Lets learn from this.
Also, most members think that only anti-immigrants oppose STRIVE. That is not true. Undocumented immigrants also oppose STRIVE. When someone says ,"oh the whole thing was regarding undocumented," well yes but you have to go deeper. Within that group, there are people who oppose STRIVE.
---
I think you mean the conclusions we drew are different. Yes, as Congressman Gutierrez himself said yesterday. Some people, he was referring to Latinos who were opposing STRIVE, see STRIVE as glass half-empty. Others as half-full.
I will want to be in the latter category anyday.
The objective of the meeting was to show support for STRIVE, I think we acheived that. If your expectation was that there will only be IV members in the group and the congressman would focus exclusively on that issue. Sorry for the disappointment, welcome to politics. Lets learn from this.
Also, most members think that only anti-immigrants oppose STRIVE. That is not true. Undocumented immigrants also oppose STRIVE. When someone says ,"oh the whole thing was regarding undocumented," well yes but you have to go deeper. Within that group, there are people who oppose STRIVE.
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hrushi_j
09-10 03:27 PM
and will return at 5:00 PM
more...
jjava100
06-10 04:10 PM
Just sent it. I also sent it to 5 of my friends who are not IV members yet..
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Legal_In_A_Limbo
03-10 01:08 PM
coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?
I will really appreciate that.
Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....
I will really appreciate that.
Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....
more...
gc_check
07-29 01:19 PM
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !! It is now become even difficult to prove that no matching candidate was found. If you are eligible for EB1/EB2 (National Interest Waiver / Exceptional Ability) where you can get a waiver for labor and go for I-140 directly, then you have a better chance. Sadly (IT/Consultants) etc do not come under this, unless you are that exceptional with many patents, etc.. and have a better designation in the organization. Even couple patents would do no good in this case :(. One of the first step for GC, is to prove that it is not adversely affecting the US Citizen/Permanent Residents already in the country and if the HR is sure on this, they can't prove that no US citizen is available, they will not process GC. Remember the TARP Funded companies had restrictions imposed on them. Some of the companies listed are all good corporation that do thins per the law / books. Well, unless it is a small body shop totally rely on Consultants / Non-immigration worked for any reason, big companies will not spend extra $'s to get the Attorney's to be more creative to get through the process. When supply is adequate, they do not care. Unfortunately this causes so much stress / difficulty for the applicant going through the general EB3/EB2 (labor) category and USCIS slow processing and loop holes that were not addressed in the past but addressed now (Labor Sub. / Diff. process window in diff region, when people with later dates go through first,) per country limit, lost visa numbers cause enormous delay and added stress, but irrespective of all this, people still make it through eventually. A little patience and being persistent and take right steps will help regardless. We all know, the system is bad, complaining against it would not change. Work on making some positive influence on the system and even you fail many times, with each failure you go one step closure to achieve your goal. There were some success/relief that was obtained with the efforts of IV and the likes.. some set backs, but things will change for good. Sadly, due to lack of time, some people get affected the most and others not so much. Thatz life and real !!!
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
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ash123
02-12 04:04 PM
We have to wake-up before same continue while EAD/AP renewal
more...
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kicca
08-29 02:09 PM
found this old (aug 2002) but still interesting pdf that may help if nothing else to clarify some of the acronyms used in the I485 process:
www.ilw.com/seminars/august2002_citation2b.pdf
www.ilw.com/seminars/august2002_citation2b.pdf
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BharatPremi
03-12 04:38 PM
a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?
Sathyaraj
I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.
Sathyaraj
I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.
more...
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nitinboston
04-09 04:19 PM
Dear Mrs. Hillary Clinton
Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.
1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
Rationale: We are trying to get Employment based pending applications.
3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?
Rationale: We are trying to confirm data received are all inclusive.
4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
E1
E2
E3
E4
E5
5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
Rationale: This will help us understand how much visa were available for reallocation.
6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
Rationale: To understand DOS�s interpretation and application of the law.
7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
a) Between Inventory Published 03/12/10 & 01/30/10 = 100
b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.
9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
USCIS Pending for EB3-China as on March 08, 2010 === 5,575
DOS Pending for EB3-China as on March 01, 2010 === 8,900
Rationale: Closing gap in case of data error.
References:
i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.
Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.
1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
Rationale: We are trying to get Employment based pending applications.
3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?
Rationale: We are trying to confirm data received are all inclusive.
4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
E1
E2
E3
E4
E5
5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
Rationale: This will help us understand how much visa were available for reallocation.
6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
Rationale: To understand DOS�s interpretation and application of the law.
7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
a) Between Inventory Published 03/12/10 & 01/30/10 = 100
b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.
9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
USCIS Pending for EB3-China as on March 08, 2010 === 5,575
DOS Pending for EB3-China as on March 01, 2010 === 8,900
Rationale: Closing gap in case of data error.
References:
i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.
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HawaldarNaik
03-09 12:21 PM
let us wait for May bulletin....
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kondur_007
04-10 10:28 AM
Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...
Here are the details for last year and years before:
(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))
Employment Visas 2009
Total Employment Visas for FY2009 = 141,020
Theoretical values without spillover
EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012
Actual values with spillover
EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give
What is noteworthy is the fact that spillup/spillover visas were only available from EB5.
In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.
This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.
I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.
I'm not sure why FY2010 would be much different, at least for EB1 spillover.
Additional notes from subsequent posts:
There was significant spillover in FY2007 because (based on 154,497 total EB visas) :
EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.
That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.
There was significant spillover in FY2008 because (based on 162,949 total EB visas) :
EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.
That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.
The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)
EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)
That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.
This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"
Hope this was the info you were asking for.
Here are the details for last year and years before:
(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))
Employment Visas 2009
Total Employment Visas for FY2009 = 141,020
Theoretical values without spillover
EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012
Actual values with spillover
EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give
What is noteworthy is the fact that spillup/spillover visas were only available from EB5.
In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.
This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.
I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.
I'm not sure why FY2010 would be much different, at least for EB1 spillover.
Additional notes from subsequent posts:
There was significant spillover in FY2007 because (based on 154,497 total EB visas) :
EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.
That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.
There was significant spillover in FY2008 because (based on 162,949 total EB visas) :
EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.
That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.
The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)
EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)
That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.
This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"
Hope this was the info you were asking for.
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mbartosik
09-19 03:52 AM
first - glad you liked my little skit / comedy show, Arman asked me to write a speech, I don't think that was quite what he had in mind when he asked me to speak :D
That was actually a toned down version of my skit :D I took out many of gags and would have loved to put more in.
I hope that a video will be posted, the crowd reaction was fantastic, at least that's what it sounded like from the stage. I had so many people coming up to me after. I've still not quite come down from it. It was fun to deliver too.
------
I like to idea of legalimmigrationvoice.org
legalimmigrationvoice.com points here, but I see that
legalimmigrationvoice.org has this
"If you are interested to have this website please contact us at registerflyaccount@yahoo.com"
I hope that was one of us that registered it (not a camper).
On the rally I saw lots of positive reactions, and just one negative reaction, and I think that he could not read or just assumed illegal, he called out "it will never happen". Even if we had signs that said "We are legal" some would still assume that we were undocumented because they would think that we were only claiming not to be criminals since crossing the boarder without presenting oneself for inspection is technically a civil offense I think. If we all wore suits the mistake would have been made less. The undocumented issue is so embedded in the public's minds.
Signs do need to be more brief.
The anonymity of a forum alias is not a good thing I think. Although the aliases are often cute. Some people called and asked if they had to give their names at registration. The boggy man will not get us! Big brother is not watching, remember he can only afford $2 for name check, so he cannot afford prospection glasses. Also it is handy to know people's names.
Yes we are mostly Indian and mostly Indian and Chinese have really bad delays. But it is unhelpful refer to Indians and Chinese joining forces, or this being an Indian org. etc. I put a lot of effort into trying to show my face in places to make the point that we are not just Indians and Chinese.
(Being a minority Anglo Saxon here I also put a lot of effort into emphasizing dropping country quotas.)
I wore a suit, 3 piece, yes my shirt was sweaty, but that was not caused by the rally it is was my crazy schedule of back to back meetings, and running around logistics organizing. Ironically I rarely wear a suit at work.
Maybe holding a few signs with our job titles would make the point. I think that would have helped reporters pick people out for interviews.
I think that Aman learnt that he needed at least 2 personal assistants on the day.
That was actually a toned down version of my skit :D I took out many of gags and would have loved to put more in.
I hope that a video will be posted, the crowd reaction was fantastic, at least that's what it sounded like from the stage. I had so many people coming up to me after. I've still not quite come down from it. It was fun to deliver too.
------
I like to idea of legalimmigrationvoice.org
legalimmigrationvoice.com points here, but I see that
legalimmigrationvoice.org has this
"If you are interested to have this website please contact us at registerflyaccount@yahoo.com"
I hope that was one of us that registered it (not a camper).
On the rally I saw lots of positive reactions, and just one negative reaction, and I think that he could not read or just assumed illegal, he called out "it will never happen". Even if we had signs that said "We are legal" some would still assume that we were undocumented because they would think that we were only claiming not to be criminals since crossing the boarder without presenting oneself for inspection is technically a civil offense I think. If we all wore suits the mistake would have been made less. The undocumented issue is so embedded in the public's minds.
Signs do need to be more brief.
The anonymity of a forum alias is not a good thing I think. Although the aliases are often cute. Some people called and asked if they had to give their names at registration. The boggy man will not get us! Big brother is not watching, remember he can only afford $2 for name check, so he cannot afford prospection glasses. Also it is handy to know people's names.
Yes we are mostly Indian and mostly Indian and Chinese have really bad delays. But it is unhelpful refer to Indians and Chinese joining forces, or this being an Indian org. etc. I put a lot of effort into trying to show my face in places to make the point that we are not just Indians and Chinese.
(Being a minority Anglo Saxon here I also put a lot of effort into emphasizing dropping country quotas.)
I wore a suit, 3 piece, yes my shirt was sweaty, but that was not caused by the rally it is was my crazy schedule of back to back meetings, and running around logistics organizing. Ironically I rarely wear a suit at work.
Maybe holding a few signs with our job titles would make the point. I think that would have helped reporters pick people out for interviews.
I think that Aman learnt that he needed at least 2 personal assistants on the day.
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StarSun
02-03 09:22 AM
To get a head start on the advocacy effort, we need members to register, contribute, plan the travel, and spread the word as soon as possible.
perm2gc
01-17 01:34 PM
http://groups.yahoo.com/group/immigrationforum/
http://groups.yahoo.com/group/immigration-usa/
http://groups.yahoo.com/group/immigration-usa/
javadeveloper
05-15 05:50 PM
I also know cases where during the time of campus placement, all A grade companies required US citizenship/Green Card status. Imagine doing a 100K+ investment and then listening to this crap - ooops you do not have GC......right now we are not sponsoring H1-B...........
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
I Agree.
But what I feel is it's better to work as Manager(& in higher positions) in India than A developer/Lead in USA.
I'll become old and loose interest in career By the time I get GC and completing mba .
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
I Agree.
But what I feel is it's better to work as Manager(& in higher positions) in India than A developer/Lead in USA.
I'll become old and loose interest in career By the time I get GC and completing mba .
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