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Thursday, June 23, 2011

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  • webm
    03-17 04:56 PM
    Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

    Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

    So legal pattern for spillover is as under.
    --------------------------------------

    EB1 -> EB2
    EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
    larger demand.)
    EB4->EB1

    Note: Nothing goes from EB3 to any category and practical reality is that
    nothing extra comes to EB3 as EB2 is always hungry:)

    In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

    USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.


    well said dude!!!





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  • ujjvalkoul
    01-18 11:05 AM
    I think at least 50% (Conservative estimate - it may even be close to 90%) of us can contribute $20 a month.......that would be close to 4500 people

    Again simple math - 4500* 20 = $90,000.....

    If half of us contribute we can raise close to a $100K in no time.....

    I think the question in people minds is whether this will get them anything....will a bill pass with our provisions even after u do it...So remember, this whole effort is to achieve that only...so why sit back and watch...lets do something, if you are not contributing in core activities, just contribute funds...even $20 will help the IV goals..





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  • Guest007
    12-11 02:51 PM
    In the worst case may be we can try to find out if filling 485 is hinderence, they can split the process of Filiing EAD and AP seperately from 485





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  • ramus
    07-02 06:50 AM
    It is just 7 a.m. too early to say anything..

    So far so good, hope we are on the same note rest of the week.



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  • blewstream
    06-09 02:35 AM
    Any hopes of EB3 seeing 2003 in FY2010??
    Its a very painful journey :eek:





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  • RNGC
    09-19 03:48 PM
    I checked LIV.org, this domain name is available for sale....we need to see if we can get this.....



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  • Macaca
    01-28 10:22 AM
    The concept of cap is informally and unofficially considered in US universities. In any enginerring class 40+% students are Chinese, Indian and Korean; I am not considering second generation who are American citizens. With such numbers, whatever happens in China, India and Korea happens in a class : there are 10 different languages in a class, international students have previous exams, international students work together on take home, etc. The educational system breaks down completely.

    On the other hand, Engineering schools will shut down without Chinese, Indian and Korean. So there are no options.

    In the next stage, they graduate and get jobs when the GC quota breaks down.





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  • thakkarbhav
    08-10 02:47 PM
    I understand your logic. No fight for EB2 or EB3 - final goal is the same. The logic of this thread is abosolutely correct. EB3 is waiting on 2002 and EB2 Progressing.....There should be balance based on each individual Year. I have other friends who are EB2 and I know they also support so can bring them in once we have anything concrete. I want BIG rally like 9/18 in DC. We never did anything after it so IV should plan for BIG rally to support EB3 and I think EB2 will be taken care automatically.



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  • Abhinaym
    09-10 10:50 AM
    How many posts are required to access chat feature?

    50, it said on the log in screen.





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  • minimalist
    09-10 03:08 PM
    So there you have it - no vote on the bill today...


    I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.

    We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
    Is the bill tabled or something?



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  • karrtthi
    12-12 04:22 AM
    Dear All,

    I have applied for L1 B extension and the Status is Pending Petition Filing with my Company. My visa Expires by Dec 14th 2009 and i have to travel back to India by Dec 18th 2009 immediately due to personal emergency.

    I dont have any acknowledgement till date for the extension as it is under process.

    Following are my question
    1) Will i have any issues when i return to india after 4 days of my visa expiration?Will it anyway affect my future visa petitions?
    2) If the extension is filed, Is there any chances for the extension getting approved even if am not here unless there is no RFE.

    Your answers would greatly help me. Thanks





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  • boreal
    07-13 01:56 PM
    I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
    However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.

    I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.



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  • Abhinaym
    09-10 11:22 AM
    This is taken from the chat page:

    To access this area you must have: a.) Over 50 posts b.) Over 30 reputation points

    Right! Then it means 30 reputation points and not dots!

    Thanks for that.





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  • Macaca
    09-26 11:06 AM
    The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.

    Say rally was organized by IV.
    Put link to IV so they can check IV agenda.
    Put link to Washington Post/NY Times article that correctly reported the rally.



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  • Abhinaym
    09-10 11:22 AM
    This is taken from the chat page:

    To access this area you must have: a.) Over 50 posts b.) Over 30 reputation points

    Right! Then it means 30 reputation points and not dots!

    Thanks for that.





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  • dressking
    09-26 11:53 AM
    I think we should start a media campaign. Here is an easy way to get your message out to as many media outlet as possible: go to http://www.immigrantslist.org/page/speakout/dailies

    By the way, I recommend Immigrants' List (http://www.immigrantslist.org). Although this organization is for all immigrants, both legal and illegal, legal and illegal are facing the same problem: the anti-immigration sentiment. And because of the problems in the immigration system, legal immigrants can sometimes become illegal without knowing it. Plus it is so difficult to jump through so many hoops that are designed to make you illegal, there is no point to let these laws enslave you.

    We can only abide by the laws to certain extend and only if the laws are reasonable. If the laws are based on disrespect for us, we should not abide by those laws. We should fight to change those laws.



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  • cygent
    03-23 10:18 PM
    How do you know if labor is EB2 or EB3?

    Hello all,

    How do you determine if the category is EB2 or EB3? How can you find that out from which document?

    Thanks!





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  • alanoconnor
    08-15 03:57 PM
    All
    Charge-ability
    Areas
    Except
    Those
    Listed
    CHINA-
    mainland born INDIA MEXICO PHILIP-PINES
    Employ-ment
    -Based

    1st 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    2nd 01JAN07 01JAN06 01APR04 01JAN07 01JAN07
    3rd 01AUG02 U U U 01AUG02
    Other
    Workers U U U U U
    4th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    Certain Religious Workers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    5th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
    Targeted Employ-ment Areas/
    Regional Centers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07





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  • jcmenon
    07-25 01:22 PM
    "Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".

    Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
    Probably this option is not attractive to you that you are so pissed with it.

    Btw I'm contacting some attorneys on my personal expense to interpret this.
    If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.

    But the fact is at this point I still believe there may just be a 1% chance.

    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.





    pd_recapturing
    01-17 10:30 AM
    I read your story (every line and every word) and portray my self in that but few small changes.

    Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...

    but I would certainly pray for you to get a job ASAP. I know the pain.
    I thought, Slumdog was able to save his job !!





    gimme_GC2006
    07-15 10:53 AM
    We got a call from USCIS person for verifying our address. She said our finger prints have been expired and will send new notices (which will reach us in about 3 weeks)

    hmm.



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