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  • desi3933
    05-26 05:18 PM
    The applicant was found to be inadmissible pursuant to section 212(a(6)(C)(ii) of the Immigration and Nationality Act (the Act), for falsely claiming to be a U.S. citizen.

    http://www.uscis.gov/err/H4%20-%20Application%20for%20Reentry%20after%20Removal%2 0or%20Aggravated%20Felony%20Conviction/Decisions_Issued_in_2008/Jun162008_07H4212.pdf





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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.





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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





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  • joydiptac
    05-14 02:24 PM
    Hi,

    I am planning to start my Online MBA from Univ of Nebraska (UNL). This is AACSB certified.
    Also the price point is really sweet. 17K only + Books. Business Week placed it 4th overall part time.
    The Best Part-Time Business Schools: University of Nebraska - BusinessWeek (http://images.businessweek.com/ss/09/11/1105_best_part_time_business_schools/7.htm)
    -That is what got me interested in the first place.
    Plus it is not a "** State University" but a "University of **" which means it should have better profs.

    Anyhow anyone has any pros and cons to share about this one?

    n'
    Joy



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  • chanduv23
    09-11 04:28 PM
    Yes - lot of people are making last minute plans - GO IV GO





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  • santb1975
    12-21 01:05 AM
    Thanks for your Inputs Logiclife.

    My last entry into US was before I spent 6 weeks in recovery and subsequently changing my employer. I was not paid for the time I worked before I quit my employer. I had no issues with transfering my H1. I have letters from my clients and DOL verified that I was working at the client locations. I went through an IRS Audit as well last year because the wages reported by my employer to the IRS were different from the annual wages I reported in my tax returns and I owed IRS some money ( I never got a W2 for that year from my employer and when I contacted IRS they sent me a form on which I had to enter information based on the paycheks I have received). During the audit I had to pay my taxes as a preventative measure and also write a letter to IRS explaining my situation. IRS contacted NJ DOL and had my employer correct the wages he reported and sent me a letter that I was accurate. I will still have to work on getting the additional taxes I paid IRS back which is another story. it has been 2.5 years and the saga still continues. If I ever get an RFE about not getting paid for those 4.5 months I will worry about it then

    Now Regarding my H1 stamp: I decided not to go for stamping. I am just going to use my AP and come back. I talked to my lawyer today and I told him that I did not go for stamping after I changed employers and also indicated I want to come back using my AP. He said if that is what I decide that is fine with him.



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  • gcpain
    06-25 11:07 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.





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  • jasmin45
    07-16 05:45 PM
    Its interesting to see how organized they are and how arrogant their wordings are .. Looks like they have quiet a bit of influence in political spectrum.



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  • EB3_SEP04
    05-26 05:11 PM
    I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?

    US citizens are not required to prove that they are citizens, only the non-citizens are required to prove their status, and that's what angers me. If you answer the question as "Citizen" no further question is asked, and that is the RULE. Hence illegal people are trained to say the word "citizen" no matter what question they are asked. But as law abiding people most legal immigrants/non-immigrants won't lie just for the sake of avoiding the hassel of showing papers.





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  • Hope_GC
    07-16 08:05 PM
    Guys Looking at this false propagandas my blood boils after paying whole lot of taxes... we get to see these claims. :mad:



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  • lazycis
    12-20 08:49 PM
    Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.

    No worries for you, if you were inadmissible they would not let you back into the country.





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  • willigetagc
    08-26 09:01 AM
    Thanks willigetagc and sayantan76 for your reply.

    According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

    willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

    H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

    Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

    Thanks a lot for all your help. greatly appreciate it.

    You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.

    About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
    BTW, this is another thing you might want to check with the attorney.

    It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.

    BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.



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  • rajkr
    06-10 07:49 PM
    First of all there is no mention of EADs in the Bill. So I do not understand why Pappu is highlighting this issue so much.

    Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.

    Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.

    Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.

    Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.





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  • tabletpc
    12-20 04:42 PM
    ..Yes, I did. In fact, many times...""

    Then go have blast tonight...you are perfectly fine. Atleast now can we laugh..!!!!:)



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  • lvinaykumar
    07-16 07:40 PM
    Can we sue them for spreading false information





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  • SFSweta
    09-10 02:43 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...



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  • sameer2730
    03-12 10:41 AM
    To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.

    Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..

    This will achieve the following:
    (1) Assured, stable fund collection for IV activities
    (2) Only genuine IV supporters will sign up.
    (3) To some extent, may be, will keep antis away (this is not assured, but may happen)

    ...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...

    $25 a month is reasonable. What people want it GC in $25 in less than 6 months. Somehow these same guys do not mind paying lawyers $700 for EAD filing which they could do themselves. In other words they trust lawyers who are clearly have a self interest in you not getting a GC but will not trust one of your kind because these guys think their crummy $25 is being flinched.





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  • sanju
    02-13 09:51 PM
    Dude you pay taxes for all the facilities that you are enjoying in this country.... nothing is free here.

    Dude, did YOU and 99% of "ALL AMERICAN" FAMILIES not enjoy all the SAME facilities that I enjoy in this country. Why do I pay more than 99% of "ALL AMERICAN" FAMILIES, whatever that means? That's creates entitlement for me. That creates entitlement for EVERYONE in EB category.


    .





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  • senthil1
    12-20 04:28 PM
    You may be considered as out of status but your situation is much better than Visa overstay. If they send RFE then you may have to give proper reason. There are many people who are not getting paid in Bench but rarely green card was denied. Atleast I did not hear anyone green card was denied because of not receiving any pay.

    Folks, I didn't worked for an year(2001) due to, you know what I am saying....

    Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(





    MDix
    03-10 02:22 PM
    If you feel good by giving red then pls do it, but that doesn't change what's coming in your way.

    This is turning out to be TRUE.

    Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.


    I am expecting lot of REDs on this one.

    Thanks,
    MDix





    nc14
    10-19 11:03 AM
    Sent mine on Saturday.

    Keep this going folks we need to help ourselves.



    http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf

    11.
    Question: We have a number of date availability questions. They are:
    a.
    What is the demographic makeup of those in the current backlog? Can we get data on their nationality?
    Response: No, demographic data is not currently available and would require a special Information Technology Service Request (ITSR) be drafted and submitted to the Office of Information Technology www.uscis.gov
    (OIT). The administrative burden on USCIS to pursue an ITSR solution and add an additional workload on the O&M contractor cannot be justified given the level of effort involved.



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