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!!!
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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akp22
07-13 06:13 PM
Yes, they can do a lot more than 25 k in 2 months.
EB2 folks, please get prepared for RFEs - a few possibilities.
1. Medicals, outdated physicals, PPD positive etc.
2. Passport expired since applying for I-485 last summer.
3. Father's or Mother's name misspelled.
4. DOB discrepancies.
5. Translations of documents
6. Find those old pay-stubs, bank records, W2s, I-20s
7. Google yourself and your spouse.
Yes, I got RFE on birth cert....
EB2 folks, please get prepared for RFEs - a few possibilities.
1. Medicals, outdated physicals, PPD positive etc.
2. Passport expired since applying for I-485 last summer.
3. Father's or Mother's name misspelled.
4. DOB discrepancies.
5. Translations of documents
6. Find those old pay-stubs, bank records, W2s, I-20s
7. Google yourself and your spouse.
Yes, I got RFE on birth cert....
McGuffin
03-06 04:25 PM
I don't think I'll be able to make this one, I'll give it a shot though.
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bindas74
02-21 12:29 PM
if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
Hi,
Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??
-THanks
Hi,
Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??
-THanks
more...
TexDBoy
09-10 11:00 AM
They r into recess now ... lunch at 11:00 ... I guess its bit early .. :)
prioritydate
12-20 08:12 PM
On a second thought, If I interpret it correctly...
the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:
the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:
more...
tooclose
07-12 06:52 PM
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?
Gurus post your thoughts...
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?
Gurus post your thoughts...
2010 Found on the southern
Michael chertoff
03-19 12:55 PM
Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??
Any chance of EB2 India moving forward to April 05 by October 2008??
Why not july 2006??
Any chance of EB2 India moving forward to April 05 by October 2008??
Why not july 2006??
more...
mmanurker
07-28 11:59 AM
Now a days this has become a fashion to bash Hinduism and people take pride in doing so just to make a point to prove that they are very secular and far sighted and very broad minded but infact these are the people who are pseudo-secular and the reason for majority Hindus in our own country being held hostage by the policticians and the largest minority community in india.....
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......
hair ~Mera Waatan Jannat e Benazir~
chanduv23
09-11 04:28 PM
Yes - lot of people are making last minute plans - GO IV GO
more...
senthil1
06-12 02:29 PM
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
So what is your point, you say only CIR can bring any relief to eb immigrants and no other bill like skil will be considered, but cir will not gives us any relief at all, so you would prefer a cir without any relief for us rather than not having any bill?
all this talk about cantwell amendment, what does cantwell amendment offer us, it offers us nothing that we dont already have. Canwell amendment is the best amednment we have so far, that should give you an idea of the pathetic situation we are in. Please start opposing this bill. If not, can somebody enlighten me what is the "good stuff" i am missing in this bill.
So what is your point, you say only CIR can bring any relief to eb immigrants and no other bill like skil will be considered, but cir will not gives us any relief at all, so you would prefer a cir without any relief for us rather than not having any bill?
all this talk about cantwell amendment, what does cantwell amendment offer us, it offers us nothing that we dont already have. Canwell amendment is the best amednment we have so far, that should give you an idea of the pathetic situation we are in. Please start opposing this bill. If not, can somebody enlighten me what is the "good stuff" i am missing in this bill.
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Dhundhun
01-19 11:22 AM
Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
Lawyer may be more knowledgable, but here is pointer to User Manual.
http://www.brother-usa.com/ModelDocuments/Consumer/Users%20Manual/UM_MFC_9840CDW_EN_1034.PDF
Read page number 106 (Legal limitations for copying).
After reading manaul and knowing that kinko prohibits such copying, there is some fact in it. It may happen that color copies of documents in some countries are not allowed, but for some other countries, they are allowed. I am an engineer and I don't have more information (pointer to sections of legal books).
Since I make copies at home, I follow user manual information. If my Lawyer asks such thing, I would show him the information and ask for clerification. If he overides, by give me clauses and sections, I would't hesitate for him. Laws keeps on changing.
This talks about passport: http://www.ehow.com/how_2038717_plan-any-type-trip.html
This talks about drivers licence in NC: http://ncsu.edu/student_affairs/legal_services/faqs/alcohol-laws.php
There is some discussion here http://boards.immigration.com/showthread.php?t=129660
Lawyer may be more knowledgable, but here is pointer to User Manual.
http://www.brother-usa.com/ModelDocuments/Consumer/Users%20Manual/UM_MFC_9840CDW_EN_1034.PDF
Read page number 106 (Legal limitations for copying).
After reading manaul and knowing that kinko prohibits such copying, there is some fact in it. It may happen that color copies of documents in some countries are not allowed, but for some other countries, they are allowed. I am an engineer and I don't have more information (pointer to sections of legal books).
Since I make copies at home, I follow user manual information. If my Lawyer asks such thing, I would show him the information and ask for clerification. If he overides, by give me clauses and sections, I would't hesitate for him. Laws keeps on changing.
This talks about passport: http://www.ehow.com/how_2038717_plan-any-type-trip.html
This talks about drivers licence in NC: http://ncsu.edu/student_affairs/legal_services/faqs/alcohol-laws.php
There is some discussion here http://boards.immigration.com/showthread.php?t=129660
more...
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pitha
02-21 04:05 PM
I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
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rajuseattle
07-15 07:14 PM
Thakurji,
Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.
today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.
Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.
I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.
cheer up...!!!
Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.
today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.
Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.
I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.
cheer up...!!!
more...
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Macaca
09-26 10:46 AM
About us (http://mediamatters.org/about_us/)
Media Matters for America is a Web-based, not-for-profit, 501(c)(3) progressive research and information center dedicated to comprehensively monitoring, analyzing, and correcting conservative misinformation in the U.S. media.
Launched in May 2004, Media Matters for America put in place, for the first time, the means to systematically monitor a cross section of print, broadcast, cable, radio, and Internet media outlets for conservative misinformation � news or commentary that is not accurate, reliable, or credible and that forwards the conservative agenda � every day, in real time.
Using the website www.mediamatters.org as the principal vehicle for disseminating research and information, Media Matters posts rapid-response items as well as longer research and analytic reports documenting conservative misinformation throughout the media. Additionally, Media Matters works daily to notify activists, journalists, pundits, and the general public about instances of misinformation, providing them with the resources to rebut false claims and to take direct action against offending media institutions. Contact Us (http://mediamatters.org/contact_us): mm-tips@mediametters.org
Media Matters for America is a Web-based, not-for-profit, 501(c)(3) progressive research and information center dedicated to comprehensively monitoring, analyzing, and correcting conservative misinformation in the U.S. media.
Launched in May 2004, Media Matters for America put in place, for the first time, the means to systematically monitor a cross section of print, broadcast, cable, radio, and Internet media outlets for conservative misinformation � news or commentary that is not accurate, reliable, or credible and that forwards the conservative agenda � every day, in real time.
Using the website www.mediamatters.org as the principal vehicle for disseminating research and information, Media Matters posts rapid-response items as well as longer research and analytic reports documenting conservative misinformation throughout the media. Additionally, Media Matters works daily to notify activists, journalists, pundits, and the general public about instances of misinformation, providing them with the resources to rebut false claims and to take direct action against offending media institutions. Contact Us (http://mediamatters.org/contact_us): mm-tips@mediametters.org
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sanju
11-11 10:32 PM
Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
Its kind of a funny situation, and dangerous at the same time. This is a setup for a perfect storm and these idiot "friends" are planning for sunny days ahead. I guess someone forgot to turn on the weather channel, which in this situation is equivalent to "using common sense".
I am sorry to say this but all these "friends" are actually not your friends. Its better to have a wise foe than foolish friends.
Intelligence is about matching the dots and foresee the coming events, which always tend to cast their shadow before they appear. Idiots tend to overlook the dots, and they continue to live in fools paradise. The problem is not the formation of a perfect storm, the problem is most of these "friends" will be caught off-guard, and the ship will take everyone down with them. I wish I knew of a better way to desrcibe the current situation.
.
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
Its kind of a funny situation, and dangerous at the same time. This is a setup for a perfect storm and these idiot "friends" are planning for sunny days ahead. I guess someone forgot to turn on the weather channel, which in this situation is equivalent to "using common sense".
I am sorry to say this but all these "friends" are actually not your friends. Its better to have a wise foe than foolish friends.
Intelligence is about matching the dots and foresee the coming events, which always tend to cast their shadow before they appear. Idiots tend to overlook the dots, and they continue to live in fools paradise. The problem is not the formation of a perfect storm, the problem is most of these "friends" will be caught off-guard, and the ship will take everyone down with them. I wish I knew of a better way to desrcibe the current situation.
.
more...
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Jaime
09-13 02:01 PM
Easy decision: JUST COME GUYS!!!!
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keshtwo
07-09 05:00 PM
How can USCIS adher to 7% per country quota when AC21 explicitly says that if visas are still available after allotment to ROW, the remaining visas must spill over to the over subscribed countries?
As a result of failure of this lawsuite, if they start adhering to 7% cap, then they are in violation of AC21. That would be another lawsuite for sure.
dude, When do they know ROW quota is not filled. The last day of the year? do you think they can give the spillover numbers to India, China and Mexico in one day? Currently what they do is, make a guess on how much will be free and then allot spillovers. tommorow as a result of this ladies lawsuit, they might decided to make sure other countries under 7% get their quota, and spillivers might be drastically curtailed.
Rememer there is no law which states 140K numbers have to be issued. only that max 140k can be issued.
As a result of failure of this lawsuite, if they start adhering to 7% cap, then they are in violation of AC21. That would be another lawsuite for sure.
dude, When do they know ROW quota is not filled. The last day of the year? do you think they can give the spillover numbers to India, China and Mexico in one day? Currently what they do is, make a guess on how much will be free and then allot spillovers. tommorow as a result of this ladies lawsuit, they might decided to make sure other countries under 7% get their quota, and spillivers might be drastically curtailed.
Rememer there is no law which states 140K numbers have to be issued. only that max 140k can be issued.
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EB3_SEP04
05-26 04:25 PM
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
chanduv23
09-27 11:09 AM
First we come here which is completely different environment and struggle to adjust, then after 10 yrs or so, if we go back then struggle to adjust in home country.
You don't have to struggle in home country. You were born and raised there and I do not see a need to struggle.
And you are not struggling here also, you have come to pursue your dream, everyone here have jobs, we are just trying to fix a broken system here.
You don't have to struggle in home country. You were born and raised there and I do not see a need to struggle.
And you are not struggling here also, you have come to pursue your dream, everyone here have jobs, we are just trying to fix a broken system here.
pitha
06-30 10:05 PM
I think fedex does some same day delivery service from some cities, I called they had that service from my city, you might have to give the package very early like 4 or 5 am on monday, call 1800-go-fedex for details
i don't think they accept anything on sunday to deliver on Monday. You can call fedex cust rep and find more.
i don't think they accept anything on sunday to deliver on Monday. You can call fedex cust rep and find more.
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