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Monday, June 27, 2011

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  • pkak
    07-13 11:45 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

    Here is my take on the situation.

    DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

    Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

    Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

    See my analysis:

    I agree

    --------------------------------------------------------------------------------

    Quote:
    Originally Posted by justAnotherFile
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)

    If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

    If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.





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  • RNGC
    02-24 10:49 AM
    Thanks. Sent you a PM.





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  • Jaime
    09-10 12:19 PM
    You are long overdue for a salary raise - But you can't get more money due to current visa rules, even though you are doing work that has long-deserved a raise. Your net worth is being eroded.





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  • greyhair
    02-12 01:56 PM
    This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.

    What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.

    Does this help? (Again this is my view... don't want to push it onto others)

    I disagree. This thread is not about some immigration lawyer. This thread is about visa numbers wasted due to USCIS inefficiency. That's what the title of the thread says. Why do I or anybody else care about some immigration lawyer? Why is he/she relevant if its specifically proven with facts that there is no wastage of visa number. You continue to advertise the name of the immigration lawyer. The reason I say this is because in my experience immigration lawyers comment on these issues as if they have direct access to USCIS Director or god. Even after disproving the visa wastage theory with facts you still continue to over analyze immigration body shop instead of discussing the issue. I am just wondering, why would you that? Are you that immigration lawyer or employee of his law firm? Just curious.



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  • gc_on_demand
    03-10 04:46 PM
    >> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.

    Thanks MDix.

    You have no idea. Have a good day, sir!

    ______________________
    US citizen of Indian origin


    This is another anti immigrant. Please ignore him





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  • DallasBlue
    01-24 11:06 PM
    IV members,

    We need to come up with some great ideas like "flower campaign". Something that will mobilize IV members.

    Let us not be pessimistic. There are thousand of reasons that one can think of why the new administration may not act soon. But that should not stop us from making our cause being heard. The new adminsitration has been taking many decisions that are not economy related. Economy is their #1 priority but it is not their only priority.

    The visa recapture issue has been pending for a long time now (atleast 3 years). Either we continue to wait and suffer and remain frustrated or we take some action. Choice is ours.

    PS: Let us be civil. I second using non-accusatory language on this forum.

    How about we start writing letters to the WhiteHouse/President on

    (i) Eliminate per country quota limits
    (ii) Recapture the lost visas
    (iii) Porcessing dates cannot go back

    for administrative fixes ?



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  • Legal_In_A_Limbo
    03-14 05:51 PM
    Thanks for sharing the info. Did you get any new attorney?

    I self filed, as will be doing AC-21 in a month or so.
    So wanted to make sure i revoke my company attorney.

    Thanks





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  • delax
    07-19 08:55 PM
    We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.

    Here you go - conversion should not impact this as the number of LC approvals remains the same:

    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info

    Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?



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  • gc28262
    12-20 07:18 PM
    Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

    ?
    I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
    As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )





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  • natrajs
    09-18 11:04 PM
    It was amazing



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  • singhsa3
    02-21 02:41 PM
    Assuming you are right then,
    average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
    Now assuming this year the demand would be close to average then. It leaves 14K for EB2
    Implying 12/2003 dates movement is very likely as 14k>5k (your number)
    I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.

    Column 1: PD
    Column 2: Nbr. Of EB2 India pending from
    Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
    Column 4: Cumulative EB2 India pending

    2000-01 0 - -
    2000-03 0 - -
    2000-04 1 15 15
    2000-06 1 15 30
    2000-08 0 - 30
    2000-11 1 15 44
    2000-12 0 - 44
    2001-01 0 - 44
    2001-03 1 15 59
    2001-04 3 44 104
    2001-05 2 30 133
    2001-06 6 89 222
    2001-07 3 44 267
    2001-08 1 15 281
    2001-09 1 15 296
    2001-10 6 89 385
    2001-11 2 30 415
    2001-12 2 30 444
    2002-01 5 74 519
    2002-02 4 59 578
    2002-03 1 15 593
    2002-04 3 44 637
    2002-05 11 163 800
    2002-06 7 104 904
    2002-07 5 74 978
    2002-08 5 74 1,052
    2002-09 5 74 1,126
    2002-10 14 207 1,333
    2002-11 16 237 1,570
    2002-12 11 163 1,733
    2003-01 13 193 1,926
    2003-02 12 178 2,104
    2003-03 20 296 2,400
    2003-04 13 193 2,593
    2003-05 16 237 2,830
    2003-06 17 252 3,081
    2003-07 22 326 3,407
    2003-08 18 267 3,674
    2003-09 18 267 3,941
    2003-10 29 430 4,370
    2003-11 17 252 4,622
    2003-12 18 267 4,889
    Total 330 4,889





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  • shantanup
    02-11 10:05 AM
    I will attend the event. I want someone to sponsor my airfare and stay.



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  • singhsa3
    03-04 12:16 PM
    Those were different times. Try taking mortgage now on your EAD.
    Here are my particulars:
    Family income: Almost 4-5 times per capital GDP
    Job type: Stable
    Credit score : Excellent
    Highest education: MBA
    Willing to put downpayment: Yes, required 20%
    Mortgage application: Rejected as EAD is valid for only one year.

    Now you tell me what should I do...


    I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.

    In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.

    Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.

    So in June 1999 we purchased a 1,950 sqft house for $280,000.

    In September 2003 we sold that house for $535,000.

    Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.

    I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.

    I’m not looking to brag, I am sharing my experience.

    1 my wife and kids were on H4 they needed a home to be happy in.
    2 it made economic sense to buy
    3 we got the right funding
    4 had we waited for GC we could never have afforded the home we currently live in.

    The timing of immigration approvals had no bearing on whether I decided to purchase property.

    good luck to all





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  • ItIsNotFunny
    10-20 01:20 PM
    How stupid can someone be to give me a red for my previous post.

    Now for this. Why should someone hide behind a red dot (just to say "you suck" and things like that). Most, if not all, red dots are personal attack on the person rather than the post. The very few reds which actually are justifiable are the ones where someone is given the red for his offensive remarks.

    I realize that a side discussion on red dots is not germane to this post, but it is the participants in the discussion here who have brought it up. As evidenced by so many posts that keep happening now and then, some feel bad to post when people intimidate them with reds. Of course, some may say that red dots doesn't matter, but to a new member (who has contrarian views), getting red pretty much means some people are not going to take them seriously.

    Gave you green to keep ourselves up :)

    I also has similar issue. People putting red dots with no messages "." or saying "You Suck".

    One guy dared to put a message "You don't have plan". That person even didn't see that I just tossed an idea to see if people are comfortable for flower campaign. This can get success as a mass only. I didn't tell anytime that I have an exact plan. That was step 2.

    One supreme idiot of earth went one step further saying "None of your business". Come on. If Immigration is not my business then what else is? And why the hell that idiot was also on this portal!



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  • desi3933
    01-31 07:55 AM
    So does this mean that pending AOS has no meaning?

    How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?

    My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.

    Thanks for your help.

    Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.

    She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • designflaw
    04-09 10:59 PM
    ROW moved 2 months, I will take it. If it keeps moving 2 months at a time, then my turn would come up in 3 years. Highly unlikely cause ROW PD per USCIS is expected to be in 2005/2006 by end of year. I think my PR for ROW would be pretty much catching up.



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  • americandesi
    12-24 01:46 PM
    Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.



    You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351





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  • pd_recapturing
    03-07 08:09 PM
    Okay. Even if we send the AC21 letter to USCIS, whats the guarantee that they will take action or even read it. AC21 letter is not going to be a paid service and USCIS will treat this letter as any other letter like interfile letters. I am not sure whether USCIS has any specific PO Box for AC21 services. In my knowledge, there is none. I had sent my interfiling letter in early Oct 07 and there is no information from USCIS on this. Today, I went to meet an IO thru Infopass, the first layer of service lady was so rude that she did not even allow me to meet the actual IO. She said that this kind of information does not come on computer so IO would not be helpful. She was not at all listening to me. My point is can one make sure that his/her AC21 letter has been accepted and acted upon. If not, is there any need to send the AC21 letter?





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  • tnite
    08-15 04:39 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html

    Not bad for EB2 India/China ,the dates are the same as june bulletin





    waitnwatch
    07-28 04:10 PM
    Its amazing how the self proclaimed defenders of Hinduism think that the religion is so fragile. Last I checked Hinduism is known to be >5000 years old, withstood countless aggressors/forced conversions for over 1000s of years, absorbed various cultures and ethnicities to remain one of the dominant religions in the world.

    Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.

    It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.

    There is an excellent article on Hinduism and why and how it has survived over the millenia by Amartya Sen. This is one of many excellent articles which are compiled in a book titled "The Argumentative India". If you get a chance please read this article and, even better, the whole book.

    There is a lot of information about India's history and culture (with references) and might help throw some light on this discussion of gods on a toilet seat or beer bottle.

    I also see a business opportunity from this discussion--caps with Ganesha embroidered on them - would sell like hot cakes! :)





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    06-11 11:37 AM
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