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  • desi3933
    02-10 12:22 PM
    I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.

    I did not know of getting less than 7% when there is high demand. :confused:

    >> I believed we get at least 7% (cap) + any unused numbers.

    Two things -
    1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
    2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.

    On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.

    In short, 7% is just a maximum cap, not the minimum quota.

    __________________
    Not a legal advice.





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  • webm
    02-27 09:51 PM
    http://immigration-information.com/forums/showthread.php?t=4398

    So, those who done their FP in July 2007 or afterwards will have their FP refreshed. So they don't need to go for FP once the previous FP expires. All those who did FP prior to July 2007 will have to go to ASC for FP .

    Holy cow!! night mare..again FP process for prior July filers...:(





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  • sameer2730
    11-25 08:51 AM
    wow..this thread is putting more valuable insights..thanks to all of you who are sharing this information..

    Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.

    But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)

    Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.

    But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)

    so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..

    The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.


    Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.
    I am just finishing up with my masters in a STEM discipline. I have two kids of my own and my wife works full time. One child is 1 year old. Believe me it just works out fine. But you will not have a "life" for the next two years, so get used to it. Weekends will be just work for two years. You will absolutely need to have your wifes support. But in the end it is very satisfying. And while you may not realize it , it sets a a great example for your child, who thinks studying is cool coz dad does it.





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  • ss_col
    07-11 01:57 PM
    Not to be a damper but I think theres something else thats going on and its not for the benefit of EB2. I know many people before April 04 who have not got their GC's. Anyways, lets hope for the best.



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  • gsc999
    07-24 05:05 PM
    Guies,
    Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.

    That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.

    But any way it is a waste of time.
    ---

    It would be better to focus our energies in a directed fashion on some core issues that have been identified by the core team. Media, Senators, House members and other have become familiar with our issues. Will it be worthwhile to add these new provisons that might dilute our original charter? Let us address the key causes e.g. few immigrant visas, family counted towards visa numbers, re-capture past visas, increase immigrant visas etc.





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  • chanduv23
    11-22 02:14 PM
    There are ofcourse lot of ways to stay afloat on your GC process. But its all risky. Even expreienced Lawyers will say its possible and might go ahead as well. But something happens latter then the lawyer is not at loss. Its you who will bear the brunt.

    If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D

    So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.

    Always follow the right route. But if you are in troubled waters, try provisions and workarounds make make sure u do it legally :) Play by the rules. In cases where company is laying off, bad managers, selfish employers, mergers etc... bad work, I think one must see if he has provisions and workarounds. You never marry a company for thee sake of Green Card, if you do so, then get ready for an unconditional divorce. Remember, company are commercial entities, and they dont care a shit about u or ur family or green card, they care about themselves, I have seen so many people being artificially loyal to their companies so that they would not face layoffs or issues. As such nothing is straight forward. No system is 100% perfect and though the American system may not be 100% perfect system, this is the only system that can be the best in the world. There is provision for almost anything. One may not feel right about certain things but at the end of the day everyone gets what they deserve. Try to be a "survivor" :)



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  • gimme_GC2006
    05-12 03:13 PM
    You might want to research your options some more. Maybe, have a talk with someone who is a more senior colleague or mentor, preferably one who has an MBA.

    It appears from your comment on investment banking that you haven't done your research. IBs usually recruit only from the top-10 type schools.

    Good Luck!

    thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.

    Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)

    moreover there is increased trend in acceptance of online MBA as major universities are coming online now.





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  • svr_76
    06-10 02:21 PM
    Gr8 you win. now lets forge ahead on how to proceed and get similar details from other groups specially the high-tech lobby/group.



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  • bigboy007
    07-18 11:59 AM
    I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
    he said no when i asked the same reg. Rejections.





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  • gcsim
    12-10 09:28 AM
    what r these guys playing immigration-immigration with us.



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  • paskal
    01-21 02:21 AM
    i like the way you did this
    i wonder though if it's better to adjust it for depnedents
    per USCIS figures the average is 2.5 individuals in a family for each approval
    The timeline is stunninh when you put that in.
    I will retire or die before a GC......!





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  • anand2007
    07-03 03:34 PM
    DOS says USCIS suddenly did backlog case reduction. Why USCIS didn't communicate to DOS regarding this action before or immeditely after july Visa bulletin was issued. Suprisingly when DOS issued revision USCIS immediately acted on it and started rejecting applications based on DOS revision.Also how can backlog reduction be unexpected action when they are clearing backlog cases for a month.
    It is clear to me USCIS and/or DOS is playing with the legal immigrants, even if this is a genuine situation, this is reckless behaviour from USCIS/DOS. It's time to teach a lesson to the USCIS regarding this. In the worst case, if we can't correct the situation at this time, we should atleast teach them that they can't do this in future.They wasted my money and time and caused mental tension. I just contributed $100 to fight. If we don't fight for ourselves who will???.



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  • battineni
    07-13 11:05 AM
    Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.

    Congrats to all to have received it and good luck to those who have become current !
    TooClose,

    Don't worry you will get it soon....!!

    I'm waiting for these dates from long longgggggg time....:-((





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  • NKR
    10-16 03:24 PM
    So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.

    Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.


    Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications.


    Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?

    Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.


    I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.

    Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL�s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.


    Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.

    No, you did not say that, all you said was USCIS is not doing anything wrong.



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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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  • uma001
    08-02 08:40 PM
    Mayhemt,

    Please dont talk without knowing the truth.
    I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
    if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right


    Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
    "Although these are our policies, these might change at any time, with or without written notice".
    End of story to all 'You promised me gold in your agreement' arguments.

    Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
    Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.

    It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.

    It is an unfortunate truth we all need to get accustomed to live with.
    I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..



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  • desi chala usa
    09-18 12:59 PM
    It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....





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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.





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  • pappu
    01-11 01:21 PM
    Hi:
    I just joined the chapter.
    Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....

    Wishin' for a better future ahead for all us immigration victims
    PD for self: August 03
    Labor Cert: pending

    PD for husband: Dec 03
    Labor Cert & I-140: appoved.
    welcome.
    pls contact varsha and others to start chapter activities.
    varsha, pls plan some action items for the chapter.





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    06-20 05:53 PM
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    gcisadawg
    12-16 05:50 PM
    Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

    Kumar1,

    You never know. GE was considered the bluest of the blue chips! Look at what is happening! Within no time, it fell off the cliff! How many storied wall st. investment banks are left standing? If open source takes off with real wings and an efficient replacement for MS-office ( already started to come) arrives, MSFT itself may not be there to answer 'RFE' issues...

    Btw, I believe we are here because we are needed. High skilled or not is a different issue. For some, nothing is Rocket science except Rocket science itself! Why would anyone give us a H1B visa, renew it year after year and allow us to apply for Green card? They can easily pull the plug by

    1> Stopping all future H1Bs first...No more H1s from Fiscal 2010 onwards.
    2> Existing H1Bs who havent applied for a GC will not be allowed and have to go after the term ends. ( you might see H1B substitution where a guy with 5 years left on his H1B can trade for the highest bidder)
    3> Existing H1B who have applied for GC and in various stages of processing....would either be rejceted OR asked to re-start the process under stringent guidelines.

    US should be doing all or some of the above if they think H1Bs are NOT needed.

    Peace,
    GCisaDawg



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