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  • meridiani.planum
    07-30 06:31 AM
    http://www.immigration-information.com/forums/showthread.php?t=5766

    posted 07-24 09:59 AM

    Ron Gotcher has some thoughts on India E2 movement over the next two months.

    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters.

    Ron Gotcher

    this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.

    Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.





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  • swethanjit
    07-09 07:29 PM
    Dear Sir / Madam,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?

    Regards
    Swetha.





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  • HopeSprings
    09-24 01:41 PM
    The calculation done by Bharatpremi seems to have flawed while calculating spill-over. Spill-over is first by preference and then by country. That is how till VB of August 2009, you see ROW EB1/2 was current and ROW EB3 was U and EB2I was in 2003.

    Now, considering spill-over by preference first, the following could be a conservative analysis:
    I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.

    Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
    Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
    - All EB4/5 cases till end of 2010 FY - 2000
    - ROW, Mexico, Phil EB1/2 - 8000
    - EB1 I/C - 1000
    - The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006

    Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).

    Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000

    Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
    Assuming 15% go to CP.
    Total number for AOS = 119000
    EB1 (28.6%) - 34034
    EB2 (28.6%) - 34034
    EB4 (7%) - 8330
    EB5 (7%) - 8330
    Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728

    So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:

    Oct 2009 - Dec 2009: Jan/Feb 2005
    Jan 2010 - June 2010: Mar/Apr 2005
    Jul 2010 - Sep 2010: Feb/Apr 2007





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  • sk2006
    03-31 08:54 PM
    Sanjay, just ignore them. These are the very same people who are taught from childhood to stab in back. They will not dare to put a post rather they type bad words in comments.

    You think you are more patriotic than I?
    What makes you think so?

    Do you think discussing politics on immigration forum makes you more patriotic? Huh?

    BTW, I was not the one to give you bad comments... I just gave you red after reading your responses to my original post.



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  • eb3_nepa
    06-28 09:17 AM
    http://www.shusterman.com/pdf/aila-cis-vb.pdf


    Karthik


    Excellent link. Good research by Macaca and logiclife.

    A couple more things guys:

    1) Matthew Oh has been known in the past to be a BIT of a sensationalist. Remember this past weekend and his scare regarding the yanking away of AC-21 provisions for I-485 filers? So lets take whatever he says with a PINCH OF SALT! ;)
    2) Let us please stop these messages about how Jesus and the saints would get their GCs processed. It may very well be offensive to some of the Christian members and to some Americans reading the forums.





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  • DallasBlue
    07-03 07:52 PM
    primetime@abcnews.go.com; 2020@abcnews.go.com thisweek@abcnews.go.com ; nightline@abcnews.go.com ; tmoran@abcnews.go.com ; 60m@cbsnews.com ; arooney@cbsnews.com

    just now sent emails to the above, Request you all to do the same to bring their attention.



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  • tikka
    07-04 01:00 PM
    As you know, spouse and minor children's applications for AOS are filed with Primary Applicant. Minor children are those under 21 years of age. Once the child turns 21, they are no longer eligible to file AOS wih primary applcant. However, there is a Child's Protection Act that allows the time that it takes (# of days) to process the I140 to be subtracted from the child's age when he /she turns 21. Example - if it takes 128 days to process the I140, the child turns 21 but is considered 21 years minus 128 days. Provided you can file AOS in within 128 days of the child turning 21 then he/she is considered a minor.
    The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.

    MACACA - pls see your PM...





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  • mbawa2574
    02-15 01:43 PM
    You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
    REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.

    Cheers.

    Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane



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  • chmur
    02-13 10:37 PM
    Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.

    Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.

    Why don't you sue DMV or Michigan congress (if possible).


    If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.

    Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.





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  • copsmart
    09-24 02:19 PM
    WSJ
    Executive Editor
    a.murray@wsj.com

    WSJ
    Senior Editor
    darren.mcdermott@wsj.com

    MSNBC
    letters@msnbc.com

    NBC
    today@nbcuni.com

    Roll Call
    Editorial Department (http://www.rollcall.com/cgi-bin/udt/fdc.collector?client_id=rollcall&form_id=maileditform)



    CNN would trash our email or forward it to Lou anyway, so not included in the list.



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  • jayleno
    07-21 06:17 PM
    I'm enjoying this thread more than I enjoyed the predictions one. I'm imagining a qucikstar star reading this thread and smiling to myself. My wife thinks I'm reading a joke on the internet.

    Keep them coming guys.





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  • sh2005
    02-12 01:32 PM
    I am a little unclear on all of the retrogression ect. But can someone please explain how EB3 ROW can be retrogressed and not use all of the visa numbers in a year? That doesnt even make sense to me? Would someone please shed some light?

    I have the same question. State dept advances the date just so that the available visas are used up for that category by the end of the fiscal year. If a category is retrogressed, then it can't really be "undersubscribed". Maybe there's more to it than what meets the eye here?

    The following was listed at the bottom of the page in the March VB in state dept's website:

    The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.

    In the past, state dept guesstimated the demand for visas and changed the dates accordingly. Now that USCIS has almost everyone's I-485 application (those who were able to file by August 2007), logic would dictate that the state dept calculates these date movements based on feedback from USCIS. But maybe that isn't the case. Does anyone have any insight on this?



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  • gimmeacard
    07-28 03:54 PM
    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!

    can you share your Tax stmts from Amway? you can hide the key Taxid # and address, leaving your name there... lets see it?





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  • lazycis
    02-14 05:17 PM
    Another prove of government misconduct is violation of regulations

    In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”

    I doubt these regulations were followed in thousands of delayed I-485s.

    http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3

    We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court

    http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf

    "For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."



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  • jonty_11
    10-17 02:51 PM
    Anyone aware if one of the spouses has had a shoplifting offense in Singapore, how does that affect the Canada PR process? The offense was 6 years ago, I read on cic.ga that you can submit an application so that they may ignore it...for Canada PR, if its been over 5 years since your last offense and no other history of conviction.

    Any pointers would help!





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  • msp1976
    02-18 10:12 PM
    I understand that there is concern about people from visitor visa category (Tourist B1 B2)would be filing for green cards and that shall cause the retrogression to be perpetual...a few adjustments to the applicable statute can rectify that...



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  • another one
    09-23 06:32 PM
    The congress is fully occupied with the housing issue right now. Should we sent to all congress members instead of a selected few?





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  • mbartosik
    12-13 05:43 PM
    When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)





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  • abracadabra102
    09-04 10:10 AM
    breddy2000,

    You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.

    Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it�s appropriate.

    As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.

    His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.

    Yes, will do whatever I can, humbly. In fact it is India�s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.

    I do not think you understood the meaning of my words correctly.
    If you are a friend of YSR, you won't find a better friend than him and he will go out of way to help you. If you are his enemy, be prepared for consequences. This is also the motto of US Army and its origin is attributed to what a famous roman general once said of himself.

    "No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full"

    YSR is a very successfull CM. He delivered what mattered most to the poor people. Some other states like Tamilnadu are introducing some of his schemes like Rajiv arogyashree. More than 30 people died after learning that he is dead. Very few people can inspire that kind of reverence and affection. He may have his short comings but he achieved more than most can dream of.
    It is silly to quote corruption every time you discuss politicians. Show me any major politician of consequence who did not face corruption charges at some time or the other. It is always present in one form or the other since the beginning of politics. We are all watching what is happening with healthcare reform bill here and how powerfull insurance industry is influencing it's outcome.
    And who is making these allegations? Surprise, opposition parties and some sections of media that are opposed to him.

    His death is definitely a loss to the state. We need competition among politicians and that competition existed between YSR and Babu and I like both of them. Between the two, I think AP progressed overall.





    softcrowd
    05-29 10:31 AM
    So, based on this prediction - Eb2 may not even cross year 2004 by end of FY2010 quota...Is my understanding correct?





    nomi
    09-29 11:00 AM
    I got my Canadian PR and I have to land before 3/12/2007. My H1 B VISA STAMP expired on
    8/30/2006. I got approval from another three years from USCIS but I need to go for visa stamping. I don`t want to go for US Visa stamping coz last time it took my one month for all background checks. I am avoiding for US Visa Stamping but I want to land in Canada in order to secure my Canadian PR.So any I use automatic revalidation provision of 22 CFR � 41.112(d) and come back with valid I-94 and without H1 B visa stamp from US consulate

    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html#



    Any one can help or guide me what is safe to do ?

    Thanks