amsgc
05-28 07:42 PM
Here is what I would do:
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
wallpaper Seat Leon 2011: New
McGuffin
02-23 02:17 PM
Yeah, I need a set done date, I might not be able to get this one done.
Hassan11
07-02 11:15 AM
This is a sad sad news
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
CA/VO: July 2, 2007
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
CA/VO: July 2, 2007
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pappu
06-11 03:25 PM
Pappu,
Is there a way to know the list of the states the mail was sent to. As you know it is very important for these mails going to all the 50 states in huge numbers.
Thanks,
Rayoflight
The mail will only be sent to your US Senators from your state.
Is there a way to know the list of the states the mail was sent to. As you know it is very important for these mails going to all the 50 states in huge numbers.
Thanks,
Rayoflight
The mail will only be sent to your US Senators from your state.
more...
chanduv23
02-17 11:17 AM
I am volunteering to coordinate the collection and redemption of airline miles.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
Great Vin. I would be glad to see you there. I am also reaching out to some old members who did this earlier and see if they can do any help in any possible way.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
Great Vin. I would be glad to see you there. I am also reaching out to some old members who did this earlier and see if they can do any help in any possible way.
Winner
04-07 10:45 AM
it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
------------------
no comments from anyone regarding the above ?
You keep posting the same thing over and over again. I remember some questions some of the members asked you and I guess you conveniently ignored it.
Let me remind you those questions.
1) Why did you not contribute to the funding drive?
2) If IV core team agrees to work on everything you want, what are you willing to do? What will be your contribution in terms of time, effort and money?
If you have a plan where we can make something happen, please make a detailed document on how you are planning to achieve the objectives and send it to info@immigrationvoice.com. If you plan makes any sense, I'm sure core will be happy to work with you.
------------------
no comments from anyone regarding the above ?
You keep posting the same thing over and over again. I remember some questions some of the members asked you and I guess you conveniently ignored it.
Let me remind you those questions.
1) Why did you not contribute to the funding drive?
2) If IV core team agrees to work on everything you want, what are you willing to do? What will be your contribution in terms of time, effort and money?
If you have a plan where we can make something happen, please make a detailed document on how you are planning to achieve the objectives and send it to info@immigrationvoice.com. If you plan makes any sense, I'm sure core will be happy to work with you.
more...
krishjack
07-03 02:25 PM
Contributed $100 Yesterday
2010 2011. new seat leon 2011.
Macaca
04-04 04:08 PM
IEEE-USA has recently changed their site. Earlier their title was H1B visa. Now the title is Immigration Reform.
IEEE has a huge number of Indian, Chinese and Korean members. I would not be surprsied if > 50% members are immigrants.
I have not heard that Programmer's Guild/Lou Dobbs supports IEEE-USA or vice-versa. Please let me know if you have a reference.
IEEE has a huge number of Indian, Chinese and Korean members. I would not be surprsied if > 50% members are immigrants.
I have not heard that Programmer's Guild/Lou Dobbs supports IEEE-USA or vice-versa. Please let me know if you have a reference.
more...
ewana
08-22 10:38 PM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
hair Seat Leon (2011)
gsc999
04-20 05:23 PM
I have already called seven members who have been active lately. I don't have other phone numbers. If you still need people to call. Let me know. You can PM me
more...
ronhira
04-11 06:05 PM
Good point. I appreciate your hard work.
This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)
GRANDFATHERED DERIVATIVE FAMILY MEMBERS
Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo
Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.
An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.
Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.
The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.
An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.
"Aged-out" children
Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.
Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:
(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.
hypocrisy as its best...... need another quote from gandhi....
u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....
This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)
GRANDFATHERED DERIVATIVE FAMILY MEMBERS
Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo
Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.
An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.
Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.
The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.
An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.
"Aged-out" children
Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.
Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:
(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.
hypocrisy as its best...... need another quote from gandhi....
u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....
hot 2011 SEAT Alhambra
EB3_SEP04
05-26 05:46 PM
When I was working in Kuwait, me and every one carry Civil ID, all the time in the wallet. If some one don't have, the police will take him to the station ....
I am glad you are not in Kuwait anymore :) and I am also glad I am not in India anymore... No offense there...just want to underscore how much i love civil liberties, freedom and basic human rights.
I am glad you are not in Kuwait anymore :) and I am also glad I am not in India anymore... No offense there...just want to underscore how much i love civil liberties, freedom and basic human rights.
more...
house New Seat Leon Curpa (thank
memyselfandus
09-20 11:11 AM
by the time I realised that I should have bought the .org domain; somebody already bought it... I am already forwarding the LegalImmigrationVoice.com clients to immigrationvoice.com
Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.
Can you please get that registered as well?
Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.
Can you please get that registered as well?
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shantanup
10-28 01:44 PM
Finally, notarized and faxed the letter today.
more...
pictures The JE DESIGN Seat Leon FR
a_paradkar
07-25 05:00 PM
Do you need an EVL if you are just sending in 485 application for your spouse.
My 485 was filed in Sept 2005?
Kind of confused. can someone answer that?
My 485 was filed in Sept 2005?
Kind of confused. can someone answer that?
dresses The new Seat Leon 1 P “FR”
vivekm1309
07-17 03:28 PM
let us keep fighting /exposing these liars.
Great ..the tax related point has been removed. I did write to them that my lawyers will be contacting them with proof my tax returns.
Let us attack more points ...finally they will shorten this fax message to one point ...:)
Great ..the tax related point has been removed. I did write to them that my lawyers will be contacting them with proof my tax returns.
Let us attack more points ...finally they will shorten this fax message to one point ...:)
more...
makeup The new generation of Seat
johnamit
06-13 10:19 AM
I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.
Please check this out...might give you guys some hope and laughter :)
immigration_the_human_cost (http://www.theonion.com/content/video/immigration_the_human_cost)
Please check this out...might give you guys some hope and laughter :)
immigration_the_human_cost (http://www.theonion.com/content/video/immigration_the_human_cost)
girlfriend JE Design SEAT Leon 1 P FR
snathan
04-06 08:52 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
Are you sure...is it your friend and can you disclosed his details to IV. Or friend's friend's.....friend?
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
Are you sure...is it your friend and can you disclosed his details to IV. Or friend's friend's.....friend?
hairstyles SEAT Leon (2011)
pasupuleti
04-20 04:20 PM
Thank you Sanjeev. That will be very helpful.
I will send my phone number as pm.
I will send my phone number as pm.
desi3933
01-30 03:26 PM
Ok now I am very very confused :confused:
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
Googler
02-20 02:54 PM
I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:
And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."
I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."
I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
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