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martinvisalaw

07-28 11:06 AM

RFE is requesting information about Section 212 of Immigration and Nationality Act. How big of a trouble am I in?

That depends on whether you were subject to a 2-year home residence requirement because of being in J-1 status. If you were subject to this requirement, and didn't fulfill it or get a waiver, you need to do one or the other before you get permanent residence approved.

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n2b

02-05 12:10 PM

Thank you both for the responses.

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sanju_dba

05-06 11:02 AM

Hi All,

I need to travel urgently to India due to some family issue and my EAD is expiring in Aug 2010. I need to apply for my renewal before I fly out this Sunday since I will have to be in India for 30 days. Can I e file my application from here and send the supporting documentation by Saturday? If so, I want to make sure that if for some reason, I get a biometrics appt., while in India, how can I postpone it? and also there won't be any issues with my EAD renewal app since I will be India and My I 94 will change once I am back.

Thanks for all your responses.....
I think it should be OK!
-> i guess there is a provision to delay your FP if it arrives for any reason, any of your representative here can scan and let u see the contents , there will be a phone to call and postpone.
-> if you are C9 category ( 485 in EB category ) , you donot need i94 number , you need alien number.

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sbay2006

07-12 05:38 AM

Hi All,

I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed.
My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.

Please let me know if anyone of you have done the change of address and share your experience.

Thanks!!!
Call the 1-800 number and navigate to an rep via the POJ method.. You can verify you address with them.

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ashrock11

05-11 01:41 PM

I think you should get it extended. Its a back up for your EAD if you are working in the same company. It does not affect your current 485 process.

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ravikatiyar

07-07 08:40 AM

hi, My Lawyer says that texas SWA gave him a figure of $ 105,000 annual salary as a prevailing wage for 5 years experience java,j2ee guy. After discussing with people who have already filed in EB2 i get the feeling that this is too much amount and the wage requirement is somewhere between 80-85,0000. My lawyer is trying to downgrade me to EB3. I want to contest his claim but I am not sure what mistake he has made. What questions should I ask him to figure it out. Any help would be great.
Ravi

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saileshdude

09-03 03:53 PM

Sohilbt,

What is the method of contacting them ? Do I call them or send some fax. Also is there any specific person I need to contact in their offices? Can you give details about how to contact them?

Thanks.

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veni001

05-12 06:46 AM

I think you are talking about labor certification, but how about I-140

I-140 is specific to PERM labor to the location. If the employer do not apply I-140 within 180 of PERM labor approval that PERM labor will expire.

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Born This Way - Special

2286743

06-27 08:57 PM

Hi All,

I would like to know if i can file multiple 485s being primary on both ?

Here is my current status ...

1. Company A sponsored my GC and the priority is Oct'03 (never worked for this company)
2. Company B sponsored GC (priority Nov'05). - Currently working for this company
3. Both are EB-3
4. Applied 140 & 485 thru concurrent processing (Company A) in 2004
5. Now that all the dates are current, I am eligible to file 485 (Company B)

So my question is can i have two 485s filed ?

First case is future employment case but has '03 priority
Second case is more strong, but with '05 priority.

I am confused, what to do now.

Any advice is appreciated.

Thanks

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needhelp!

09-21 01:17 PM

Your idea is good. I can participate.

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agaballa

01-29 02:43 PM

Here is the situation:
I-485 is pending
H1 Visa will expire on July 31, 2009 (extension is being filled now)
AP is pending for 6 months with no end in sight...
No EAD

Need to travel in end of June for a month:
my question is
Can I travel on AP when my H1 petition is pending?? (I do not expect that I will get it before I leave, it took more than 6 months last time). I read in many places that if you apply for H1 petition you cannot leave till it is approved, is that true???
Thanks

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keiryu

10-08 01:57 PM

have your friend look or ask for where the nearest USCIS office is with a deferred inspection office. they can fix it there.

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fall1998

05-17 09:12 PM

Is everyone getting approval without case being transferred to other service centers?

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gcsim

12-09 02:17 PM

Sorry this is a non-immigration related post.

I wanted to share this YouTube video -- it's just too good.

http://www.youtube.com/watch?v=leWtDE4pFhw&feature=related

Oh man its so funny I was rolling on the floor....keep the good work going ;)

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hyddsnr

05-27 11:50 PM

Hi,

Got a 1-797 Notice of Action today in Mail for my pending I-485 and the Notice Type: WELCOME NOTICE: SECTION: Adjustment as direct beneficiary of immigrant petition.

In the details section it says" Welcome to United States"...your application for permanent residence has been approved...we will soon mail you a new Permananet Resident Card....


HOWEVER, the online status still shows "Case pending" and NO LUD update.

1. Any reason to get concerned as the online case status still show it as Pending altough I see approval in Mail Notice?

2. Should i call customer service?

3. How long typically the card in mail takes?


Congratulations!!!
Online updateds are done in batch jobs in the night.
So i guess you should see change in online status tomorrow if not call customer service.

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edaltsis

10-14 07:42 PM

Don't have to mentioned N/A in each and every field. You can just leave them blank, it wont be an issue.

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skothuru

06-21 03:22 PM

You just need to fill up the first page & the rest 3 pages would be automatically filled. That's how we did, you can still check against this.

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martinvisalaw

10-13 03:20 PM

The documents you need to be able to legally marry depend on the rules where you intend to get married. It is not really an immigration question.

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superdude

07-31 06:56 PM

Great Work
Guys,

I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.

Leave a comment at the blog and let me know what else could be improved.
http://immisearch.blogspot.com/

Also find out what people are saying at other threads..
http://immigrationvoice.org/forum/showthread.php?t=11235

-Vikram

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sunny1000

02-21 10:57 PM

I know that PERM labor gets expired if one does not file I-140 within 180 days of labor's approval date.
I am wondering if DOL has any procedure to revive expired approved/unused PERM by filing some sort of request/appeal or by paying some sort of fees etc. or if not ,then one files a new PERM by referring the old unused approved labor for the same job and same person then DOL can give an expedited approval.

They give 180 days to file...what stops the person from filing for the I-140 within the 180 day window in the first place? Are you talking about labor substitution? If so, they got rid of it because of extensive abuses and so, don't count on it.

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rameshk75

02-28 02:29 PM

Any suggestions??

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images #39;The Voice#39; contestants Emily

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drona

07-10 12:05 AM

The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!

http://blogs.ilw.com/gregsiskind/

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simple1

05-01 03:27 PM

I repeat to avoid misunderstanding.
This thread tries to findout the correct interpretation of current law.
I am not proposing any change or correction of law. No lobbies or congress involved.

I also strongly believe families should be together and they will be ( as no one will be affected ).

It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.

However.........

I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.

Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.

If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.

As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.

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reedandbamboo

09-13 11:38 PM

I share your concerns .. please join us in first trying the non-legal way .. we have a letter composed and we are going to send it out on monday .. check out the thread "Lets get organized"

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nashim

06-01 06:32 PM

Hi Gurus,

I have couple of questions regarding my AC21 portability, please post your thoughts on this.

My I485 was filed in July, 2007 based on approved I140 (EB3 India). Now I have new approved EB2 PERM labor from same company and I am also working for the same GC sponsor company and planning to interfile to my existing I485 so that I can capture old PD in to EB2. My question is,

1) Can I invoke AC21 immediately after interfiling or do I need to wait another 6 months after interfiling?

2) Will there be any impact on my old I485 application in case of interfiling denial?

thanks

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The Voice Contestants April 26

man-woman-and-gc

09-16 12:02 PM

Someone reading the thread for the first time should be able to figure out what the plan is.

man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?

GCSTATUS...Can u please update the First Post...can u plz paste the text detailing what we are doing here...people looking at this thread for the first time may not be able to readl all the posts..

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the voice contestants raquel

shantak

02-04 08:39 AM

mine is July 2007 and im in Richmond, State of Virginia. Local ASC that would be processing my FP would be Norfolk.
Thanks
Hi,

What is your 485 notice date and which state are you residing?

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ilikekilo

05-23 07:44 AM

SENT emails to all jsut now...Thanks IV for putting this 4 us. good luck 4 us

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#39;The Voice#39; contestants Emily

krishnam70

07-05 11:26 AM

Sorry - I had no idea what this thread was about.

Apologize, did not realize that fact. Can the thread owner please update the thread title and add some description.

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gimme Green!!

09-03 09:43 AM

we got I-140 and I-485 approval email on August 19th; Card production ordered email on August 21st; got the physical approvals and cards in the mail on August 25th - whole thing took a week.

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GCStatus

09-16 04:38 PM

I can pledge around 200-250 for this.

Go IV!!

Do it, Just do it

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kris04

06-26 02:19 AM

While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.

While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.

Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.

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

Hi:

Greetings for the Day!

This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.


Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension

Client for this position is looking for Only US Citizens

Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate


Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)

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

Most of these companies are small sub-contractors , if such companies hire an H1b visa holder then have to disclose financial strength for the visa sponsorship, look at the hourly rate it is offering . dont worry my friend it is implicit that this company is not a big viable one

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#39;Voice#39; Contestant Javier

VMH_GC

07-20 10:00 AM

The thread is growing at an amazing speed.

With the least advertisement there are people joining the thread to do their fair share.

Very impressed !!!


TOGETHER WE CAN GET THIS DONE TODAY

Small suggestion, Please extend this drive until monday, lot of people might contribute on weekend.

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the

05-05 11:00 AM

Today I spoke to a Representative who deals with immigration issue at Sen Mike Dewine's (R-OH) office. I spoke to him for 15 minutes to understand what he and his senator think about this CIR.

Here is he and his senator feels about this bill. It is difficult for him to say that when CIR bill will be introduced in senate floor . It depend on Majority and Minority leaders to decide. Majority leader told to the media that he will introduce before the end of the may, he is mostly consistent, but there are several bills where he has committed a timeline and till today it is not on the floor.
However he told that once CIR pass, legal immigration is already taken care of, but if it does not passes there are bills like SKIL which will be put before the floor. But CIR has to fail or pass before you see this SKILL bill on the floor.


This might be kind of tricky. CIR might neither pass nor fail in the Senate but just being shelved. If that is the case, SKIL might never come to the floor

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aroranuj

02-26 08:50 PM

Just made a contribution of $51 to OUR cause. Unique Transaction ID #7EJ0507917662511X

Guys, can we please keep this thread for DONATIONS ONLY...

Thanks.

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sledge_hammer

01-30 05:01 PM

Everyone does apply through a body shopper which is not right.. but is there a way out.

If no one is ready to give you a job, then LEAVE to your home country! Period! No one forced you to come to this country. And if you do not have a job then no one has invited you here. You are on your own! But if you want to stay, then abide by the rules. Get yourself into another visa status.

What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!

The morons taking the high moral ground need to make a reality check. let me state that i came here on F1 did my master's and got a job. so i'm not one of those sleazy guys who bent the rules according to these morons.

there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...

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aadhye

09-10 09:41 AM

Filed 3rd July at Nebraska.
No receipt yet.

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gccovet

02-12 10:52 AM

bump^^^^^^^

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svgupta

05-23 12:43 PM

For those of you, who are still just browsing through the threads... wake up... this is the time when you can make a difference to NOT just your life... but others as well... who would thank you for your sincere efforts in fixing the broken immigration.

- Send emails
- Contribute
- Focus on burning issues, by avoiding to start a new low priority personal opinion threads/ seeking advice. You'll have all the time in this world later to have your personal queries answered

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shukla77

11-21 01:14 PM

Mehul,
I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.

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smitin_2000

09-09 07:19 PM

visa bulleting indicates what is going to happen to EB3-I for 2009-10 year, in next 3-4 months it will again become U, with date around Nov'01, and that's it, unless CIR get passed (don't know when........) with some urgently needed fix for EB category, it is hopeless atleast for EB3-I folks

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gccovet

02-10 02:25 PM

With sujijag's 50, needhelp!'s 25, and gccovet 25.00

we are at $1144.00

Bring it on!!! keep on going.


GCCovet.

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optimystic

03-26 02:04 PM

Just a silly question popped up in my mind...

Doesn't DOL have a directive telling employers, they have to try to recruit US Citizens first, and only if they do not find properly qualified US Citizens they can go on to search for people having 'other work authorizations' . Isn't that the whole basis for the approval of our Labor certifications in the first place???

So can the employers not use that directive as a legal loophole and try to prescreen the candidates and ask them whether they are US Citizens or GC or EAD or H1 and so on... as a hidden ploy to figure out whether you are GC or EAD while externally they can still put on a facade that they are just strictly following the legal directives that DOL has laid out?

Doesn't this 'Try to hire US Citizens first' policy of DOL in total contradiction with the I9 statement of 'no discrimination based on work authorization' ???? I am a bit confused here :confused:

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ilwaiting

06-29 05:41 PM

Conspiracy? DOS is part of bush administration. And since the president is dissapointed because of CIR. He wants a back lash from immigrant community?

It is going to be true. otherwise mathew wont shut down his work and post that AILF is going file law suit.

I am suspecting that they made current because of lobby made by some big heads inorder to get support to pass the immigration bill.
Since the immigration bill failed, DOS is going back to retrogression.

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gc_on_demand

04-01 01:21 PM

I would not trust the lawyers in any of this, because their analysis will be superficial and not even close compared to what we see here. We have around 4-5 different folks here doing some really good sound analysis, so unless it's a lawyer known to historically make accurate predictions, I wouldn't care less about their say.

Lawyer is sharing info that some of their client have got fee invoice from NVC. I have done family based application through NVC for my parents and I know you get fees invoice almost 4 months prior to your GC interview date. So lawyer is thinking that NVC is thinking to go upto Nov 2007 in case if CIS fails to act on enough cases in last months.

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vxg

08-24 03:52 PM

It will not work in case of power failure unless you have UPS back up for your modem. You will need standard landline to work with Brinks. I would advise to get cellular backup and make that number is first number to call in case of a break in. Burglars generally cut phone line when they become aware of security system. There have been some complaints where security companies just called the landline and since you didn't answer they left a voicemail. Logically they are suppose to all cops.

I have a cell backup and Brinks has called my cell when no one answered home phone. So if there is a power failure, the system may not send and alarm to Brinks when a break in occurs not sure? Does it uses a phone line to send the alarm to Brinks etc?

How is the call quality when you are using internet heavily for downloading?

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nishant81

11-06 03:02 PM

If they were submitted on 8/30/ and it's not cleared yet and your derivatives are cleared then more than likely you are stucked, there is some probability that you might be cleared in few weeks depending on number of hits generated against your name and avaialibility of the documents needed to be refered by fbi to clear you. However you dont need to worry much because now a days fbi seems to getting work lot faster then it used to. Also since july fbi has increased the fees that they charge USCIS to do the check which has increased the staff at NNCP and so the efficiency. I would suggest for you to wait 60 days and try again. Hopefully you have good news. I have been waiting 35 months.

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obviously

07-09 06:41 PM

IV Core - Urge you to publish a PRESS RELEASE tomorrow to build upon the current message.

Thank the Director for acknowledging the grassroots democractic process currently underway. Acknowledge your genuine happiness that these flowers will find a new home where they will cheer up and provide company to young men and women who are preserving and protecting great ideals of democracy. This is a clarion call to keep the pain and frustration of high skilled legal immigrants in mind when formulating and executing aspects of legislation and public policy for legal immigration.

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dalssunil

09-19 08:57 PM

Dear dreamworld,
First of all thanks a lot for your reply and i further have some question if you could please help me understand that. the situations is that I have given my New I140 (EB2) to my lawyer and all he did was took a copy of my I485 receipt notice and said he will send that to USCIS. My PD on EB3 is Feb. 2003, how would I come to know if my EB3 PD was ported to EB2 by that I mean to how I would come to know if my I485 was ported to EB2 and still have PD of Feb 2003...

Thanks In advance�

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Dhundhun

10-02 04:09 PM

USCIS has become efficient, by this time all (or most) of the EB2-I visa might have gone. I am wondering any 2005 approvals?

Basically this would give some idea, what to expect in Nov.

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diqingshen

06-29 03:55 PM

I am not a member.

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logiclife

07-09 07:01 PM

Everyone, please use this thread for directions and SEND FLOWERS NOW (http://immigrationvoice.org/forum/showthread.php?t=6191)if you havent already done that.

The more the number, the more the media attention. Trust, me, the more media attention this gets, the more likely are chances of getting heard in congress.

The objective here was never to melt Gonzalez's heart with flowers. The media attention is precious and only YOU CAN MAKE A DIFFERENCE by sending flowers.

http://immigrationvoice.org/forum/showthread.php?t=6191

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srgadi

09-25 02:57 PM

I have had couple of LUDs on my cases (9/10 and 9/13) and nothing after that. The last time I gave my fingerprints were in Jan 2009, so I am sure they have expired. Should I proactively get the biometrics done (by taking an infopass and requesting biometrics notice) or wait for them to send me the notice?

Not sure if this will help if I open up an SR or take an infopass. Anyone got their 485 approved while their biometrics were expired?

My lawyer received a letter from USCIS asking for verification of employment and whether the position is still available and being offered to me. Once they respond, hopefully the approval will come through.

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ivar

08-20 11:21 AM

Dude, Are you joking.... Is there a link or something u can pass on... Dont be a DH....

BR,
Karthik

Karthik,

what is DH....? means

go to www.vonage.com and click on plans

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puddonhead

08-28 11:55 PM

My point is not everyone wud then leave Vonage and move to another service , thats how Vonage wud gain, again are u sure u read the complete fine print :P

Look up Bait and Switch (http://en.wikipedia.org/wiki/Bait_and_switch). If vonage intends to suddenly switch their offerings after gaining customers through misleading ad - then it fits the definition of Bait and Switch - which is clearly illegal in US.

So even if you leave aside the bad reputation from such a maneuver (which, in itself would be huge since their target consumer base is clearly immigrants - most of whom are savvy consumers) - Vonage may stand to lose a lot from legal fees and penalties if they try to pull such a trick. Class actions are not fun in US.

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logiclife

06-18 12:03 PM

W2's/tax returns are not part of the initial evidence USCIS requires to process your application but they may ask for it later if required

A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.

Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.

Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.

Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases if you give it a first look). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last.

So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).

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akred

01-24 04:43 PM

last i checked - there are plenty of flights between JFK/Newark and all major cities including Boston.

also - all airlines work on a hub and spoke arrangement

+1.

One thing to realise is that direct point to point flights will take a while, and even then there is no guarantee that you will want to fly it because it may not be economical or convienient.

And the absence of point-to-point flights has more to do with the airlines following a hub and spoke model than with any government restrictions. Point to point flights were identified as a core part of Boeing's product strategy only recently. The situation should improve over the next few years as airlines take delivery of new models, but until then we are stuck with the hub and spoke arrangement.

We were very satisified with Continental even though we flew Seattle->Newark->Mumbai.

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mohican

01-13 04:01 PM

I assume others have got this too...please share next steps. I assume MTR is one of them. I have attached the jpeg file.

What happens after sending letters to the ombudsman?
Is it necessary to have MTR before sending to ombudsman?

Mohican

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chanduv23

01-14 10:15 PM

I've sent the letters to the WH and IV. Hoping for the best.

I, however, have some questions for the senior members of the IV team. Especially for the ones who are active in the lobbying efforts in Congress and the White House. How realistic are the chances for Green card visa numbers relief, even for the longer term? It seems like there are immigrants from 2 countries - India and China who are adversely effected by the low visa numbers. If one is an immigrant for any other part of the world, it actually isnt that hard to get a Green Card thru employer sponsorship. That being the case, do you think Washington would consider this an issue that needs expedient resolution or for that matter an issue that needs a resolution at all?

Dont want to sound like a downer in this inspiring thread, but at the same time, any answers to my question will be greatly appreciated.

In this highly charged anti immigration environment, chances for direct relief could be 50 50. That said, it is possible that the administration is looking seriously into fixing issues in some form or the other.

We MUST keep trying and never lose hope.

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gans

09-24 05:41 PM

Are we missing another important information in the calculations here? Taken from the visa bulletin - "2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."

For example, in the case of India, there cannot be more than 25620 [7%(226000+140000)] + 7320 [2%(226000+140000)] = 32940 green cards/year (excepting the spill-overs) inclusive of family and employment based categories (and their different quotas).

I guess, unless we get the numbers for family-based applications, similar to EB-485 that has just been released, the conclusions are based on approximations and assumptions, although I wish to point out how much I have learned and appreciate all the analysis here.

Because, if there can only be 32940 green cards for all people (family + employment) from India in a particular year(excepting the spill-overs), the employment-based green cards alone are 1960(EB4) + 1960(EB5) + 8008(EB1) + 8008(EB2) + 8008(EB3) = 27944. Does it mean that there are only 32940-27944=4996 family based green cards for India/year (excepting the spill-overs)? And also, I believe that family-based has a higher priority than employment-based as a result of which the spill-overs are larger for the former.

Does anyone seem to agree with me?

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diptam

08-07 12:44 PM

These 2 folks SunnySurya and Rolling_flood attacked me with RED points because i said the truth on the other thread of "Lawsuit for Porting/Interfiling". Though i least care if someone anonymous gives me Red points but i'm worried about them.....

This is what i wrote in that post which was attacked , what's wrong in it ... Try to digest the truth SunnySurya and Rolling_flood - you can't scare folks like by words of Lawsuit....

............
Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)

If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC
..........

All,

Lets do another flower campaign to wish get well soon to SunnySurya and Rooling_flood. Get well soon Mamu...

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vdlrao

03-29 06:08 PM

Based on your calculations , Experts, please let us know what to expect, if 12000 GC are released for EB2. Where will the cutoff come and stop..
Can you please post that link that shows how many are waiting year-wise.

12000 GCs for EB2 India and China means, with out any doubt it fetches 5 months forward movement.

But at present scenario EB2 China is at 22JUL06 and Eb2 India is at 08 May 2006.

On an average EB2 India has a demand of 1.5k per month.

EB2 China has a demand of 700 per month.

So the EB2 India moves 7 months ahead where as China moves 4 months ahead.

So both EB2 India and China will have the same Cut Off dates and it would/might be: May + 7 Months = December 2006 .


This is my assumtion.

.

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CADude

10-12 03:20 PM

My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.

USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D

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