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Ramba08-07 02:09 PMFirst let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:

We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...



This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system

By the way: If any one is interested, I know of three such consulting firm that can do for you for a fee.

Though, it is unfair one can not do legally, as long as USCIS recoconoze the the job offered at desi consulting companies are genuine and real "fulltime permanant job". They may be gaming the system..it is their model of bussiness to make money..and it is well supported by lawyers, lobbyists and ofcourse benefit seeking employees. You cant break this strong wall before the uscis. You should have witnessed how much resistance they created when DOL/USCIS abolished labor subsitution. In nut shell, if you close one loophole, they will find another. You are in wrong forum..



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Madhuri06-18 12:58 PMAnswering my own question. According to my lawyer if I use EAD, I can not use H1/H4 stamp in the passport for travel as it is no longer valid.

Hi
I also have the same question as bindas74. We both have our H1 stamped till July 2009, only my son does not have it stamped.
So if we don't apply for AP now and start using EAD and then travel outside of US can I still come back on my stamped H1 visa?

Any help appreciated.
Thanks,
Madhuri



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anai01-16 09:05 AMTill now I do not see any one voted up for this. It is very sad that our own community is not supporting this. If you are not able to search for it in change.gov, give the complete title and see.
Citizenship if you have lived legally in this Country for 10 years continuously (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel)

Guys Vote... Vote ... for us, for our kids....

Great effort Saralayar. I just voted. Vote for this, everyone. This is the least we can do get on the radar. There are so many voices crying for attention --- please vote so that we may be heard.

It is very easy:
1. Go to http://citizensbriefingbook.change.gov/home
2. Register, by clicking on "sign in to get started now" (very quick --- no email verification steps, etc.)
3. Search for "Citizenship if you have lived legally in this Country for 10 years continuously" (without quotes), in the "find an issue you care about" search box
4. Vote by clicking on the up arrow.

Post a quick comment as well. This way we will draw more attention to it.



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Honda09-24 10:47 AM28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
28.6%/5 = 5.72% for EB2-India + spillover from EB1
28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


Each category is 28.6% WW Quota.

WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

Based on page 1, I do math as under for Philippines categories.
-------------------------------------------------------------------------------------

1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
11784 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
over to EB3.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
of other countries.


Based on page 3, I do math as under for ROW categories.
------------------------------------------------------------------------------

1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
8033 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
over to EB3.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
still be pending and pushed to year 2011.

Based on page 4, I do math as under for China categories.
-----------------------------------------------------------------------------------

1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
Total 10924 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
year 2011 with pending approval.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
of other countries.

Based on page 5, I do math as under for India categories.
-----------------------------------------------------------------------------

1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
11374 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
pending for year 2011.
5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
and pushed to year 2011.

Based on page 6, I do math as under for Mexico categories.
-----------------------------------------------------------------------------------

1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
Total 11692 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
EB3 category.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
of other countries.


TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.


Excellent Analysis.

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BharatPremi09-24 01:37 PMThis maths makes good sense. Thanks for your time for preparing this and posting it.

Thanks.



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ashres1109-20 12:35 PMAssistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV

I would appericiate, few more people can send an email.

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voicerj03-30 04:21 PMI wish it should be current or atleast near to current.

Absolutely, the chances for movement to June 2007 is bright but not in May. One of the old models did predict August 2007 by Sep 2011. And then it was noticed that EB3 porting was not properly accounted for in the equation (only 150 per month was accounted). Thereafter, it was stated that Eb3 -> 2 porting is at least 500/m (which I thought was quite a bit). This burden in the model dragged Aug'07 predicted movement date to Nov'06. Now that 12000 EB1 spillover is being claimed, this would account for and balance even 1000/m Eb3->2 porting. Therefore an August 2007 PD by Sep'11 is a good possibility. But the visa bulletin has it's own brains.

A

But the visa bulletin has it's own brains. - I like this dude !



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anura03-30 12:10 PMvdlrao
That sounds about right and realistic. On the other hand I think the movement will be more. I mean if DOS just moves the dates by 4 months after making such a big announcement ...WTH??
And I thought DOS is gonna move the dates by ONE year into June 2007...ha ha ha...

Absolutely, the chances for movement to June 2007 is bright but not in May. One of the old models did predict August 2007 by Sep 2011. And then it was noticed that EB3 porting was not properly accounted for in the equation (only 150 per month was accounted). Thereafter, it was stated that Eb3 -> 2 porting is at least 500/m (which I thought was quite a bit). This burden in the model dragged Aug'07 predicted movement date to Nov'06. Now that 12000 EB1 spillover is being claimed, this would account for and balance even 1000/m Eb3->2 porting. Therefore an August 2007 PD by Sep'11 is a good possibility. But the visa bulletin has it's own brains.

A

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PlainSpeak04-06 08:32 AMAnd their news page has also changed to reflect this "modest" movement (previously it stated - "the movement will not be weeks or months but could be years")

On both extremes, it's nothing but just an attempt to generate traffic to the website I guess.

Interesting that he claims - the modest movement will be because of the 7% country cap. In my understanding, it does not apply when spiilover happens (plz correct me if I am wrong)


Yes you are right ..

Country caps are not followed or implemented in spillover visas. Why do you think EB2I moved to May 2006 last year July 2010



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logiclife02-04 01:39 PMhttp://tracypress.com/2006-02-04-nation-one.php

The last line in this article may mean something for us.

Hopefully. Let's see if this point is driven to congress by March 27 when they sit down and think "IMMIGRATION !!".

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ujjwal_p01-05 05:38 AMThis is TRUE and a Very Valid One. And this the time for such a bill.

I agree. IV Core should add this as a priority item in addition to the recapture and other issues.



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belmontboy09-23 05:17 PMI am sure they are PDs ..see sudden spike in mar 2005. If it was ND or RD you would see that spike in Jul - sep 2007

they are RD's not PD's

IF they were PD's we shouldnot be seeing anything after Jul 2007 [as those were the farthest PD's ever reached].

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gc4me11-10 11:39 PMFor more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html

I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences

01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that

02. Submit current dated EVL for your new employer. No issue. we can answer that

For my wife also asking for 2 evidences:

01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.

I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.



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jcrajput09-25 12:25 PMYou don't need A# number from I140.
When you give First name, last name and birth date. They can pull all your immigration applications submitted previously. If you have I140 approved that will show them in database.

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MeraNaamJoker08-16 10:04 AMI Have opened an SR on Aug 6th and then sent an email to TSC followup . I got a response from them on friday " We are currently researching this situation and will contact you with an update." HAs anybody this kind of response?

Thank you

I had created two different SRs, one for myself and kids and one for my wife. The SR which I created for my wife got a response with Card Production Ordered and for the SR I created for myself, the status in the response was "currently under the review". The date was one day before my CPO mail date.

I guess you have nothing to worry. This seems to me as a standard response.



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ssa08-21 02:51 PMThere is no mention of apology in past bulletin. Any other doc you are aware of?

I gave you a green. Hope it makes you happy

Here is the link I was referring to in my earlier post: http://immigration-information.com/forums/blog.php?b=13

I'm not sure whether USCIS ever *appologized* per say but the second paragraph from the link above supports my earlier argument that the new spill-over policy (which in my personal opinion is more rational) is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.

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apnair200202-04 04:10 PMSince January 2006, the nation's Capital has been fairly quite on immigration news for a number of reasons. Firstly, the comprehensive immigration reform legislative bills were planned to be tabled in February 2006, but reportedly this has been pushed off until March 27, 2006. Secondly, the New Director of Citizenship and Immigration Services took office last months. Additionally, the career immigration benefits leader, William Yates, retired and new acting director took over the immigration benefits management responsibility. Understandably, when the heads of the organization change, pending review of the policies and directions, the organization's activities on policy making usually remain on halt.
As opposed to the immigration benefits issues, there have been flurry of news coming out of all sources throughout the country relating to the immigration enfocement and border security initiatives. There are sporatic and increasing reports that ICE has swifted the enforcement policy from leniency to reinforcement over the illegal aliens despite its inability to keep up with expanding detenion facilities to house the detained illegal aliens. The ICE has just announced that it will cease the practice of arrest and return of the border crossers and enforce detention of such border crossers. There were reports that ICE officials stopped certain traffics in certain locations in Minnesota to demand legal documents and enforced illegal immigration action against the detected illegal aliens.
Until the immigration legislative activities are recharged and energized and the new CIS Director has a handle on the immigration benefits policy and management direction, it is expected that the nation's capital may remain in low key for a while when it comes to the employment-based immigration.
source http://www.immigration-law.com/



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nkalpana02-06 10:14 PMI am very sorry to hear this. It should be a rare case that you have got 221g after your visa has been approved by visa officer.

Approach the consulate with your email, and they might give you a questionnaire to fill up. It must be regarding some additional documents being required.

Dont worry, you will come through!

Regards,
NK



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cbpds04-05 04:51 PMIf I am not wrong, buffering wud be to take in new 485 applications, process them and keep them ready.

In that context, most of the applications till 07/07 have been preadjudicated, new buffer wud require dates to be pushed to 07/07 or later.

If they add EB2ROW Fall across numbers(6-8k) from first 6 months it will be 20K towards EB2IC backlog. USCIS may need buffer since all pending cases are not pre-adjudicated and some cases will be denied.

20k can clear all back log until 01-JAN if they need buffer they can move to 01-MAR-2007( 2 months or 5k) or 01-MAY -2007 (4 months or 10k), worst case can go to 01-AUG-2007(7 months or 15k)! my guesstimate.;)



apnair200201-21 10:35 PMThis is the Chuck Hagel Bill that was put forth 10/25. No further action has been taken since.

Specter's bill will prolly include some sections of this bill.

01/21/2006: Republican National Committee Resolution: Support Legal Immigration & Guest Worker Program, Oppose Legalization

Report indicates that the Republican National Committee voted on 01/20/2006 to back the Bush's call for a guest-worker program, and adopted a resolution that calls for continued "legal immigration," criticizes illegal immigration and endorses a "new work program for foreign workers," but states there should be "no amnesty for those persons presently in the United States illegally." Read on.
There are several Comprehensive Immigration Reform bills pending in the Senate. The Senate is expected to return to the Hill next month and the specific agenda for the debate of these conflicting bills have yet to be announced by Sen. Bill Frist. He previously announced that these bills would be tabled for the debate in February. Please stay tuned to this website for the upcoming comprehensive immigration reform debates in the Hill. These bills are expected to bring a reform in the employment-based immigration increasing the employment-based immigrant visa numbers substantially. There are no strong opposition to this part of the comprehensive immigration reform.

http://www.immigration-law.com/



chanduv2311-03 05:08 PMcheck out my blog on AC21

http://immigrationvoice.org/forum/blog.php?b=12