vjkypally
09-17 04:00 PM
October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.
But it could be September 2010 by the time it comes to March,2005.
But it could be September 2010 by the time it comes to March,2005.
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gondalguru
07-17 01:50 PM
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
Look at my prior post. I think spill over will happen every quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
Look at my prior post. I think spill over will happen every quarter.
soljabhai
12-13 04:15 PM
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
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extra_mint
09-15 12:26 PM
Totally Agree with your assumptions, there are few more that can be added like
Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.
Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications
In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.
However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady
I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
If they all makeup to 10-20% of applicants then the PD will move much faster.
Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.
Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications
In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.
However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady
I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
If they all makeup to 10-20% of applicants then the PD will move much faster.
more...
mirage
07-04 08:21 AM
One thing which is missing in the News article about this fiasco is they are sounding like some precedural hitch happened they are not sounding scandal, conspiratory, I mean their title should be like 'DOS plays joke on Legals', 'DOS arbitrary decisions hurt legals' types......
GCKaMaara
04-16 10:06 AM
OK, Its your opinion and that shows your civic sense. But why are you posting the same again and again?
Sanju has a sarcastic way of telling anything. Just ignore.
Sanju has a sarcastic way of telling anything. Just ignore.
more...
STAmisha
10-04 04:55 PM
STAmisha,
Once u sent ur application, did nt u have to go for an interview and then a Physical. Also, I have heard that to get PR stamped onto ur passport, u actually need to physically enter Canada. Kindly confirm?
I did not have interview. I had my interview waived.
Once all the processing is complete, they will ask you send you the passports. They will give you PR visas which will be valid untill 1 year from your medicals. You have to land before the visa expiry dates.Once you land in Canada, they will take a Canadian address to send the PR card to you. You can give friends address in Canada.
Once u sent ur application, did nt u have to go for an interview and then a Physical. Also, I have heard that to get PR stamped onto ur passport, u actually need to physically enter Canada. Kindly confirm?
I did not have interview. I had my interview waived.
Once all the processing is complete, they will ask you send you the passports. They will give you PR visas which will be valid untill 1 year from your medicals. You have to land before the visa expiry dates.Once you land in Canada, they will take a Canadian address to send the PR card to you. You can give friends address in Canada.
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acecupid
07-16 06:50 PM
This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)
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hazishak
02-15 10:52 PM
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
There is rules in every where in our daily life isn't there? You cant not sucide even if you want to.
There is rules in every where in our daily life isn't there? You cant not sucide even if you want to.
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okuzmin
09-30 04:29 AM
HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)
You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.
http://www.cic.gc.ca/english/citizen/becoming-howto.html
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)
You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.
http://www.cic.gc.ca/english/citizen/becoming-howto.html
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GCOP
09-23 01:07 PM
nixstor,
I sent PM to you. Can you please consider and include that in the proposal. Thanks,
I sent PM to you. Can you please consider and include that in the proposal. Thanks,
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unseenguy
05-29 11:50 AM
Yeah, but your 60k only includes AOS, not CP, right?
There are very very few CP applicants from India.
There are very very few CP applicants from India.
more...
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Ramba
02-12 02:25 PM
Yeah, Tell me about it!!!
Just two more months and mine would have been current!!!!
I wish your hopes comes true. However, one thing you should remember. There are many guys with PD before 2005 got stuck due to name check, particularly in ROW catagory. This big jump in PD for ROW and new name check clearance rule, will makes tons of 485s become eligible for approval in March.
As they mentioned in their comment, they may freeze the PD for ROW in APril or move back to 2004, depending on how many EB3-ROW gets GC in March.
Just two more months and mine would have been current!!!!
I wish your hopes comes true. However, one thing you should remember. There are many guys with PD before 2005 got stuck due to name check, particularly in ROW catagory. This big jump in PD for ROW and new name check clearance rule, will makes tons of 485s become eligible for approval in March.
As they mentioned in their comment, they may freeze the PD for ROW in APril or move back to 2004, depending on how many EB3-ROW gets GC in March.
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delhiguy
01-05 04:50 PM
Moderators , Pls delete this thread. Why is the thread posted on a immigration forum. :mad:
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munnu77
09-24 11:18 AM
I think we should send a copies of these mails to the various Housing Agents and other Housing related agencies.
I thibk they also can use their lobbies to work for this proposal as this would be helpful to their business too.
good Idea
I thibk they also can use their lobbies to work for this proposal as this would be helpful to their business too.
good Idea
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langagadu
09-29 10:26 PM
$700 billion financial bailout plan was thrown out.Now can you guys think any one will buy this idea. (I am EB-3 and stuck in the queue but still think this idea will not fly).
more...
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kshitijnt
03-29 11:20 PM
So am I , I'm sure so are may others on this forum and in India.
Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)
But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .
what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
Those politicians are making fun of law.They are using NSA to finish political opponents.
NSA is meant for nation's enemies not for politician's enemies.
During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.
Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
It happens only in India.
Precisely. I fully agree. This is not much different than what Zardari is doing to Sharif or what Musharraf has done to Sharif. Congress , BJP, BSP all together shown the world what kind of third rate democracy we are.
Although Advani does not sound more polished than Manmohan, until Sonia, Rahul, Priyanka & Varun are out of politics, I do not intend to support Congress party. On what basis is Sonia Gandhi running the country? Any qualifications? Advani is more acceptable as a real power holder than remote control Sonia.
Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)
But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .
what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
Those politicians are making fun of law.They are using NSA to finish political opponents.
NSA is meant for nation's enemies not for politician's enemies.
During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.
Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
It happens only in India.
Precisely. I fully agree. This is not much different than what Zardari is doing to Sharif or what Musharraf has done to Sharif. Congress , BJP, BSP all together shown the world what kind of third rate democracy we are.
Although Advani does not sound more polished than Manmohan, until Sonia, Rahul, Priyanka & Varun are out of politics, I do not intend to support Congress party. On what basis is Sonia Gandhi running the country? Any qualifications? Advani is more acceptable as a real power holder than remote control Sonia.
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kanakabyraju
09-04 07:56 PM
I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,
Indians are dogs and AP is full of mad dogs.
I am from AP and does not belong to either of the casts that people were fighting here.
I like YSR because of his leadership qualities. I like his guts, determination and down to earth personality. This is just his personality and I don't like the way he is spending money and all traps for poor people and making them beg. As many friends here are talking, he is corrupt, kills opponents and land mafia.
From all the posts I have not find a single person to mention JP from Loksatta. If we keep aside the feelings like state, language, caste and religion and encourage JP, we will really see bright India.
URL Here :: Lok Satta Party - New Politics for a New Generation :: (http://loksatta.org/)
We shall stop here and talk some one like JP.
Kanaka
Indians are dogs and AP is full of mad dogs.
I am from AP and does not belong to either of the casts that people were fighting here.
I like YSR because of his leadership qualities. I like his guts, determination and down to earth personality. This is just his personality and I don't like the way he is spending money and all traps for poor people and making them beg. As many friends here are talking, he is corrupt, kills opponents and land mafia.
From all the posts I have not find a single person to mention JP from Loksatta. If we keep aside the feelings like state, language, caste and religion and encourage JP, we will really see bright India.
URL Here :: Lok Satta Party - New Politics for a New Generation :: (http://loksatta.org/)
We shall stop here and talk some one like JP.
Kanaka
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hopefulgc
02-13 05:27 PM
With that recapture ... how nice would it be to see the PD date for EB3 china in Jan 2008 and that for Eb3 India in Dec 2007
This can all happen if we take the stand.
Otherwise, we can all see our hairs gryaing with PDs in 2001 and 2002.
See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
This can all happen if we take the stand.
Otherwise, we can all see our hairs gryaing with PDs in 2001 and 2002.
See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
chmur
02-12 11:05 PM
Some of the events in the last week seem to indicate so ??
1. Writeoff FBI namechecks pending for > 180 Days
2. Moving EB3 dates in smaller increments . Eb3 India was moved by ~3 Months
Step 1 was crucial because this will enable USCIS to approve all the applications within 'Current Dates'. Atleast now, USCIS will know pretty clearly where they stand when they move the dates (in conjunction with DOS) , unlike last June fiasco.
Step 2 ; Moving the dates in reasonable increments indicates they do not want to loose control of approval process . Lot of 2003 /04 filers got GC's in last July at the cost 2001/2002 filers . It was obviously arbitrary once they made everything current and probably depended on how eager an officer was to grab those visa numbers for his /her cases. USCIS lost control over the process.
Regarding EB2 heart burn - Blame it on substitute filers, obviously most of the line breakers would have used EB2 rather than EB3. But I think eventually EB2 will get higher priority and move faster then EB3 once the Unused numbers from others categories gets distributed after June /July. Calm your nerves.
I only wish if they had streamlined the process in this fashion about 3-4 years back . We would have not lost 200,000 visas and most of the dates would have been current or at the most 2 years behind. Very reasonable.
Am I dreaming....has USCIS got it's act together??
I forget , IV was not around 3-4 years back.
But we cannot be too enthusiastic about these good news because unless those 200,000 numbers are recaptured the dates will soon get struck in near future .
1. Writeoff FBI namechecks pending for > 180 Days
2. Moving EB3 dates in smaller increments . Eb3 India was moved by ~3 Months
Step 1 was crucial because this will enable USCIS to approve all the applications within 'Current Dates'. Atleast now, USCIS will know pretty clearly where they stand when they move the dates (in conjunction with DOS) , unlike last June fiasco.
Step 2 ; Moving the dates in reasonable increments indicates they do not want to loose control of approval process . Lot of 2003 /04 filers got GC's in last July at the cost 2001/2002 filers . It was obviously arbitrary once they made everything current and probably depended on how eager an officer was to grab those visa numbers for his /her cases. USCIS lost control over the process.
Regarding EB2 heart burn - Blame it on substitute filers, obviously most of the line breakers would have used EB2 rather than EB3. But I think eventually EB2 will get higher priority and move faster then EB3 once the Unused numbers from others categories gets distributed after June /July. Calm your nerves.
I only wish if they had streamlined the process in this fashion about 3-4 years back . We would have not lost 200,000 visas and most of the dates would have been current or at the most 2 years behind. Very reasonable.
Am I dreaming....has USCIS got it's act together??
I forget , IV was not around 3-4 years back.
But we cannot be too enthusiastic about these good news because unless those 200,000 numbers are recaptured the dates will soon get struck in near future .
saravanaraj.sathya
07-24 03:37 PM
Hi - It is great reading your story and gives more confidence for other in this forum. I have 2 more yrs remaining in H1. If things do not speed up, I also have plans to move out of USA and find a job someplace else.