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  • eb2_mumbai
    09-28 10:48 AM
    I have a few questions of guru's on this forum.

    What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?

    The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.

    At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture





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  • gc_on_demand
    09-24 12:24 PM
    This analysis is really excellent, how far do you foresee the EB2-I date going this year. Is there any hope for new people to file 485 this year? People who missed Jul 07 have waited long and can wait till next Sep in the hope that we will be able to file 485 this year.

    Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.

    there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.





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  • snathan
    01-15 09:15 PM
    USA was like that for past 100 years. Many times Protectionist bills were passed and many times they were relaxed in past. There will be impacts but it will not bring down the country just because they block a few thousand H1bs. If USA needs to go down there should be some other alternative country should come up relative to that level. India and china have a potential but nowhere near to that for now as they so much dependent on USA and dollar.

    Stop your crap...your argument is irrelavent and does not have any logic.





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  • sac-r-ten
    07-21 12:17 PM
    Did it for 4 years and quit in 2007... lost 20K and 95% of my friends...

    Quixtar is not bad but the people running sub-businesses (such as BWW etc) by pushing tapes and books on you make it HELL

    Stay Away unless you are willing to lose a lot to gain a few!!

    PEACE

    got into it, pulled off 3 weeks later. they refunded my investment w/o any issue. but yes never lost that persons contact who got friendly with me for this and we remain good family friends. so there are exceptions.



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  • eager_immi
    07-11 01:57 PM
    Well said, forget the premiums if you fall sick you know there is constant co-pay for both doctors and medication, then lot of insurance you are covered only 80% till you hit some 3000 out of pocket, so you need to add that as well. Please watch SICKO (ofcourse canada has more wait time but that is bc 20% of the people in the US are unisured and they are not in the queue so that automatically reduces the wait time in the US)

    Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)

    - GS





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  • ubetman
    01-13 02:38 PM
    In my opinion, AC21 seekers will have affect only when they need H1 sponsorship with new employer and that too if they move to a consulting company.

    correct me if I am wrong...



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  • at0474
    12-14 12:55 PM
    ......

    --Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.

    Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.

    Ofcourse, humor is always welcome.





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  • msp1976
    02-13 02:50 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.


    Refer to this text.....

    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_

    TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.

    Look at paragraph a(5)

    (5) Rules for employment-based immigrants

    (A) Employment-based immigrants not subject to per country
    limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to
    subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.


    This is the section that allows for the 7% cap to be violated in case additional visas are available.................

    This is the one many anti immigrant people tried to get removed again and again......


    USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...



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  • WFGC2006
    04-04 02:06 PM
    What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?

    Anyone who know abt this, please respond.

    The current rule is that: in order to maintain your PR, you have to be physically in Canada for two years in any 5 year period (to apply citizenship, 3 years consecutively). So technically you are still fine if you are on your 3rd year working in the U.S. after landing date (which is the date you enter into the border using the immigration visa granted).

    If you have the maple card in hand, there is absolutely nothing to worry about. However, if you are like me who got out of CA and came back to the US after landing without securing the card, there are still ways. The maple card is only needed for re-entry if you take a commercial flight or a commercial bus. However, if you drive your own vehicles and cross the border, then you only need your landing document ("the white paper"). Another option is to apply so-called "Travel Document" through CA consulate in the U.S. But be prepared that the official will grill you for your intention because he/she knows that 1) you are exploring the loophole of CA immigration law and use your PR status as the fall-back plan for your dashed American dream; 2) it's their duty to deny your visa if they determine that you will not be able to fulfill the residency requirement ("2 out of 5 year" rule) ONCE YOU ENTER CA (this is some rule open to abuse as basically the official determines what you WILL do in the future).





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  • walking_dude
    02-13 11:33 AM
    Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).

    Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.


    I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.

    There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.



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  • tikka
    07-03 11:16 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who





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  • Dhundhun
    08-08 04:57 PM
    My kids aged out. Is there any way they can take benefit of my immigration based on my PD? Otherwise, how can they benefit?

    My daughter turns 21 in 2003
    PD 03/10/2005
    My son turns 21 in Apr 2005
    I140 filed Oct 2006, approved Sep 2007
    I485 Applied in Aug 2007

    Thanks in anticipation.
    --dhundhun



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  • PlainSpeak
    01-14 01:18 PM
    .
    My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone

    Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask





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  • bayarea07
    07-27 07:28 PM
    Kushal,
    Still waiting for your reply and your tax returns for previous years as you promised :-)



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

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



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  • gauravster
    05-29 05:08 PM
    I agree that we need to be united. But does that mean we just accept people abusing EB1?
    Dont you think it is unfair to people who have waited for all these years?
    If more people start abusing EB1, then there will be no visa numbers for EB2/EB3.
    When EB1 abuse is stopped, It may not get all of us GC, but atleast some of us could get GC.

    We need to fix the problem of too few visa numbers available to I/C. If the waits in EB2/3 are not long, there is no reason there will be any significant abuse of EB1 visas. You are targetting a mosquito and ignoring the elephant in the room.





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  • grupak
    12-14 05:05 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    Country quota for family based immigration prevents giving any nationality a head start in cornering all the GC for themselves. And country quota to promote diversity makes sense because the basis of GC is family ties.

    Employment based GC is based on employer filing for GC. Skilled people can come from all over the globe. The basis is skill. Even without a country quota, a small country with educated and skilled workers are not at any disadvantage compared to a large country with poorly trained workers. So, I do not understand your argument how the BIG countries are going to monopolize employment based GC. No nationality has a birth claim on skill. We are here because of our skills not our nationality.

    Let us not repeat the arguments of anti-immigrant restrictionist groups like PG.



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  • software7
    05-30 04:49 PM
    Hi ALl,

    Got following info from one of my friend , this reliable information sent by Senator office.

    TSC: NSC Total

    EB1:

    TCS: 1030. NSC: 1723 Total:2753

    EB2:

    TSC:22029 NSC: 29688 Total:51717


    EB3: TSC: 34784 NSC: 36054 Total: 70838





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  • Openarms
    07-17 10:12 AM
    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.


    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.





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  • snram4
    01-24 05:41 PM
    If most members are opposing the memo that is fine for me. I will take neutral Stand. Anyhow best wishes for winning the lawsuit if you file and win

    I am not sure if this snram4 is sadist or outright idiot. On more than one occaction couple of guys spit on his face and still he is not bothering and enjoying that. Reponding to his thread is simply waste of time. I dont know if there is a special category for GC and thats what he got.

    I am simply amazed how stupiid he is. When this thread started there were couple of people supporting this memo. Once they understood no longer they are supporting. Snram4 is the only guy still supporting and talking all nonsense. I tried to educate him but failed miserably.

    snram4...whatever may be the case whether people are going for law suit or not, You are not going to add any value with your pea nut size brain. Why dont you simply go away rather than talking all nonsense and wasting everyone's time. No one is bothering you or stupid comments. So many people asked you to go away...why dont you consider that for GOD shake.





    bestofall
    09-25 11:31 PM
    """"""""""""""Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting

    """"""""""""""

    Sachu

    Thanks for good analysis. I wonder about CIS allocating visa every quarter spill over.
    Can you please share any resource about quarterly spill- over ?





    ebizash
    07-27 01:15 PM
    What has EB5 to do with amway?
    Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?

    Really... Millions... Have you checked the disclaimer in your lit pack under the 6-4-3 plan. A typical IBO makes $115 a month... Amway / BWW was forced to put this statement because of a lawsuit brought by Amway Diamonds and Double Diamonds... You can google...

    I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...

    "..veracity of this statement"
    Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
    Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.

    By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...

    May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...

    I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...

    This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..

    Good luck!