Thursday, June 30, 2011

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  • gemini23
    06-26 01:30 PM
    Is this a joke..let me know if i can laugh at this one.

    Well....
    the rumour is that USCIS will accept as much as their parking lot can accommodate 485 applications.
    They will at best try not to spill over to the roads nearby causing traffic jams.:eek:





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  • Saralayar
    03-17 10:33 AM
    Asking such things are not correct. Any how labor substitution is not happening much and individuals with real issues like kids going to the final years in school etc., are finaly deciding and trying to take this risk.





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  • sachug22
    10-07 05:10 PM
    Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.

    My numbers

    EB1 all - 17K
    EB2 ROW - 22K
    EB2-I 30K
    EB2-C 9K
    EB3 all - 40K
    EB4 all - 7K
    EB5 all - 7K

    CP - 8K

    I am assuming zero spill over from family category and lower CP numbers (no retrogress country applicant will wait for CP and new applications are low)





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  • a_yaja
    07-22 01:40 PM
    I had green dots till yesterday, but after posting fun stuff on this thread people gave me red dots..... why is that? This tread has zero value, it is like Santa singh jokes.

    Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...

    This thread was for fun so I posted funny things....pls don't give me red for this

    I was heart broken too when I got my first red. And I got it just because I agreed with someone that it is not a good idea to staple new passport and old passport together and suggested to use a rubber band to hold the two passports together. The person who gave me a red said in the comments section "I will surely use a rubber band to hold my passports together." Not sure if he was being sarcastic - but I stopped worrying about red dots now.



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  • rsdang
    07-16 01:22 AM
    So gurus,
    The progress has been better than this analysis - so where does this leave us?
    Any more thoughts?





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  • ksrk
    09-15 06:30 PM
    Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.

    But I thought the rule stated that the spillover can only be applied to over-subscribed countries in the FOURTH quarter of the fiscal year - meaning no sooner than June/July 2010 - or am I missing something here?
    How can the VB get past March 2005 in December 2009? If it does, I'll be very happy! However, I would like to know if the estimate is realistic...and not over-optimistic.



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  • bitu72
    10-04 12:04 AM
    thanks amisha..any idea about the identity card number is it the ssn number we have in US. i can fill in that number and make a copy and get it notarized.





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  • villamonte6100
    02-18 11:17 AM
    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.

    Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.



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  • gimmeacard
    07-22 06:17 PM
    lately i have been observing the # of folks is reducing for Amway/Q, maybe newbies are not coming to the country in chunks now.

    offtopic ques :

    i am surprised i havent said anything negative about anyone yet i see RED DOTS, whats the purpose of having a rating stated with, did u find the post useful?
    maybe u didnt, but then why rate it negative? is this again few/limited desi behaviour or maybe some annoyed quiksters doing that





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  • newtoearth
    05-02 05:35 PM
    ...



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  • samay
    07-06 12:08 PM
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh

    Hello

    We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.





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  • immique
    07-17 01:23 AM
    I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself

    Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.

    But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
    One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.

    But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..



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  • softcrowd
    05-29 10:31 AM
    So, based on this prediction - Eb2 may not even cross year 2004 by end of FY2010 quota...Is my understanding correct?





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  • hiralal
    05-31 12:51 AM
    I agree but complete removal of county quota is almost impossible ...diversity is just a name !!! US political system in super advanced in many ways(US contitution was written centuries ago and is much better than Indian ..remember the foreigner becoming PM issue and multi party mess that India has) ..my guess would be that country quota limits were introduced to prevent one country nationals from becoming a eventual majority . ofcourse the migration from south Am is another issue)
    and hence a better bet would be recapture ..



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  • hiralal
    06-04 09:19 PM
    now that we have 13 pages of discussion ..can we agree on something and start small campaigns atleast ???
    that way we can generate more interest in IV.

    we can do something indirect too ..such as contacting your realtors ..show interest in buying and then back off ..the advantage in this (if large number of people take part and each contact 4-5 realtors) ..then we will have someone else lobbying for us (rather than ourselves beating our own drum)

    if someone has better idea then we can go for that too





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  • eyeswe
    07-21 04:33 PM
    I think we have met somewhere OR I have seen you somewhere...
    Would you like to be financially independent?
    Are u from XYZ Engg College in Mumbai

    The Amway cheer ...

    ... There is lot of excitement in this room with X,Y,X, A etc.. and this excitement is going all the way to P, Q, R on the phone.. Heyyyyyyyyyyyyyyyy Heyyyyyy, Heyyyyyy, Heyyyyyyy " and folks jump around to show the excitement

    Needless to say I have been in several Amway bait situations. My room mates were Amway folks and we use to have several meetings at my place -- upline, downline used to be the manthra...



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  • jayleno
    07-21 06:17 PM
    I'm enjoying this thread more than I enjoyed the predictions one. I'm imagining a qucikstar star reading this thread and smiling to myself. My wife thinks I'm reading a joke on the internet.

    Keep them coming guys.





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  • roseball
    07-10 11:29 AM
    Wish you the very best byeusa......

    I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...





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  • vrichards
    09-05 02:25 AM
    It is very troubling to note that one persons identity was uncovered online because his political views and legitimate concerns about the crimes of YSR (Good riddance to him).

    IV must delete all posts relating to the uncovering of this gentlemans identity. And ensure it never happens again. If this is not done, we will lose faith and trust in IV.

    IV core needs to understand this.





    nrk
    09-17 01:07 PM
    I wish your prediction is correct, but do you think the spill over happens from the first quarter,
    As per the trend, we are seeing the spill over only in the last quarter from last two years.


    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.





    nixstor
    09-23 02:03 AM
    This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.

    thanks,
    aps


    Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation



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