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srkamath07-25 09:46 PMIt is really simple.....

Vertical Spillover

EB2 (IN) ~ 12000 / year
EB3 (IN) ~ 18000 / year

Horizontal Spillover

EB2 (IN) > 18000 / year
EB3 (IN) < 12000 / year

On another note.

There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.

It is just like high oil prices - make hay while........

Have faith in America, history shows it rights itself sooner rather than later.



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krishna.ahd02-18 09:18 PMThis is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
Even one inch wider gate also will reduce few years of waiting



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illusions05-01 06:45 PMAs a fellow Sri Lankan and a member here at IV, i'd request u guys stop posting opinions and views here on a Immigration Forum.

I'd like to request that the Admin to please close this thread as it is irrelevant to Immigration. If any of you would like to discuss politics then please do so in another forum that is meant purely for that purpose.

Some have written some harsh remarks about SL, without even knowing the facts, i for one take some of them personally.

I'm not here to say that i agree / disapprove anything that any of you have said, i'm just saying that there is a place to discuss these issues and i'm sure the Admins here also agree that this is not the place for politics.

Appreciate you consideration.



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GCBy300006-28 12:56 PMAlready it happened for other workers category last month. In mid july THEY WILL STOP accepting 485s if they receive more than they could process.

I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time

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coopheal02-23 09:37 AMwhatamidoinghere,
what is the source of you information.
Can we maintain a information on such numbers on IV itself so that we have one place to see it.



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vivekm130902-12 09:12 PMThat is an apples to dinosaur analogy.

The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.

Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.

Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.

The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.

Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.


But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.

Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?

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priderock04-26 12:53 AMThat was a no go for me. The company's Lawyer advised against it.



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eb2_mumbai09-15 03:10 PMSince EB2-I is slowly catching up with EB2-C, future spill overs will be split between the two categories and not all will go to EB2-I.
you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)

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lazycis02-14 05:17 PMAnother prove of government misconduct is violation of regulations

In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”

I doubt these regulations were followed in thousands of delayed I-485s.

http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3

We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court

http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf

"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."



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sunty02-13 11:31 AM$100 from me..for the first consultation...

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Macaca07-04 10:18 AMIV release has the following line. Looks like they are talking about H1B renewal. However, we will have EAD renewal. Any cost/benefit analysis for us/USCIS on H1B vs EAD renewal.

Additionally, this move would have also eliminated the need for continually renewing temporary skilled visas.



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okuzmin07-10 04:47 PMByeusa, the best of luck to you and your family! I'm in the same boat: already approved by Buffalo, just waiting for my second daughter to be born (any time now :)), and we'll be on our way to Canada. We plan to settle in Calgary, but after I've heard of the new MS office in BC, I might seek to go to Vancouver -- the time will tell.

I've been in the USA for almost 13 years, got two of my bachelor's degrees here, 9 years of progressive IT experience. Three companies and three I-485 attempts later, I've been stuck in retrogression over the last 2.5 years. My family, my business, my life -- everything has been affected, much the same as for most folks on this forum. So, with two US-born kids we'll go up North; our friends are waiting for us in Calgary, Edmonton, Toronto, Montreal, or Vancouver.

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illusions05-18 11:14 AMHow has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???

If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.



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days_go_by01-23 06:11 PMnot all cases approved by DOL are fraud, some cases are really genuine, I have waited over 5 years for labor, and I know a bunch of other people too who have genuinely waited.
But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .

http://immigrationportal.com/showthread.php?p=1596562#post1596562

it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.

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BharatPremi12-14 02:23 PMO.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"

Example: Britain, Pakistan.

Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.

Is that allowed?

Same question for Pakistan...



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GCOP09-23 01:07 PMnixstor,
I sent PM to you. Can you please consider and include that in the proposal. Thanks,

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greencard_fever07-25 10:31 AMWell I agree with you and some other members. Most of these lawyers don't know crap what they are talking about. I have my white lawyer, so far the experience has been good with him, but when I asked about the current dates, he was quiet perplexed.

The fact is , no one has done calculation like we IV members, also in Ron's post nothing was mentioned about horizontal or vertical movement. All the comments made by this lawyer are more on subjective and speculative lines.

Ron Gotcher is simply doing a guess work here,

It's reverse psychology, create a little tension among applicants, and the lawyers will get more clients for answers. Believe it or not, IV has affected a lot lawyers business, as now members here are more educated in filling up different forms themselves. Somehow I feel, even a firm like Murthy law looks up to IV for latest updates.

Well said,Yes attorneys would not know much about the recent changes in processing the application and VISA spill over changes.I bet every since IV made a remarkable place in Immigration community Murthy might be experiencing cut down in new clients and less mumber of Hits to MURTHY.COM

Kudos to IV and all Core team members.



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snathan03-30 10:48 AMSnathan,Arkbird

Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.

Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.

All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.

MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.

I believe there were some junkies called Left were holding the Govt and MMS as hostages.... Thats why there is no reform...



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kondur_00706-03 06:37 PMthis article says and I quote:
"Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
"Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
it can not have gone to EB2 because as Mr. Oppenheimer puts it
"The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
ALso can somebody please explain this sentence as well
"He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
However a later report from USCIS says there is a drastic reductionin I 140 apps,
also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
I am totally confused. senior members please analyze


All these statements are difficult to analyze...I tried to add things up but could not.
The only way to get the actual idea of what is happening is to look at July, Aug and Sept visa bulletin as well as usage statistics for 2009.

As far as most of us are concerned, the fiscal year is over and there is no hope till next fiscal year. The analysis of above mentioned visa bulletins and usage statistics may help to understand what to expect over the next fiscal year and thereafter...

Is all these because of "increase efficiency" of USCIS and FBI that they processed all the old cases (better scenario) or is the result of something else (like tons of EB1C filing) in which case it will be 10+ yrs of delay for most of us:(
So just wait...



kuhelica200002-13 01:15 PMFinally you hit the nail on its head. That�s why the per country limit is there so no one country with larger population can monopolize any agenda the way you are trying to do with IV.

On the contrary, fight for keeping the country limits will kill the movement as Indians who form more than 80% of IV will feel disillusioned and leave. Once that happens ROW can as well kiss the GC increase good bye.

Like grupak mentioned real workable solution is 1) Increase overall numbers (will benefit ROW as well as oversubscribed countries) 2) Eliminate the meaningless country quota. If there is an increase in overall numbers removal of country quotas will have very low impact on ROW. This is the fact.

But there are still some fanatics who pick up fights to keep the country quotas intact. If all of them quit IV damage will still be minimum, when compared to Indians (80% of IV) leaving. Movement will survive and thrive. How many ROW were there at DC rally? Of those present, half were on the stage. Of course I'm exaggerating, but not by much.

My challenge to ROW members who keep on harping about the split in the movement - PARTICIPATE!! Just being active on the forum and posting a hundred posts doesn't make you part of the movement. I hardly see many ROW members volunteering or accepting leadership roles. Unlike EB immigration, IV is open to everyone no matter where you were born. We don't have any 7% quota per country ! And yet, why are the active volunteers, leadership, contributors - the REAL movement- is disproportinately Indian.

Want to influence the movement, be a significant part of it. That's real democracy.



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