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webm
03-17 04:56 PM
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.

Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

So legal pattern for spillover is as under.
--------------------------------------

EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1

Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)

In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.

USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.


well said dude!!!
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yadavnay
07-23 09:16 AM
Yes you can work on h1B , but you need to file for a change of status , which normally take 2-3 months in normal processing and 15 days if you file premium. Ask your H1b employer to file for the change of staus under premium.
Please note that once your status is changed you can no longer continue on L1A. Mine was the same case and I followed the same steps some year back.

Thanx
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ajay
07-01 04:59 PM
I completely support this idea.
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insbaby
07-18 05:02 AM
USCIS did not say that they will return the application and they should be refilled.

With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.

Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.

It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.

My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
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gcseeker2002
03-20 07:56 PM
How do you know that the labour process has slowed down from Mar 01 2011 ? Any source for this info? Please share.
Yes I would also like to know where it says that Labor process is stalled from Mar 1st,as it is impacting my current decision.
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Eveready
07-05 02:44 PM
I totally agree we need money to run this website and I also agree that we Desis never pay for quality and never ever for service.
Guess it is time to change. Make it a paid website and only Members should be allowed to post queries etc. Putting advertisments on the site too is not a bad idea and I think we work some thing out.
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actaccord
02-17 08:36 AM
one of the reason I would like Core Team to consider sending email about the Advocacy Day.... that email will get more inactive member like Chandu who got greened and has no good reason (nothing wrong abt it...most of us do the same) to continue visiting IV. Please consider sending one email on Feb and March.

If someone gets out because of this email I am sure he/she is not going to work on any IV activities even if IV never sent any email. Those members join IV just for some free advice and nothing else.

Pappu & StarRun consider this request and let us know where we stand on this. I had collected some content from this forum for flyers ( decided not to pursue further after discussion and advice from StarRun).

On side note, I agree with Chandu regarding convincing our spouse on these kind of expense and participation is really tough a job. We have bought up by teaching/preaching any activities other than studying (for grownups working) is not worth it.

I agree with you. I thought about it and decided to come to DC. I was greened last year and definitely IV was a very big factor in my GC journey. I have not been logging onto IV for a while as I have been very busy with my personal life, and job tensions, kid etc.. and all sorts of other things.

After GC, your life usually changes only if you want it to change. I am still in the process of understanding how best to change. As of now, nothing changed - not even my job :).

I am surprised that people still do not want to help themselves. I see everyone looking at the visa bulletin and getting frustrated, but why do people n ot take the extra step?, I really don't understand. I urge members to come forward and help yourselves. - Please.
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rajuseattle
07-14 07:41 PM
ajthakur,

competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.

If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.

This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.

Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.

I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.

Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.
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uma001
07-29 05:15 AM
Mod/Admins,

please confirm whether we can post this type of information.This is to protect H1 guys from falling into trap from these companies
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frostrated
09-10 02:54 PM
My PD is March 2010 EB2 so i'm not even in this race yet but help me in understanding one thing.

Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.

Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.

smuggymba

what happened to your earlier PD. I think it was in mid 2004 or so, correct?
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same_old_guy
07-09 04:47 PM
And we are not in deep shit right now ???? Where have you been all the time ?

Why are you so scared ? Is it because you think USCIS wil do harm to you and others ? Well, what the hell it was doing while allocating all the quota in 15 days to avoid the rush ?

I wish USCIS would get down on it's knee and issue an apologies to all those people it's screwed over !
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Jaime
09-10 06:44 PM
Let's talk to all our friends, ask them to call their friends, scarp on Orkut, pst flyers, post on Craigslist, etc! Let's go guys! Let's convince more people! We can do this, I already been convincing previously unflinchng minds! LET's GO!!! We CAN do this!!!!!
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Alabaman
10-20 10:29 PM
The democrats will take the house by a very large majority and the senate by a less-than-60 vote majority. So if CIR makes a come back republicans will not be in a very strong position to strike a deal on high-skilled immigration. But there are a number of democrats who also support high-skilled immigration. People opposed to H1B and employment-based green card reforms are on both sides of the aisle (Dems Dick Durbin and Byron Dorgan, Republicans Jeff Sessions and Chuck Grassley for example) but hopefully they will remain a minority. It also looks like vocal supporters like Jon Cornyn will win re-election. But Pete Domenici is retiring. So, on the balance, there will be some change but not a drastic change on the legislative side.

Sen Obama is a very pragmatic and thoughtful person. You should know that he was co-sponsor of the PACE Act which, among other things, tried to create a F4 visa and make it very easy for STEM graduates to get green cards. There is absolutely no need to be panicked about a Obama win. Sen McCain, on the other hand, seems to have gone back on many of his immigration promises these last few months. It will be a concern if there is a democratic congress and McCain is in the White House.

Thanks for re-articulating what I posted earlier. Well said!
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mirage
02-05 03:06 PM
^^Bump^^
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11-04 11:31 AM
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msgrewal81
02-19 02:44 PM
Looks like lots of >5 years people here. :D

It is my feeling that "Illegals>5 years" should not be preferred over "legals<5 years". I also think that this bill makes things tough for<5 years except temporarily reducing backlog(that too is a big 'maybe') . I am not arguing. You do what you do and I do what I do. I dont know what IV will do.

Thanks and good luck.
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sts_seeker
02-07 01:15 PM
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
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yagw
09-17 05:00 PM
[ sorry if not relevant to the OP.]

http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm?campaign_id=yhoo

The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."
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amslonewolf
10-15 08:56 PM
I am all set, just need to drop it in the mailbox..

This is the easiest campaign and hardly takes more than a couple of minutes..

Just do it..
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GCNirvana007
10-12 11:15 AM
The part I didnt understand is how come you are so stupid? I hope you carry your passport when you go to the bathroom also because a dumb ass sheep like you probably needs it.

Mr.Bhootia - It wont take a second to type back the same.

I mentioned about LAW and you are calling me stupid, that explains how you roll isnt it.
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fetch_gc
04-09 09:15 AM
Pls count me in.
Thx

Please Participate in this...
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