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  • Legal
    07-21 05:38 PM
    There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?

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  • sumagiri
    07-23 02:07 PM
    that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.

    Legal, Thanks again. Also that is where exactly is the contradiction in analysis.

    In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.

    If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.

    If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.

    Please note that I am not making this complex. I am only pointing at complexities.

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  • jonty_11
    07-11 06:11 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
    You are just looking at a few rotten apples in an apple farm ..here....Just like software or a server, a system should be robust enough to endure abuse, if it does not it should be modified to do so....no one is stopping DOS/USCIS to put in more checks and ba;ances for GC or H1 Process.....question is will they ever do it...probably not...look at how CIR failed....So you have to look at the oeverall picture rather than pointing at isolcated cases of abuse....which are neglible compared to valid employment based GC cases.

    The US immigration system is broken and everyone knows it. That is why Microsoft opened new office in Vancouver.

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  • maddipati1
    10-02 03:27 PM
    im surprises why this is not already a part of this proposal!

    its a simple logic to include those who already bought a house.

    great idea nixtor.

    aps, no one keeps their money in bank as cash. everyone must have invested somewhere else. they should bring it back. thats the idea here. if u don't like the idea why not you keep out of this.

    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.


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  • samay
    07-14 06:13 AM
    I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

    My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.

    I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.

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  • bfadlia
    02-15 02:22 PM
    u r missing my point..
    Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
    when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.

    Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane


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  • TeddyKoochu
    09-24 12:15 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.

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  • Saburi
    07-08 06:19 PM
    This Question is for the Lawyer, how would the applicant know wether his or her aI 140 is revocked as my employer is saying he will revoke my I 140 but till date i have not recd any letter from USCIS or any other issues, how can somebody find out if the I 140 is revocked.

    Please let me know on this.

    Thanks for your help



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  • _TrueFacts
    09-05 02:20 PM
    IMV members and readers, we have been here in US for quite long and know the secret to successful life in US, just to say one: always abide by law and live your values.

    After you get your GC, you may or may not visit IMV, fine. But make sure you look at things from an unbiased attitude and uphold your values and culture all the time. Most of you might retire in your home countries, so it makes every sense for us to look at how things are back home.

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  • gomirage
    06-12 10:30 PM
    Exactly what I had tried to express, you have succinctly put them in numbers. Thank you

    Both of you are missing the point. No matter how you spin it, 140,000 people getting GC per is better than reduced quota of say 80,000.

    Have you asked yourselves how you would fare if H1B program did not exist. I am not saying that you will not get GC without h1b and EB programs, sure you could go the uggly way, getting married to the fat lady in your apartment building for example.

    To sum it up I would take long wait compared to no program or a nobel-prizes only program, any day of the week.



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  • rajesh_kamisetty
    07-10 11:17 AM
    I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.

    Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.

    Otherwise, I am very content being on H1.

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  • eastindia
    07-21 11:13 AM
    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?


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  • glus
    03-17 10:33 AM
    hi All,

    Can someone give me advice on this:

    I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
    i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
    i am concerned if that India exp. during graduation will work or not.
    Has anyone faced a situation like this?
    the (part time exp)company was very small, can this be risky? what do you guys think?

    I am not sure if you cannot used experience gained before / during college. I think it all depends on the LC requirements. I know many people who used experience gained before gaining their degrees, and there were no issues. However, I do not know if their LCs specified "post-degree experience, or just experience." I would speak to another lawyer to see if he tells you the same story as your current lawyer. You could send this question to Susan Henner. She is the attorney giving us free advise. The the home page for information on how to send her a question.


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  • ujjwal_p
    05-11 07:51 PM
    I saying it again, in this country even burning of the national flag is considered a form of protest.

    Dude, you are seriously delusional. The day you try that stunt with the stars and stripes you'll be on Limbaugh, OReilly, Hannity, Glenn Beck, you name it. I don't agree with them but will still love to watch that unfold on TV.


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  • Alabaman
    08-03 06:19 PM
    Pardon my ignorance, how does labor substitution work and what is FIFO?

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  • fide_champ
    08-17 01:59 PM
    Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.

    It doesn't matter. The topic is about what the immigration officers are doing to the innocent civilians. In this case it happened to be SRK who everyone knows but it is happening to everybody. Just because his last name spelled as khan, can they interrogate every khan in this world?


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  • maccaid
    08-18 10:06 PM
    I'm not from India, so you know how non-Indian will look at this issue.

    First of all, thanks to IV for helping our cause.
    Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.

    Have several question:
    1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
    I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
    2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
    IO: Why are you visiting US?
    SRK: Do you know that I'm SRK?
    IO: Who do you work for?
    SRK: I'm SRK, now let me pass.
    IO: Where will you live in US?
    SRK: I'm SRK
    IO: How long have you been in US?
    SRK: I'm SRK
    IO: Do you have family here?
    SRK: I'm SRK
    And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.

    This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.

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  • GCkiTaisi
    05-01 11:07 PM
    My blood boils in digust when I read such stories..

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  • tabletpc
    10-10 11:46 AM
    "The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home"

    Genious...!!WHo ever thought of this idea should be working as one of the committe which advices president on finanacial matters...!!!

    07-15 06:09 PM

    I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.

    1. If I change into a non-academic job, then can the PD be retained when I refile?

    2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?

    Thanks for your time.

    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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