ashshef
09-24 05:07 PM
1) Each (EB1/2/3) - 28.6% WW quota = 40040
2) 5 subscription cataegories under each EB category: I,P,C,M,ROW
3) Assumption - USCIS distributes equal share among these 5 different subscription categories = 40040/5 =8008 in each EB category for a particular subscription category.
Example:
EB3 All = 40040 ( 0.286 x 140000)
EB3 ALL = EB3 I + EB3 C + EB3 M + EB3 P + EB3 ROW
Assuming equal share of all of these 5 subscription categories - 40040/5 = 8008 applications to be worked for "Assigning the visa number" not " for granting the visa (IN other words physical greencard order)"
7% + 2% = 9% country specific limit is meant for "Granting the visa - Ordering Physical Green card" out of "Applications which have been assigned a visa number"
Number 2) and hence number 3) are definitely wrong.
As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.
2) 5 subscription cataegories under each EB category: I,P,C,M,ROW
3) Assumption - USCIS distributes equal share among these 5 different subscription categories = 40040/5 =8008 in each EB category for a particular subscription category.
Example:
EB3 All = 40040 ( 0.286 x 140000)
EB3 ALL = EB3 I + EB3 C + EB3 M + EB3 P + EB3 ROW
Assuming equal share of all of these 5 subscription categories - 40040/5 = 8008 applications to be worked for "Assigning the visa number" not " for granting the visa (IN other words physical greencard order)"
7% + 2% = 9% country specific limit is meant for "Granting the visa - Ordering Physical Green card" out of "Applications which have been assigned a visa number"
Number 2) and hence number 3) are definitely wrong.
As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.
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gottagc
05-18 10:44 AM
Hello Folks
I am planning to take up a EB3 labor substitution case, and I have a few questions.
With the I140 premium processing being eliminated from today, and the current I140 processing time taking 9 months my question to you all is:
a. Suppose I apply for my I140, I485, AP today (say May 18th 2007), will I be eligible to get an EAD in the next 90 days, though my I140 could still be pending.
b. Will the time for AC21 portability start from the day I applied for I485 or from the day the I140 will get approved.
c. Suppose me and spouse get the EAD (despite I140 pending), and spouse converts from H4 to EAD while I stay on H1-B, what happens to the spouse status in case the I140 gets denied.
d. What is the possibility of the EB2 VISA dates moving further.
Appreciate your help in understanding the system correctly.
I am planning to take up a EB3 labor substitution case, and I have a few questions.
With the I140 premium processing being eliminated from today, and the current I140 processing time taking 9 months my question to you all is:
a. Suppose I apply for my I140, I485, AP today (say May 18th 2007), will I be eligible to get an EAD in the next 90 days, though my I140 could still be pending.
b. Will the time for AC21 portability start from the day I applied for I485 or from the day the I140 will get approved.
c. Suppose me and spouse get the EAD (despite I140 pending), and spouse converts from H4 to EAD while I stay on H1-B, what happens to the spouse status in case the I140 gets denied.
d. What is the possibility of the EB2 VISA dates moving further.
Appreciate your help in understanding the system correctly.
krishmunn
04-01 03:12 PM
Link please..
Shusterman’s Immigration Update April 2011 | Carl Shusterman (http://shusterman.com/newsletterusimmigrationapril2011.html)
Shusterman’s Immigration Update April 2011 | Carl Shusterman (http://shusterman.com/newsletterusimmigrationapril2011.html)
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srikondoji
06-29 04:45 PM
legally and ethically and morally and whatnotally, they should accept all applications mailed on July 2nd.
So near yet so far. If the new visa bulletin comes out on Jul3rd , I wonder what happens to the applications received on Jul 2nd :((
So near yet so far. If the new visa bulletin comes out on Jul3rd , I wonder what happens to the applications received on Jul 2nd :((
more...
digital2k
09-09 04:19 PM
I called Everyone
and is a great response
more calls, more calls, more calls ...
friends, let us all do it...
its for everyone
I am surprised that all other threads are getting updated quite frequently. People are posting question related to their RFE and as usual once they get answer to their problems, they vanish. People are posting jokes on IV, but when it is their turn to call, we've to "bump" this thread and send e-mails to members. So pathetic.
I felt very sad when I read 30000+ members donated some 4000 dollars in last two months. I felt my donation of about 1000 dollars since 2006 is being wasted to answer questions of or to solve the problems of these free riders &/or one question members.
Please call all Numbers except co-sponsors ...
Find people And ask everyone else also to call ...
and is a great response
more calls, more calls, more calls ...
friends, let us all do it...
its for everyone
I am surprised that all other threads are getting updated quite frequently. People are posting question related to their RFE and as usual once they get answer to their problems, they vanish. People are posting jokes on IV, but when it is their turn to call, we've to "bump" this thread and send e-mails to members. So pathetic.
I felt very sad when I read 30000+ members donated some 4000 dollars in last two months. I felt my donation of about 1000 dollars since 2006 is being wasted to answer questions of or to solve the problems of these free riders &/or one question members.
Please call all Numbers except co-sponsors ...
Find people And ask everyone else also to call ...
CADude
10-02 03:58 PM
This is post responsible to monitor USCIS actions. :)
who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?
who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?
more...
chmur
01-09 10:14 PM
Nebraska members , join the state chapter
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gc_on_demand
04-01 03:57 PM
Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.
Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?
Perhaps he meant September 2006.
In CP process USCIS transfer I 140 / I 130 etc to NVC as soon as they get approved. but they sit there for years before NVC thinks date will be current soon and they send out fees invoice.
I am beneficiary of I 130 ( Family based petition ) and my I 130 at NVC for almost 2 years now. and when my date will come close to current ( in next 10 years ) they will send me fees.
Hope I become US citizen before that......:)
Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?
Perhaps he meant September 2006.
In CP process USCIS transfer I 140 / I 130 etc to NVC as soon as they get approved. but they sit there for years before NVC thinks date will be current soon and they send out fees invoice.
I am beneficiary of I 130 ( Family based petition ) and my I 130 at NVC for almost 2 years now. and when my date will come close to current ( in next 10 years ) they will send me fees.
Hope I become US citizen before that......:)
more...
shirish
08-14 03:35 PM
Thankx fo rthe response.
Does this mean i will surly get a RFE, and if it is say 1 year later, will i have to go for the medical exam again?
You should be fine, one of the latest FAQs says you can file without medical report.
Does this mean i will surly get a RFE, and if it is say 1 year later, will i have to go for the medical exam again?
You should be fine, one of the latest FAQs says you can file without medical report.
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sundarpn
01-02 12:27 AM
This is useful info. But scary :(:mad:
I was planning to get my h1b visa revalidation done at Chennai end of Jan '08.
Can anyone who goes for H1b revalidation post their experiences?
is this showing any signs of improvement?
I was planning to get my h1b visa revalidation done at Chennai end of Jan '08.
Can anyone who goes for H1b revalidation post their experiences?
is this showing any signs of improvement?
more...
pappu
08-04 07:46 PM
I am researching this topic and will post more as I find answers
================
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_bcs.pdf
http://immigrationvoice.org/media/forums/iv/others/FBI_NNCP_part1.pdf
================
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_bcs.pdf
http://immigrationvoice.org/media/forums/iv/others/FBI_NNCP_part1.pdf
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trueguy
08-21 03:06 PM
Here is the link I was referring to in my earlier post: http://immigration-information.com/forums/blog.php?b=13
I'm not sure whether USCIS ever *appologized* per say but the second paragraph from the link above supports my earlier argument that the new spill-over policy (which in my personal opinion is more rational) is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.
This is not a proof that DOS apologized. Ron Gotcher is a good lawyer but what he mentioned on his blog cann't be used in court. Anyways, thanks.
I'm not sure whether USCIS ever *appologized* per say but the second paragraph from the link above supports my earlier argument that the new spill-over policy (which in my personal opinion is more rational) is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.
This is not a proof that DOS apologized. Ron Gotcher is a good lawyer but what he mentioned on his blog cann't be used in court. Anyways, thanks.
more...
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WAIT_FOR_EVER_GC
08-14 11:18 AM
Today I received my card in mail.
Greened on 8/3/10
Greened on 8/3/10
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SunnySurya
08-07 10:01 AM
I am no Gandhi and don't want to be one. I am just a common man trying to make my ends meet. Only thing I know is that if you come before me in the line I am affected. It is not a DMV line where every one will get their License, it is a ration line where the items are limited.
Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.
Think about Aman, he is still working for the benefit of EB community even though he got his greencard, I have US Masters degree but I don't support this.
Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.
Think about Aman, he is still working for the benefit of EB community even though he got his greencard, I have US Masters degree but I don't support this.
more...
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nortam1
09-14 06:27 PM
I am on the same boat.
Barrett 10:25am Jul 2nd nothing received.
Barrett 10:25am Jul 2nd nothing received.
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reddymjm
08-07 10:21 AM
Any way this will fail. Lets see at what point it fails...
more...
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vsrinir
09-12 08:52 AM
I called list
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QB_man
02-15 02:12 PM
Can anyone tell me if we have to wait on the DOS number all the way till we hear a voice or can we dial an extn? also is there any other number that my employers can call?
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GCKaIntezar
05-18 03:57 PM
Hi All-
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.
Thanks in advance.
From http://www.immigration-law.com/
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions
USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.
http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.
Thanks in advance.
From http://www.immigration-law.com/
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions
USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.
http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf
chandooo
10-09 09:39 PM
At last, after 10.5 years, 4 employers, 2 Labor filings, 1 Perm and 2 -I 140 (One from my employer and one from my spouse employer),1 - I485 filing, 2 SR, 1 senator request, 1 infopass - Got the mail - CARD PRODUCTION ORDERED for self, spouse and son.
What to do now? I dont know, for the last many years, used to think everyday about this 'CARD' and now nothing else to think about. May be, I should start thinnking about ????
But for now, Just going to relax and savor the moment.
Thanks for all the Guys, Gurus, Seniors, Juniors and all who contributed to the various discussions. I am pretty sure that I cannot stop logging to this website even I got my 'Card'. I will try to help you guys in some way or the other.
My priority date : April 25 2006 Eb2
Received date: Aug 08 2007
Notice date: Sep 19 2007
I485 Approval date : Oct 4 2010
congrats bro stop thinking let it(life) curise for a while then think .................
What to do now? I dont know, for the last many years, used to think everyday about this 'CARD' and now nothing else to think about. May be, I should start thinnking about ????
But for now, Just going to relax and savor the moment.
Thanks for all the Guys, Gurus, Seniors, Juniors and all who contributed to the various discussions. I am pretty sure that I cannot stop logging to this website even I got my 'Card'. I will try to help you guys in some way or the other.
My priority date : April 25 2006 Eb2
Received date: Aug 08 2007
Notice date: Sep 19 2007
I485 Approval date : Oct 4 2010
congrats bro stop thinking let it(life) curise for a while then think .................
ab_tak_chappan
08-20 11:58 PM
Guys why dont you get it??? :mad::mad::mad::mad::mad::mad:
EB1 is the most imp for US, followed by EB2, followed by EB3?
Why should USCIS follow the approach of oldest priority first? without any regards to the EB categories?
EB categories were created for a reason, doesn't matter how smart you are. If you are in lower skill category your wait is bound to be more. I don't see anything wrong in that.
If EB1 is current and EB2 takes 4-5 years you can't just start crying. Similarly if EB2 takes 2 years and Eb3 takes 7-8 years you can't panic. Stop being a cry baby and start respecting the inter EB level priority.
EB1 is the most imp for US, followed by EB2, followed by EB3?
Why should USCIS follow the approach of oldest priority first? without any regards to the EB categories?
EB categories were created for a reason, doesn't matter how smart you are. If you are in lower skill category your wait is bound to be more. I don't see anything wrong in that.
If EB1 is current and EB2 takes 4-5 years you can't just start crying. Similarly if EB2 takes 2 years and Eb3 takes 7-8 years you can't panic. Stop being a cry baby and start respecting the inter EB level priority.
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