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  • sumitpendharkar
    06-28 06:08 PM
    Visa Bulletin April 2007
    PD for Other workers category was 01 Oct 2001

    E. VISA AVAILABILITY DURING THE COMING MONTHS

    Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.

    Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.

    Visa Bulletin for May 2007
    PD for Other workers category was U (unavailable)

    E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY

    The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.

    Visa Bulletin for June 2007
    PD for Other workers category was 01 Oct 2001

    D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE

    A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.


    So the VB does in fact indicate that there is only a "small June allocation" possible.





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  • PlainSpeak
    01-14 02:38 PM
    Please, please, please share your ideas - having created the curiosity, now please do not deprive us of your ideas. Just keep them specific and actionable.
    My friend gcdream 2001 please read through the whole article and understand that there is some action which needs to take place before i even open my mouth about any ideas.

    BTW the negentive count is now 3500.





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  • Macaca
    01-28 09:11 AM
    This info is useful to novices for survival. Like many other postings, I had never heard about it.

    I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.





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  • sweet_jungle
    02-12 11:39 AM
    huge move for EB3 ROw. it was expected I think.



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  • voldemar
    03-29 03:02 PM
    OK, I've done some more homework and this is what I found in the proposed rule text:

    Basically it says that the rule applies to:

    (i) pending labor certification applications and
    (ii) approved labor certification which have not yet been filed with USCIS

    So it looks like you won't be affected if your case is already pending with the USCIS.Good catch!





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  • vin13
    09-15 12:41 PM
    Seems like the spill-overs happen at the end of the year which helps dates for India to advance.

    Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.



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  • cygent
    12-19 05:06 PM
    All,

    I have created DIGG article for this, Please digg it.

    http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2

    Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!

    ******

    Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.





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  • villamonte6100
    12-14 02:09 PM
    Could you please tell us the problem on this law that can be changed to help us.



    Federal Equal Employment Opportunity (EEO) Laws

    The Federal laws prohibiting job discrimination are:

    Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

    the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

    the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

    Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

    Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;

    and

    the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.



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  • morchu
    06-13 11:10 AM
    Dilip,

    There are no excuses. You are closing the doors behind and trying to forget the path you came through.

    Have you heard about globalization? We are not there yet, but that is inevitable. People and humanity are beyond the boundaries of countries or governments.

    If a "low-cost" person can do the same job as you, and the employer is happy with the quality of the job, there is NO reason for you to cash-in more for the same job. Nobody is superior. Everybody deserves their chances, irrespective of their education or college or economic background.

    I can understand similar wordings from non-thinking public who never had to face real human issues or have seen dirt of poverty. But that coming from somebody who went through the hardworking path is unbelievable.

    Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.





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  • praveenuppaluri
    09-03 11:27 AM
    I am not a congress supporter and I am definitely not a YSR fan. He was a very powerful man in AP and look at the way he died.. horrible death. it sure is very sad that 5 people died that way. may their souls rest in peace.



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  • gondalguru
    07-17 01:50 PM
    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
    INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.

    Look at my prior post. I think spill over will happen every quarter.





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  • JunRN
    09-23 02:34 AM
    I like the idea and I support it. Just want to make sure that we offer something that is acceptable to both Rep. and Dem.

    At first sight of this proposal, those who oppose "non-quota" migth turn off immediately and not be open for further discussion. Imagine, even investor visa has quota of 10,000 per year.

    I agree that the current situation might change their minds. This proposal is better than doing nothing at all. I, myself, is not yet buying a house until I get my GC or atleast be sure to get one in the near future. I am worried though that my bank savings will go to drain.



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  • prem_goel
    05-29 03:02 PM
    I've met couple of guys who came on L1 and have filed GC in EB1. they are simply project managers and exploited this loop hole... I'd raised this issue earlier but was scoffed stating that I would have done the same if I would have been at their place...Felt like slapping the guy who made this stupid comment.

    Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....

    Please PM me if you have the details.





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  • sidbee
    06-02 03:44 PM
    Why is it absurd to change the country quota? What is the use of the country quota..is it necessary for diversity? The primary basis by which a person qualifies for employment based GC is through his academic qualifications and work experience....how is deciding how many GCs you would give based on country of birth relevant in this case. What is the basis of such a rule unless you want to limit the no. of people coming from countries which produce large no. of qualified, educated people. How is this fair considering that India and China produce at least 10 times more college graduates than most other countries in the world other than the USA.

    If promoting diversity was the cause, there's already a diversity GC process and people from India, China and some other countries are not eligible to apply in those categories.
    If limiting people from certain ethinic backgrounds based on current population of USA is a criterion - lets get this fact straight - Indian americans are less than 0.4% of US population there are far more people of vietnamese, philipino and few other southeast asian origin in the USA. In fact if limiting people of certain ethnic background from becoming larger part of the population and maintaining racial diversity had been a criterion, people of Irish, Polish, British, German (or most EU countries) shouldn't be allowed to immigrate to US at all since people of those heritage already form large % of the population. Yet, any similarly qualified person from these countries can get a EB GC in a year or two now while an Indian has to wait 8 - 10 years.

    I am quite sure a skilled civil rights lawyer can prove the current situation against Indians in EB category as case of discrimation based on country of birth, since the stated goal of the EB category is immigration based on skills and academic qualifications.

    I am the one , who proposed this idea, and people tend to disagree.
    I am again saying , the only solution is a lawsuit.



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  • gcsucks
    09-29 04:45 PM
    You have to live two years in Canada in order to get your Canadian
    Citizenship.

    correction. 3 years





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  • kuhelica2000
    02-12 05:58 PM
    Quota means a guaranteed number of visa for a country. For example if there is a 3% quota for monorities in college admissions, it guarentees 3% will go to minorities. There is no such quota for green card; only maximum limit a country can use. Even with this limit India captures more visas then any of the ROW countries.


    Getting rid of quotas will help. We will not be in a situation where
    - EB2 is current for ROW and unavailable for India.
    - EB3 is in year 2005 for ROW and stuck in 2001 for India

    Adding more visas is a legislative process. Applying per country quota is as
    per DOL�s discretion.



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  • morchu
    05-29 04:09 PM
    Destructive thinking is not helping. Constructive thinking is what we need.
    Who gets there "earlier" is not important. Can you get there "faster" is what is important.





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  • chintu25
    02-14 02:02 PM
    There are moments when the will of a handful of free men breaks through determinism and opens up new roads.

    ~Charles de Gaulle





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  • ocpmachine
    09-17 11:21 AM
    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.

    This is not entirely true, the spillovers in 2008 was given to PD's till mid 2006 and cases with FBI namecheck pending(PD's 2003/4/5) were not approved, so 2008 spillovers did not go fully to 2003/4/5 PD cases. However, in 2009 the spill overs go entirely to 2004 cases as FBI cleared name checks and due to pre-adjudication.

    So my take is it took part of 2008 spillovers + entire 2009 spillover numbers just to clear 2004 backlog, unless we have pre-perm Jan-Mar05 numbers we really cant logically predict the EB2 movement.

    Edit: oops, i see sachug22 already posted a similar reply, sorry for the duplicate post.





    GCwaitforever
    02-14 03:01 PM
    Is there anybody in the 'YES' voters in Washinton DC (or near by) who could go and talk to Rajiv Khanna? If not, let us close this thread.





    onemoredesi
    05-19 01:12 PM
    Thx for the info.. knowDOL. Could you pls suggest me where you found that information (reg EB3 not coming under the cap).
    Also, I have not received my 45 day letter so far.. don't know how long it is going to take..

    August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.

    What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.