Kama Of Kingstone

Few points to add......

Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.

EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.

The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
2> ROW EB3 porting to EB2.

Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.

second point is the only negative for spill over numbers.

Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.

So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep �2011.

HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.

If we have all resources required to do MBA fulltime from a reputed school then there is no dilemea, one should opt for it. When resources are limited (need to work fulltime, has family with small kids, limited $$$ etc) then online is a better choice compared with part time. Students working for an Online MBA do develop good network and such degrees are being more and more accepted. Online course needs more descipline and dedication than the regular courses. The interaction between students and professor is more in a online course than in a part time course. You spend more time in research than in travel. Flexibility is another advantage.

My client CIO did MBA from University of Pheonix in 2006 and he was hired as CIO in 2008. I am talking of a company with more than 5000 IT staff. So its my opinion that Online MBA is valued by the industry.

http://rankings.ft.com/exportranking/online-mba-2009/pdf

by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........

so what happened to the quareterly spill over ???????????

Just want to know is quareterly spill over a law or procedure .. Could they hold on spill over .. May be USCIS was not ready to approve 485s .. and have asked DOS to hold on dates until they have some pool of files that can be assigned visa numbers.

Aw darn!

It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?

Looking really good Elisoe!
Thanks Grinch (hope you had a nice trip!) Keep up the great work!
Guess my curiosity is being satisfied, so thanks guys! :D

Anyway, here i�ll post a little list of sites with textures, some are ready to be used, and tileable, some still need to undergo some retouching... or more.... :) Hope it helps!

http://lemog.club.fr/index.html
http://astronomy.swin.edu.au/~pbourke/texture/ (http://astronomy.swin.edu.au/%7Epbourke/texture/)
http://textures.forrest.cz/
http://www.mayang.com/textures/
http://www.davegh.com/blade/davegh.htm
http://3dtronic.webbied.com/
http://digitalcraftsman.com/textureBin/textureBin.htm
http://www.animax.it/#
http://earthobservatory.nasa.gov/Newsroom/BlueMarble/
http://www.visibleearth.nasa.gov/ (sorry but down at this moment...)
http://gw.marketingden.com/planets/planets.html
http://www.imageafter.com/

Happy texture hunting :pir:

http://www.immigrationforum.com/forums/index.php?showtopic=1990

Let us have a conf call on 01/27/07 at 10.00 AM. I will post the conference details soon.

Thanks,
Varsha

Hi,
I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day.
Please Guide Me

Mahesh

you dont have to do anything. Based on your L2 petition you will get an I-94
valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?

I have RN since i filed in June.
I deleted my original post since you answered:-) thanks!

This brings up an interesting possibility for me. My first I-140 has been approved over email (awaiting physical receipt), although the Successor in Interest I-140 is pending.

Does the I-140 receipt always contain the A#? I will have to wait to see the physical receipt notice!

Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?

its amrit..drink of the gods...so its befitting.

What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.

If you are lazy enough to contact your representative and Obama, you should not complain for not getting your voice heard. Each and every email matter. Also contact Rep. Sheila Jackson-Lee [D, TX-18] on her website. contact all. It wont take 5 minutes.


Dear (Congressman/woman, Pres. Obama):

Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.

1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.

2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.

Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.

Kind regards
(Your name)

https://writerep.house.gov/htbin/wrep_save

http://www.whitehouse.gov/contact/


Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....

That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.

I agree!

The three prone system is in place to keep check and balances. I think it will be good idea to take it to judiciary. Judiciary can advice legislative and executive branch to resolve the problem. I think just going to that level will trigger lot of momentum.

Money Comes and Goes
You Live for the
History Books
His Airness, Michael Jordan: The Best Ever

06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

* By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

* Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

* Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

* Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

* For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.

How do you know if labor is EB2 or EB3?

Hello all,

How do you determine if the category is EB2 or EB3? How can you find that out from which document?

Thanks!

I may be little out of touch but I don't understand why DOL won't give EB2 classification to IT Positions?



With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

Most immigrants and potential immigrants are within Top 20% of US population.

Can you tell us from where you got that information?.

We sent a letter to USCIS to revoke the existing G-28.
We just sent a letter and 485 receipt for me and my husband.

Just wanted to let u know.

Thanks for sharing the info. Did you get any new attorney?

I feel this move is to benefit EB-2 China, Since the EB1 and EB2 overflow are evenly distributed across china and india, keeping PD with 2004 would be a loss for china and gain for India. So by keeping 2006 June, USCIS will have enough visa numbers for China . India's share will be consumed by 2004 and 2005 applicants.

Even if India's PD is going to be in 2006 mid, this would result some adhoc or lucky one in 2006 getting GC than a majority of applicants. PD for india would move back to 2004 or 2005 by october 08.

If USCIS follows the same rule again then by next year end the PD for India will move.

This is my guess.

Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?

I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.