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  • surabhi
    07-21 05:13 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).

    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.

    Out of that 94,000 were used in 2005.

    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    I havent researched FB category , so apologize if its silly question





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  • mallu
    02-15 04:41 PM
    ....

    The story is different for EB immigrants. Their eligibility does not expire. That's why it's possibile to recapture numbers from the previous years.


    So, my sending letter to pres. Bush to recapture unused visas is not a waste.





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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.

    peace.





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  • sanjay
    03-31 02:43 PM
    Here are the comments I got from people when I asked Marphad to add Modi name to the list.

    * you racist hindu bastard...

    * take this nonsense elsewhere

    * xxxxxxx

    * xxxx xxx.

    * You get what you deserve. What's so "non-annonymous" about "sanjay"? You are now a minority in this country. Maybe Americans should treat you like Modi treats minorities. Maybe then you will understand the value of life. All life.

    * ??


    HUH ! ! ! Long live Democracy. And 18 people had polled for Modi as of now.



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  • unitednations
    02-14 11:49 AM
    Is there any proof that there are even are unused visas? I find this topic a rather moot point.

    With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.

    With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.

    Am I just totally missing the point?!

    It is an important topic.

    Reason is:

    2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.

    How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?

    What is impact by eliminating the 7% limit

    What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.

    For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.





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  • Ramba
    12-14 12:19 AM
    One cannot challange the content of the INA. Immigration is a privilage not a right. US citizens/lawmakers decides who they or how many they want to allow per year through INA. One can not challange this. For example, before 1960, US allowed only europians not asians. Though, US immigration has a history of 200 years, Indians were not allowed before 1960 in EB catagories. One could not challange then. Tommorow if they amend the INA, by saying no asians allowed in EB catagories, one cannot challange that.

    One can challage only if any branch of government violates the law. One can not challange why the law do not have some other provision or why it has only 7%?. It was determiend by congress and signed by president. For example, in H1B, they have special quota for Singapore/Australian nationals. One can not question that. Now, Newzland citizes can not ask/sue, why australians and why not newzlanders in special quota? The same situation in GC system.

    There is no ethics/rights in immigration. For example, a janitor/unskilled worker can become citizen after 3 years of LPR(GC) status if his/her spouse is a US citizen and he/she got the GC thro US spouse FB sponsership. At the same time, if a nobel prize winner got GC through EB1 catagory, he/she has to wait 5 years to become citizen after LPR status. This is what the law says. So, this nobel prize winner can not sue the government why the INA is not favorable to him.



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  • vinay0622
    07-29 10:16 AM
    Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.



    Thanks..Samay.
    I appreciate, You took time to answer my question.





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  • vamsi_poondla
    02-14 12:06 PM
    I do not support law suit for two reasons,
    1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
    2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy

    I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.

    You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.

    I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.

    Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.

    I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.

    Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.



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  • andy007
    07-03 10:25 PM
    --------------------------------------------------------------------------------

    http://www.wesh.com/money/13616272/detail.html


    http://www.edmontonsun.com/News/Worl...08500-sun.html


    http://www.kswo.com/Global/story.asp?S=6740337


    http://www.onelocalnews.com/howellti...news&id=129492


    http://economictimes.indiatimes.com/...ow/2170349.cms

    http://www.foxnews.com/wires/2007Jul...nCards,00.html


    Thanks i am looking for CNN also ..





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  • h1techSlave
    09-25 01:37 PM
    A quarterly spill over is advantageous to every body in the playing field.

    It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.

    So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.

    Unfortunately we will have to wait until march and not december to find out if DOS is doing quarterly spillover because EB2 row already has more than 7000 pending 485, every quarter there are about 10000 Eb 2 visas, so technically there are already enough EB2 row 485 applications to use up the first quarter numbers.

    offcourse there are only 4000 pending eb1 485 applications and assuming not more than a 1000 new eb1 applications are added to the list there would be 5000 visas that could be spilled over into eb2, the problem is we dont know
    1. If DOS will do spillover every quarter
    2. if by miracle they do spillover will it only in there respective categories i.e Eb2 row to to eb2 india\china, or accross categories eb1-row to Eb2 row to Eb2 India\china

    These questions can only be answered by DOS. Hope DOS looks at what USCIS did and comes out with a Q&A of there own which explains if they are going to do a spillover every quarter or not. If not we will still be speculating to no end. Do we have to file another FOIA request to DOS to find out if they are going to do a spillover every quarter? I hope DOL also published a report every quarter like USCUS which contains the numnber of perm applications pending by month, year and country



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  • Caliber
    09-04 09:37 PM
    Now I think new people are running IV.
    xxxxxxxx (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.

    It was Jesus's decision to punish YSR for having used his name to kill innocent people. Do you want to be next in line? Learn forum rules. When you do not use your real name, you have no right to use other's real names.

    Walden Pond spent US $ 65,000.00 of his own money for the sake of others and not for his personal benefit. You did not contribute single dollar and talk others with names?

    Please behave yourself.





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  • krish2005
    05-18 06:13 PM
    To me: sinhalas and tamils look very similar.
    This guy even goes further and says they are one and the same.

    http://www.geocities.com/nallathambi_thevar/TamilSangam_Mauryas.htm

    The present day Sinhala-Tamil conflict though originally a conflict between followers of Hinduism and the neo converts to Buddhism had morphed into a conflict between casteist Tamil Hindus and Tamil followers of �Organized Buddhism� to a conflict between Tamils and Sinhala with the converted Buddhist shifting there allegiance to Pali/Sinhala.Organized Buddhism succeeded in separating Elangai from Tamilakam with its own language of Pali/Sinhala.

    If we are trying to quote facts here then myths also come into play. Remember the ramayana when ravana was ruling srilanka. Who were those in Srilanka at that time ? Were they tamils ? No. If that can be accepted true then natives of srilanka should not be tamils. We dont know that time of ramayana tamils were a clan that even existed. But tamil is a age old language so tamils were one of the earliest clan too.

    Only way a co-existence could be established is by the world exerting pressure on lanka to
    treat tamils as brothers. If tamils existing there are citizens (granted by lanka), then why the inequality in rights. These armed groups only spring into existence because of suppression or power greed. Earlier times it was suppression, later it became power greed which killed the cause. Peaceful protests are always watched and will be supported by world. With technology in hand, (post LTTE) tamils could show to the world that they have a peaceful fight at hand.



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  • kumar1
    07-13 04:27 PM
    I'm tired and extremely frustrated. Maybe this country does NOT need
    an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.

    Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?
    Google "Canada Immigration"... very first link that you get will be very useful.





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  • alisa
    06-28 08:35 PM
    June 28, 2007
    USCIS: RUMORS OF EARLY VISA RETROGRESSION

    Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.

    Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.

    If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.

    We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.

    The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available

    Folks.
    It might be a cruel joke that USCIS plays on us.
    They can do whatever they want.

    For heaven's sake, lets just accept it, and hope for the best.



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  • immigrationvoice1
    02-14 12:22 PM
    I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.

    Man... you can't bring some example, not to be accused of something... Come on guys.

    Happy Valentine's Day.

    ....and without them, we won't have World Wars, Cold Wars, Star Wars, Nuclear Bombs, Present Day wars, Apartheid, Colonialism etc etc etc.... too! ....way to go Europeans and people who immigrated to USA from Europe....

    Happy Valentine's Day!





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  • kc_p21
    01-14 09:26 PM
    You should change your user name to PALIN_Speak and all will ignore your messages!



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  • GC_Applicant
    07-26 07:44 PM
    I was also thinking on the same lines. Are all Desi's loosing money and wasting their time. There's got to be something behind it..,

    These people hardly shell out a few dollars or time for IV which benefits them way more than Quickstar., then why waste their time on it., Makes me think.

    Disclaimer: I'm not associaetd with any sort of pyramid scheme..

    Devil's advocate





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  • hydboy77
    09-23 07:35 PM
    Unfortunately we will have to wait until march and not december to find out if DOS is doing quarterly spillover because EB2 row already has more than 7000 pending 485, every quarter there are about 10000 Eb 2 visas, so technically there are already enough EB2 row 485 applications to use up the first quarter numbers.

    offcourse there are only 4000 pending eb1 485 applications and assuming not more than a 1000 new eb1 applications are added to the list there would be 5000 visas that could be spilled over into eb2, the problem is we dont know
    1. If DOS will do spillover every quarter
    2. if by miracle they do spillover will it only in there respective categories i.e Eb2 row to to eb2 india\china, or accross categories eb1-row to Eb2 row to Eb2 India\china

    These questions can only be answered by DOS. Hope DOS looks at what USCIS did and comes out with a Q&A of there own which explains if they are going to do a spillover every quarter or not. If not we will still be speculating to no end. Do we have to file another FOIA request to DOS to find out if they are going to do a spillover every quarter? I hope DOL also published a report every quarter like USCUS which contains the numnber of perm applications pending by month, year and country



    I completely agree with this. USCIS has better date than prior years. PD for October is Jan 2005,the numbers available for first quarter is 750 (approx) and around 700 I485s are in Jan 2005. We will know in Dec whether quarterly spill happens or not.





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  • alterego
    10-07 04:40 PM
    Sachug22,

    I can pretty much guarantee you, if there is no quarterly spillover, your projections for without quarterly spillover are way too optimistic.
    Your with quarterly spillover numbers are probably closer.
    Of course with the USCIS, all rules, logic and common sense goes out the window. Poor State Dept has to read them and their productivity/intentions monthly, and of course we are on the receiving end of their non sense.





    okuzmin
    05-09 01:37 PM
    hasanuic, check this page before you send your RPRF fee:

    http://geo.international.gc.ca/can-am/main/visas/fee_schedule_us_dollars-en.asp

    We just sent the last requested docs a week ago to the Consulate, and I used this page to get a money order with our RPRF fees.





    Roger Binny
    05-28 11:46 PM
    Problem is with out any attorney's support or making a case for them they cannot file it, stupid creativity by legal folks and these sweat shop clowns.

    Same thing happened with labor substitution, these clowns sold their labor certifications to just came in tards for a premium, and they got their GC's.

    Fr****ekkkkkin loop holes.



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