Tuesday, July 5, 2011

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  • bostonqa
    12-13 12:25 PM
    Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?

    Since May 2005

    EB2 India has moved by 1 week.

    so its ONE week in 9 months!

    no matter what excuse they have, this is just pathetic.

    well on the other hand if they can screw up FEMA, Immigration isnt even a blip on this nations radar.




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  • hydboy77
    02-12 10:05 AM
    DOS and USCIS are making sure no visas are being wasted in any category whether it is FB or EB category. In this situation we cannot expect any FB visa wastage and spillover of those FB wasted visa in EB category anymore. Without the FB spillover there will not be any forward movement in EB2 during the august-september visa bulletin. Mpadapa analysis seems to be correct and is also backed by facts and numbers. With only 140k visas for EB and without any FB spillover we might actually see dates moving back and staying stagnant for EB2 india. Remember Eb2 india has never managed to move beyond April 1 2004 without the FB spillover in the last quarter.This is a terrible shock to everybody in EB2 India, I have been saying this all along that EB2 will be stagnant or move backward (because of eb3 line cutters).

    My document uses similar method as used in 2007 USCIS Ombudsman report.
    Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
    Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )

    The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.

    The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.

    It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.




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  • victimofCambridgeResGrp
    06-05 02:44 PM
    To my understanding you can use EAD and then switch back to H1. However, it is still unclear if one can do job on EAD as well as hold the H1 status.




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  • glus
    12-28 09:48 PM
    Anyone invoking AC21 with unapproved I-140?


    It is risky to change employers after 180 days before I140 is approved. If it comes to issues, when USCIS realizes one changed employment before I140 was approved, USCIS needs to verify that the underlying I140 was approvable at the time the change of employment occurred. By approvable it means that at that time there was no reason to issue a major type RFE for pending I140. If, for instance, the USCIS notices that at the time one invoked AC-21 and I140 was not yet approved and the I140 petition did not include (or included incomplete) educational documentation, it will say that the I140 was NOT approvable due to material evidence missing. And, at that time AC-21 can't work and may cause huge issues. One should be very wary of this and in general attorneys advise to wait until I 140 is approved before invoking I140.

    Hope it helps.

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