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  #4786 (permalink)  
Old 01-09-2012, 03:19 PM
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Thanks for this info. That's really good news.
Quote:
Originally Posted by akshaya10001 View Post
in imminfo.com in "Feb 2012 Visa Bulletin is out" forum Ron Gotcher posted below message these message looks to be positive for people with PD in after 01/02/2010.

"It will depend on the reported demand, but unless something changes, look for another one year advance in China/India EB2"

"The Visa Office uses all known demand through about the 25th of the previous month. They take into account NVC cases that are deemed "documentarily qualified" as well as known USCIS demand for visas. They look at the available supply of visas for the upcoming month, apply the known demand to it, and try to calculate how many applicants can be given visas without exceeding the permissible supply"

"Based on the information contained in Part D, as well as the announced demand data, it appears that the USCIS is not doing a very good job of processing files to completion. If this continues (and it likely will), then it is entirely possible that India and China EB2 could become current or near-current by May."
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  #4787 (permalink)  
Old 01-09-2012, 03:25 PM
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Great strategy. This kind of information will certainly get lot of viewers to the website run by a lawyer. Talking against USCIS will win more friends from viewers that are stuck in system and blame USCIS. No other website can beat this prediction. What is more bigger news for EB2 than becoming current?
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  #4788 (permalink)  
Old 01-09-2012, 05:57 PM
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Quote:
Originally Posted by akshaya10001 View Post
in imminfo.com in "Feb 2012 Visa Bulletin is out" forum Ron Gotcher posted below message these message looks to be positive for people with PD in after 01/02/2010.

"It will depend on the reported demand, but unless something changes, look for another one year advance in China/India EB2"

"The Visa Office uses all known demand through about the 25th of the previous month. They take into account NVC cases that are deemed "documentarily qualified" as well as known USCIS demand for visas. They look at the available supply of visas for the upcoming month, apply the known demand to it, and try to calculate how many applicants can be given visas without exceeding the permissible supply"

"Based on the information contained in Part D, as well as the announced demand data, it appears that the USCIS is not doing a very good job of processing files to completion. If this continues (and it likely will), then it is entirely possible that India and China EB2 could become current or near-current by May."
Thanks for posting. This seems to be happening for the Jan & Feb VB's. Good for everyone since the dates made massive advancements in the last 2 VB's especially. Theoretically now 2 more 1 year advancements are required to make the dates literally current. The USCIS processing speed will now hold the key if they are looking at the "documentarily qualified" as the demand. Good luck to everyone in 2010 for the next VB. Let’s keep monitoring the approvals, there certainly have been brisk approvals in the early days of the month / year.
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  #4789 (permalink)  
Old 01-09-2012, 06:24 PM
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Quote:
Originally Posted by TeddyKoochu View Post
Thanks for posting. This seems to be happening for the Jan & Feb VB's. Good for everyone since the dates made massive advancements in the last 2 VB's especially. Theoretically now 2 more 1 year advancements are required to make the dates literally current. The USCIS processing speed will now hold the key if they are looking at the "documentarily qualified" as the demand. Good luck to everyone in 2010 for the next VB. Let’s keep monitoring the approvals, there certainly have been brisk approvals in the early days of the month / year.
Hi Teddy,

are there any approvals for july 2007 - dec 2007 batch yet?
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  #4790 (permalink)  
Old 01-09-2012, 06:27 PM
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Default EB3 to EB2 porting strong point

Can anyone please help me in deciding whether I can go for EB3 to EB2 or not? Any strong points to move forward?

Current status:
------------------------------
1. Priority Date Aug 2003
2. Current Job with top big company is fine.
3. Bought house and settle down in one location
4. Feeling bad on my self for not getting Green Card when I look at the freshers getting it.
5. Feeling like I am not competitive.
6. Feeling of impact on future job if it is based on Citizenship and If I do not have citizenship by that time.

If port to EB2:
--------------------
1. Need to refresh my skills.
2. Look for jobs.
3. Need to look for a right employer with good USCIS track
4. Possibility of changing jobs often on contract positions
5. Life will be disturbed little bit.
6. May end up spending more time on Job and immigration things rather than taking care of kids.
7. Possibility of unwanted relocation

One of my friend suggested that JOB is more important than anything else. Also he said "Worrying on EB3 Greencard is better than worrying on EB2 and Job changes and new filings, life disturbance etc.,".

Please advise.
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  #4791 (permalink)  
Old 01-09-2012, 07:33 PM
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Default

Unfortunately, the picture is quite different. H.R. 3012 and many other Immigration reforms are the ONLY answers. Look at the statistics and history than believing on some news.

Here is the history:

June 2007
EB2 I - 01 APR 2004


July 2007
EB2 I - Current


This is what July 2007 Bulletin said about future movement--

All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.

August 2007
EB2 I - Unavailable
(EB 2 was unavailable for all countries. Even EB1 was unavailable for all countries.)

Visa Bulletin said, all numbers got utilized so ....( How can EB1 becomes unavailable, if mass filing is done in EB2 not in EB1 !!!. It tells great story about how people operate in USCIS building. They might have seen pile - more than 60,000 - of applications, and they would have assumed its mix of everything so they had even EB1 unavailable. This clearly tells its highly inaccurate counting system they have. It might be stone-age counting system they are using)

September 2007
EB2 I - back to 01 Apr 2004 !!



July 2008
EB2 I - 01 Apr 2004
(He He ... 1 year .. no change !! )

July 2009
EB2 I - 01 Jan 2000
(yes 2000 !! - back dated ... as they said, in July 2007 bulletin, they severely retrogatted the dates. They kept their words, at least, somewhere )

July 2010
EB2 I - 01 OCT 2005


July 2011
EB2 I - 08 Mar 2007


July 2012
EB2 I
- Severely Retrogatted ??



So, history tells a lot, about how they operate, how their calculations operate and how their mind works .... They have NO clue on demand (or atleast they show that way ), and they have NO clue on when to open the dates.

People who got current in 2010 or 2009 .. I guess, the joy is temporary .. Soon there will many who will be stuck with EADs, only 2 industries will get financial gain (1) Lawyers who help transferring on EAD etc (2) USCIS who got I-485 application fees + USCIS who will get application fee for EAD transfer etc.

That doesn't mean that it is not time for celebration for people who got current, it's just -- it is also moment not to ignore the realities / numbers and not to ignore support for HR 3012 ... I am EB-2, so not biasing it from EB-3 perspective ...


Cheers,



Quote:
Originally Posted by akshaya10001 View Post
in imminfo.com in "Feb 2012 Visa Bulletin is out" forum Ron Gotcher posted below message these message looks to be positive for people with PD in after 01/02/2010.

"It will depend on the reported demand, but unless something changes, look for another one year advance in China/India EB2"

"The Visa Office uses all known demand through about the 25th of the previous month. They take into account NVC cases that are deemed "documentarily qualified" as well as known USCIS demand for visas. They look at the available supply of visas for the upcoming month, apply the known demand to it, and try to calculate how many applicants can be given visas without exceeding the permissible supply"

"Based on the information contained in Part D, as well as the announced demand data, it appears that the USCIS is not doing a very good job of processing files to completion. If this continues (and it likely will), then it is entirely possible that India and China EB2 could become current or near-current by May."
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  #4792 (permalink)  
Old 01-10-2012, 01:13 PM
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Default EAD after Biometric Appt - how long?

First of all great work from the people who make IV happen - a place of calm amidst the chaotic surroundings.

My PD is Nov 2007 (EB2) and i was finally able to file 485/EAD/AP last month. My question is i got my Biometric Appt notice for Feb 02, 2012 :

1. Generally how long after the Biometrics appt does the EAD card come? Or asked another way when should i expect the EAD
2. Based on the best knowledge of the gurus when can i expect the GC to arrive! (485 Filed on Dec 20, 2011)

Go IV!!!! Great Job by everyone!! We cannot giveup until the last guy (EB1,Eb2,Eb3...all) gets their GC in a reasonable timeframe!
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  #4793 (permalink)  
Old 01-10-2012, 01:30 PM
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Quote:
Originally Posted by rajasaab View Post
First of all great work from the people who make IV happen - a place of calm amidst the chaotic surroundings.

My PD is Nov 2007 (EB2) and i was finally able to file 485/EAD/AP last month. My question is i got my Biometric Appt notice for Feb 02, 2012 :

1. Generally how long after the Biometrics appt does the EAD card come? Or asked another way when should i expect the EAD
2. Based on the best knowledge of the gurus when can i expect the GC to arrive! (485 Filed on Dec 20, 2011)

Go IV!!!! Great Job by everyone!! We cannot giveup until the last guy (EB1,Eb2,Eb3...all) gets their GC in a reasonable timeframe!
We are trying to further suggest pushing eb2 dates . There is also some help possible for eb3 if that happens due to spillover. It is still a very long shot.
We might be posting some action on IV soon to make a good case. Check back regularly.
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  #4794 (permalink)  
Old 01-10-2012, 01:40 PM
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But would EB3-In get the spillover after EB2-I becomes current? Current spillover rule is EB1-EB2ROW-EB2(I/C)-EB3ROW-EB3(I/C). It should be like EB1-EB2-EB3 irrespective of any country. AC21 doesn't say that 7% rule is applicable to spillover visas. Instead 7% rule is only applicable to normal quota of EB1/EB2/EB3 categories which is 40000 per category. Then why USCIS would allocate spillover visas from EB1/EB2 to EB3ROW first instead of FIFO based EB3 applicants. If USCIS is incorrect in this respect then I think we should fight for this.

Check the AC21 spillover rule here. Check SECTION 104-a.

Analysis of S. 2045, American Competitiveness in the 21st Century Act

Thanks

Quote:
Originally Posted by pappu View Post
We are trying to further suggest pushing eb2 dates . There is also some help possible for eb3 if that happens due to spillover. It is still a very long shot.
We might be posting some action on IV soon to make a good case. Check back regularly.
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  #4795 (permalink)  
Old 01-10-2012, 02:14 PM
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Quote:
Originally Posted by pappu View Post
We are trying to further suggest pushing eb2 dates . There is also some help possible for eb3 if that happens due to spillover. It is still a very long shot.
We might be posting some action on IV soon to make a good case. Check back regularly.
Please pardon my ignorance in these matter. Do we know why DoS doesn't just make EB2 current and move on to spillover for EB3? Eventually, things will retrogress, but in meantime many can file for their GC and get some relief and help the extremely backlogged EB3-I.
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  #4796 (permalink)  
Old 01-10-2012, 03:47 PM
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Quote:
Originally Posted by Suva View Post
But would EB3-In get the spillover after EB2-I becomes current? Current spillover rule is EB1-EB2ROW-EB2(I/C)-EB3ROW-EB3(I/C). It should be like EB1-EB2-EB3 irrespective of any country. AC21 doesn't say that 7% rule is applicable to spillover visas. Instead 7% rule is only applicable to normal quota of EB1/EB2/EB3 categories which is 40000 per category. Then why USCIS would allocate spillover visas from EB1/EB2 to EB3ROW first instead of FIFO based EB3 applicants. If USCIS is incorrect in this respect then I think we should fight for this.

Check the AC21 spillover rule here. Check SECTION 104-a.

Analysis of S. 2045, American Competitiveness in the 21st Century Act

Thanks
Suva, Sorry I could not respond back in time to you. Refer to the link below. It is the para2 that is really imposing the 7% rule as the top rule; the term qualified immigrant is determined by that. This will be eliminated by HR 3012 implicitly. The real reason why EB2 I/C is getting spillover is because EB2 ROW is current not simply because EB1 and EB5 are giving spillover. Any spillover from EB2 therefore by default goes to EB3 ROW as they pass the qualified immigrant test. This topic was actually discussed in great detail in the previous version of this thread as well when there were beliefs that last year itself spillover would be high and would go to EB3. Unfortunately what EB3-I specifically requires is spillover going to the oldest PD, this situation right now exists for EB2 because ROW is current there.
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

This is actually a mis-conception, Iam quoting one of my older posts for reference. Pre - 2007 basically low hanging fruits were approved category did not make much of a difference as numbers were wasted.

To put it down very simply there are 2 rules a) 7% Country rule b) Category Rule. Prior to 2007 the 7% rule was being applied first so the order would be EB1 - EB2 ROW - EB3 ROW - EB2 I/C - EB3 I/C After 2007 re-interpretation the category rule became higher EB1 - EB2 ROW - EB2 I/C - EB3 ROW - EB3 I/C. If you see the trend in both cases EB3 - I is in the least beneficial position, prior to Jul 2007 labor and 140 were challenges so anyone who would each 485 stage would get approved anyway as numbers used to get wasted. Unfortunately EB3 - I is a victim of the systems and processes being streamlined not the spillover change. The reason why Eb2 I/C are getting spillover is because Eb2 ROW is current, this is the single most important condition. Both EB2 I/C and Eb3 ROW will literally take several years if ever to be current, so the spillover rule change did not alter the EB3 - I situation in anyway. With Eb2 moving faster actually it makes porting more effective as in someone porting gets GC right away (Preadjudicated prior to 2007), this is beneficial to EB3 I as porting reduces the inventory by 3-4K every year. If the spillover rule had stated as it was prior to 2007 Eb2 I/C would have been stuck way back and porting would have been meaningless.
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  #4797 (permalink)  
Old 01-10-2012, 04:20 PM
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Default This is ridiculous

Quote:
Originally Posted by TeddyKoochu View Post
Suva, Sorry I could not respond back in time to you. Refer to the link below. It is the para2 that is really imposing the 7% rule as the top rule; the term qualified immigrant is determined by that. This will be eliminated by HR 3012 implicitly. The real reason why EB2 I/C is getting spillover is because EB2 ROW is current not simply because EB1 and EB5 are giving spillover. Any spillover from EB2 therefore by default goes to EB3 ROW as they pass the qualified immigrant test. This topic was actually discussed in great detail in the previous version of this thread as well when there were beliefs that last year itself spillover would be high and would go to EB3. Unfortunately what EB3-I specifically requires is spillover going to the oldest PD, this situation right now exists for EB2 because ROW is current there.
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

This is actually a mis-conception, Iam quoting one of my older posts for reference. Pre - 2007 basically low hanging fruits were approved category did not make much of a difference as numbers were wasted.

To put it down very simply there are 2 rules a) 7% Country rule b) Category Rule. Prior to 2007 the 7% rule was being applied first so the order would be EB1 - EB2 ROW - EB3 ROW - EB2 I/C - EB3 I/C After 2007 re-interpretation the category rule became higher EB1 - EB2 ROW - EB2 I/C - EB3 ROW - EB3 I/C. If you see the trend in both cases EB3 - I is in the least beneficial position, prior to Jul 2007 labor and 140 were challenges so anyone who would each 485 stage would get approved anyway as numbers used to get wasted. Unfortunately EB3 - I is a victim of the systems and processes being streamlined not the spillover change. The reason why Eb2 I/C are getting spillover is because Eb2 ROW is current, this is the single most important condition. Both EB2 I/C and Eb3 ROW will literally take several years if ever to be current, so the spillover rule change did not alter the EB3 - I situation in anyway. With Eb2 moving faster actually it makes porting more effective as in someone porting gets GC right away (Preadjudicated prior to 2007), this is beneficial to EB3 I as porting reduces the inventory by 3-4K every year. If the spillover rule had stated as it was prior to 2007 Eb2 I/C would have been stuck way back and porting would have been meaningless.

I didn't know that 7% quota plays a key role in SpillOver Visas . This is completely ridiculous and pathetic .

Oh God!! Its racism , country of birth is given more priority than waiting period even in case of Unused Visas.

This indicates , how important is H.R.3012 .
As this are EB visas. The employers are becoming gods and the employees are becoming losers . If the employees are from retrogressed countries ... No need to stay, how pathetic it would be .
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  #4798 (permalink)  
Old 01-10-2012, 04:42 PM
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Originally Posted by padmaforopt View Post
I didn't know that 7% quota plays a key role in SpillOver Visas . This is completely ridiculous and pathetic .

Oh God!! Its racism , country of birth is given more priority than waiting period even in case of Unused Visas.

This indicates , how important is H.R.3012 .
As this are EB visas. The employers are becoming gods and the employees are becoming losers . If the employees are from retrogressed countries ... No need to stay, how pathetic it would be .
Yes this makes it more important for us to support IV initiatives on 3012 actively.
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  #4799 (permalink)  
Old 01-10-2012, 04:49 PM
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Thanks Teddy for your elaborate response.

But I want to highlight this INA Act. 202. This act was done prior to AC21 and at that point spillover visa rule was non existent. In year 2000 this "Immigration and Nationality Act" was amended with AC21 and spillover visas was introduced. As per the link below this 7% cap is not applicable to spillover visas.

Analysis of S. 2045, American Competitiveness in the 21st Century Act

So spillover visas can be given on FIFO basis. My point is USCIS is interpreting it wrongly and applying 7% quota to spillover visas whereas AC21 doesn't specify this.

My understanding might be wrong. But if I am correct then we need to fight for this with USCIS.

Thanks


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Originally Posted by TeddyKoochu View Post
Suva, Sorry I could not respond back in time to you. Refer to the link below. It is the para2 that is really imposing the 7% rule as the top rule; the term qualified immigrant is determined by that. This will be eliminated by HR 3012 implicitly. The real reason why EB2 I/C is getting spillover is because EB2 ROW is current not simply because EB1 and EB5 are giving spillover. Any spillover from EB2 therefore by default goes to EB3 ROW as they pass the qualified immigrant test. This topic was actually discussed in great detail in the previous version of this thread as well when there were beliefs that last year itself spillover would be high and would go to EB3. Unfortunately what EB3-I specifically requires is spillover going to the oldest PD, this situation right now exists for EB2 because ROW is current there.
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

This is actually a mis-conception, Iam quoting one of my older posts for reference. Pre - 2007 basically low hanging fruits were approved category did not make much of a difference as numbers were wasted.

To put it down very simply there are 2 rules a) 7% Country rule b) Category Rule. Prior to 2007 the 7% rule was being applied first so the order would be EB1 - EB2 ROW - EB3 ROW - EB2 I/C - EB3 I/C After 2007 re-interpretation the category rule became higher EB1 - EB2 ROW - EB2 I/C - EB3 ROW - EB3 I/C. If you see the trend in both cases EB3 - I is in the least beneficial position, prior to Jul 2007 labor and 140 were challenges so anyone who would each 485 stage would get approved anyway as numbers used to get wasted. Unfortunately EB3 - I is a victim of the systems and processes being streamlined not the spillover change. The reason why Eb2 I/C are getting spillover is because Eb2 ROW is current, this is the single most important condition. Both EB2 I/C and Eb3 ROW will literally take several years if ever to be current, so the spillover rule change did not alter the EB3 - I situation in anyway. With Eb2 moving faster actually it makes porting more effective as in someone porting gets GC right away (Preadjudicated prior to 2007), this is beneficial to EB3 I as porting reduces the inventory by 3-4K every year. If the spillover rule had stated as it was prior to 2007 Eb2 I/C would have been stuck way back and porting would have been meaningless.
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  #4800 (permalink)  
Old 01-10-2012, 04:53 PM
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Originally Posted by pappu View Post
We are trying to further suggest pushing eb2 dates . There is also some help possible for eb3 if that happens due to spillover. It is still a very long shot.
We might be posting some action on IV soon to make a good case. Check back regularly.
Kitna push suggest karo rahe ho Pappu ji? Mine is 31st March, 2010 so got a little excited
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