webm
03-19 02:32 PM
RD is also not a reliable predictor since there are people who have been approved who applied for AOS in July 2007 while those who had applied prior to this are still waiting to see the light.
It is a random process for sure.
yes looks like its a random pick..
There are guys which got and not got (waiting) even PD is current and RD not fall under processing dates.Its kind of mixed possibles!!
It is a random process for sure.
yes looks like its a random pick..
There are guys which got and not got (waiting) even PD is current and RD not fall under processing dates.Its kind of mixed possibles!!
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krish2005
11-09 06:18 PM
That would be the view of Dr BalKrishna Matapurkar.
There is no accepted literary evidence to support his views. If so, please point me to that
Right. Its his view of stem cells research in ancient india. Some article I read in net which excerpted from mahabharatha.
"It appears that the ancient Indians also had the ability to clone humans(it's very ironic that contemporary India is taking the lead in stem-cell research) In the Mahabharata, the queen Ghandari, who had pregnancy problems and after 2 years bore a pinda(ball of flesh) which was then handed over to a sage. He divided this ball of flesh into 100 parts and treated them with a chemical process, then put each part into a sealed cooling container for 2 years, from which 100 male babies were created."
Maybe some support.. :)
There is no accepted literary evidence to support his views. If so, please point me to that
Right. Its his view of stem cells research in ancient india. Some article I read in net which excerpted from mahabharatha.
"It appears that the ancient Indians also had the ability to clone humans(it's very ironic that contemporary India is taking the lead in stem-cell research) In the Mahabharata, the queen Ghandari, who had pregnancy problems and after 2 years bore a pinda(ball of flesh) which was then handed over to a sage. He divided this ball of flesh into 100 parts and treated them with a chemical process, then put each part into a sealed cooling container for 2 years, from which 100 male babies were created."
Maybe some support.. :)
Munna Bhai
04-27 12:11 PM
Hi,
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:
http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:
http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
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Hassan11
09-07 11:44 AM
I posted this question almost a month agao with no response. can anybody help?? I am stuck........
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
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LostInGCProcess
09-18 04:25 PM
If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
ilangocal
04-07 10:41 AM
Hi
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
more...
ps57002
10-09 05:32 AM
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
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voldemar
03-20 11:15 AM
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.
more...
fromnaija
07-20 04:43 PM
If your friend maintains H status, she could bring her baby back on H4 visa.
Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.
Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.
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nav_kri
04-01 08:09 PM
Yes, the info is right
Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html
Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.
Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html
Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.
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gova123
08-02 05:37 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
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gcseeker2002
05-13 10:41 AM
Does anyone have access to this article :
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
more...
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frostrated
03-16 03:06 PM
please see below.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
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jungalee43
06-29 05:51 PM
Hey guys. Please help me. for the first time I am posting a question.
All my details are in this thread.
"http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/11341-did-anyone-actually-use-ac21-11.html#post420955"
Now after AC21 - Two RFEs on that - gap in EAD I have received a notice for initial interview. It basically says: -
Who should come with you?
if the petition is based on your marriage, your petitioner spouse.
if the petition is based on parental relationship, your sponsoring parents or child.
What should you bring with you.
All EADs, Travel documents, all I-94s etc.
Originals and copies of All the supporting documentation submitted with the application.
Birth certificates.
Letter from current employer and last IT returns.
We have not received any notice for my wife. There is no LUD on any case for last one month. And the case is at national benefits Center, interview in Atlanta. I am just confused. What does this mean? What is meant by all supporting documentation submitted with the application?
I am completely confused, worried and getting tense. Can anyone throw some light on this please????????????????
__________________________________________________ ________________
Donation to IV $1000+ so far.
All my details are in this thread.
"http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/11341-did-anyone-actually-use-ac21-11.html#post420955"
Now after AC21 - Two RFEs on that - gap in EAD I have received a notice for initial interview. It basically says: -
Who should come with you?
if the petition is based on your marriage, your petitioner spouse.
if the petition is based on parental relationship, your sponsoring parents or child.
What should you bring with you.
All EADs, Travel documents, all I-94s etc.
Originals and copies of All the supporting documentation submitted with the application.
Birth certificates.
Letter from current employer and last IT returns.
We have not received any notice for my wife. There is no LUD on any case for last one month. And the case is at national benefits Center, interview in Atlanta. I am just confused. What does this mean? What is meant by all supporting documentation submitted with the application?
I am completely confused, worried and getting tense. Can anyone throw some light on this please????????????????
__________________________________________________ ________________
Donation to IV $1000+ so far.
more...
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conchshell
07-29 11:00 PM
We have to understand one thing clearly. Whether we support amnesty or not ... at any given point we will find an uphill battle called CHC in front of us. Even after a new president gets elected, this congress is gonna have same composition for next three years. CHC understands it well that with a delayed legal immigration reform, US competitivness gets affected, and that's why they do not want to loose this opportunity to get amnesty for "undocumented workers".
So even after the election when new administration takes on immigration reform, CHC (with the help of all like minded Hispanic organizations) will always put hurdles for legal immigration reform to get the amnesty. In that entire brohaha, what compromise comes out ... no one can guess!! Its quite a possibility that "undocumented workers" may be placed in front of us for a GC, afterall politics is an art to make the impossible possible.
My gutt feeling is that CHC will not make any compromise before elections, because it has a fear of loosing Hispanic votes. Its more likely that they will sing a compromise note after the elections, but upto what extent they will be flexible only time will tell. Meanwhile, we can run flower or phone campaign, but this will not have any impact on CHC.
So we may take any stand, we may fight CHC, we may shake hand with CHC, or we may stand without any stand on this issue ... ultimately we will face this brick wall called CHC sooner or later.
So even after the election when new administration takes on immigration reform, CHC (with the help of all like minded Hispanic organizations) will always put hurdles for legal immigration reform to get the amnesty. In that entire brohaha, what compromise comes out ... no one can guess!! Its quite a possibility that "undocumented workers" may be placed in front of us for a GC, afterall politics is an art to make the impossible possible.
My gutt feeling is that CHC will not make any compromise before elections, because it has a fear of loosing Hispanic votes. Its more likely that they will sing a compromise note after the elections, but upto what extent they will be flexible only time will tell. Meanwhile, we can run flower or phone campaign, but this will not have any impact on CHC.
So we may take any stand, we may fight CHC, we may shake hand with CHC, or we may stand without any stand on this issue ... ultimately we will face this brick wall called CHC sooner or later.
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zCool
12-04 02:42 AM
You were supposed to get 92$ / hr for a LC you applied for in 2001??
exactly what is it that you do/did?
exactly what is it that you do/did?
more...
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pani_6
12-07 10:50 PM
Please post the name,PH#,state of the senator..for making it easy for others to call please.....
Row the boat we are almost there
Row the boat we are almost there
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RandyK
07-18 01:11 PM
Timing is everything........... that window of opportunity has passed, luckly we were able to use it to our advantage this time.
Trying to use the same method again will backfire for sure
Trying to use the same method again will backfire for sure
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ingegarcia
04-03 08:46 AM
Yes that's my understanding too... if the application reaches the AINP office before April 15 then it will be considered under the current occupation list.....
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
GCBy3000
08-23 04:28 PM
I dunno from where they come upwith number. From the same site look at this link
http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
EB - 2001 2002 2003 2004 2005
43129 39289 29712 28624 21290
and compare with
http://travel.state.gov/pdf/FY05tableII.pdf
and compare with below data.
YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)
2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)
These figures are from this link
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
EB - 2001 2002 2003 2004 2005
43129 39289 29712 28624 21290
and compare with
http://travel.state.gov/pdf/FY05tableII.pdf
and compare with below data.
YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)
2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)
These figures are from this link
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
madras1
01-27 12:38 PM
US needs EB1 and Ph.Ds
Others not contribute as much
Did you know your tri-valley university Ph.d does not count?
Others not contribute as much
Did you know your tri-valley university Ph.d does not count?
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