Senin, 27 Juni 2011

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  • gc_chahiye
    06-28 12:59 PM
    Already it happened for other workers category last month. In mid july THEY WILL STOP accepting 485s if they receive more than they could process.

    For the Nth time, it has nothing to do with how many they receive. If they APPROVE more than the number of available visa numbers, THEN they could/might stop accepting new applications. As long as existing visa numbers are available, they will keep accepting new 485s, thats the law.





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  • Desichakit
    07-24 07:33 PM
    Ever Since August Bullitien came out Ron has posted not to raise any hopes





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  • newtoearth
    05-02 05:28 PM
    ...





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  • Lasantha
    12-14 05:16 PM
    Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D

    Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
    1) Flow of un-used visas from ROW to OS countries
    2) Increase the TOTAL EB quota
    3) Exclude dependents
    4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).

    (I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)

    Lasantha,

    You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario:

    Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
    COUNRTY - USCIS does not have any kind of administrative
    mess - Situation in USCIS is such that moment it find work, it
    will send flower to you for keeping them busy. - US industry
    exactly need 140000 skilled and highly skilled people from outside
    world as within US they have shortage of exctly that number.
    and it can not afford a single person less than that to keep
    economy at balanced level.

    Assumption 2: India can provide 35000, China can provide 50000, Britain can
    provide 4000, Sweden can provide 2000, Saudi Arabia can
    provide 1000, Sri Lanka can provide 4000, Thailand can provide
    500, Pakistan can provide 5000, South africa can provide 5000
    ,Bangladesh can provide 1500 and rest 32000 from Europe
    (other than Britain) and each of above country cannot provide
    more labor that what is mentioned here. And other unlisted countries
    do not have any skilled persons to provide (This is assumption.. DO not go after me...:))

    So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?

    Will you still be trumpeting "Ceiling" drum?



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  • iv_only_hope
    07-24 08:55 PM
    vdlrao
    I will post the calcs and see his response. Thanks.





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  • hebbar77
    09-23 03:47 PM
    for people who want to invest, there is a investor visa(gc). The limit of investment is little higher though, so only few out of the current EB line will get out. Yes line will get shorter.

    I dont think buying a greencard for 100,000$ or for any money is wise. You already are paying enough taxes, paying legal fees.... and of course spending ur prime here waiting for a permanent resident status.

    So let them grant GCs if they feel like. Dont bribe ur way in!!

    Also if one bought a home and then got a GC, lets say he sold the home right after... what abt it....!!



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  • unseenguy
    08-16 12:52 AM
    Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.

    Anti.... welcome to 21st century assertive Indianness. We fight for our rights!





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  • jonty_11
    06-28 12:33 PM
    "expecting retrogresson ....in first wk of July... " ??
    I thought logiclife already clarified that can not and will not happen!!
    Thats why this thread is called " Rumour is that"



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  • lazycis
    02-13 02:37 PM
    http://www.ailf.org/lac/lac_lit_030402a.asp
    WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.

    Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.

    The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.

    If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.





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  • gc28262
    01-16 06:14 PM
    http://www.murthy.com/news/n_repatt.html dated March 2006

    I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
    �MurthyDotCom
    I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

    End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
    Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
    Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.



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  • h1techSlave
    08-16 08:05 PM
    Police treats an American celibrity like a commoner. Let us see, if the whole of the US is complaning against this.
    You're Bob Dylan? NJ police want to see some ID - Yahoo! News (http://news.yahoo.com/s/ap/20090815/ap_on_en_mu/us_people_bob_dylan)





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  • waitingnwaiting
    01-14 03:39 PM
    I would like to see Plainspeak's project plan on his idea. The plan should detail out timeline, budget, manpower and responsibilities. Most importantly what will Plainspeak do in this plan as a responsibility.

    Let us see if you can only write junk or can even post something useful.

    I did not see any plan yet. Basically he is wasting time with opinions from behind.



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  • pappu
    01-29 12:22 AM
    Thanks to everyone for taking an active role in the funding drive. It is always a frustrating experience every time we want to raise funds. In our overzealousness sometimes we also hurt the effort by being too harsh on people who are not contributing. We do not wish to encourage any finger pointing. Members start asking all kinds of questions on the forum and kill the initiative thereby hurting the organization and ultimately themselves. At this time we are no longer going to ask for funds on the forum and will continue the IV effort with what we have from the contributions members have made. Members who feel they wish to contribute will contribute if they feel for the cause in their heart. Admins have decided to close all such threads so that we can focus on the other IV work rather than solving disputes between members and making sure no anonymous member is hurting other anonymous member�s feelings.





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  • mundada
    06-15 04:18 PM
    I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants/productivity growth through technological enhancements will always require you to keep upgrading your skills and hence your salary.

    The moment you were forced to enroll in MBA in an effort to upgrade your skills and hence increase your salary means American model and (comparative advantage) economics are working.

    The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!

    By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
    http://en.wikipedia.org/wiki/Dumping_(pricing_policy)

    For your information, I like everyone was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/technological innovation/etc.

    Finally protectionism does not work. Take a look at Detroit... in 1960s, 1970s and 1980s, the workers bargained for high salaries, job security, retirement benefit plans, etc., free and clear from any foreign worker competition. And now in 2009, take a look at what happened to these workers at the big three, to their house values, to their children's future, to their retirement funds, etc.

    After this do you really think you can protect yourself by closing the door behind you when that is the only exit door, in case you need one!


    Ivar and group,

    I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.

    Having said that I am for the following :

    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?

    2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.

    3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.

    4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?



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  • gimme_GC2006
    05-03 09:12 AM
    as long as puppet Mannu and ring mistress sonia are in New delhi, Indian govt will do nothing...I dont support LTTE at any cost but condemn civilian killing.
    :mad:





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  • GCAmigo
    02-14 12:24 PM
    Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date. oguinan

    a 3-yr deadline..as I just entered my 4th year of this endless pain..



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  • h1techSlave
    12-08 10:03 AM
    Pinto, I strongly support your idea.

    I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
    ----------------
    what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
    ...if people are motivated then maybe we can do media campaign too ..
    ------
    the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
    (if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)





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  • chi_shark
    09-23 10:36 AM
    hi! fantastic idea... this will exclude me if this legislation is for primary home only. but if includes any home, i am willing to buy one more home...

    in any case, i would suggest that this content be edited and the housing problem and our solution to it be brought closer together and upwards in the content... the IV community's pain can be sent downwards...

    great stuff... i will write to people...

    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT





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  • sanjay
    03-27 11:47 AM
    Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
    Sonia Gandhi is out of question as people will not accept her.
    Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).

    Contest should be only between MMS and Advani.

    Though i would have loved to see Modi on PM HOT seat.





    amitga
    02-15 08:32 AM
    Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!

    The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.

    In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.


    http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)

    At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:

    “ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.


    http://en.wikipedia.org/wiki/Involuntary_servitude :

    Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.





    immique
    07-18 11:45 PM
    Spillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen

    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
    INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.