bvibhu
07-19 09:43 PM
Count me in...
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paragpujara
08-08 11:26 AM
I am in the same boat. I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks.
Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?
I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks and Good luck to all!
Thanks.
Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?
I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks and Good luck to all!
walking_dude
10-08 03:58 PM
If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!
However, unfortunately, IV is not a farm.
A rich man had a bunch of horses and donkeys. He used some to carry the load and some he tried to breed for participating in races. He was trying something but not very effeciently.
.... No matter how many times you ask some will never go to rallies, some will never participate in state chapters, some will never contribute money, etc. ....
However, unfortunately, IV is not a farm.
A rich man had a bunch of horses and donkeys. He used some to carry the load and some he tried to breed for participating in races. He was trying something but not very effeciently.
.... No matter how many times you ask some will never go to rallies, some will never participate in state chapters, some will never contribute money, etc. ....
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rk07
09-25 09:36 AM
HI,
Lawyer sent to NSC on 27th July. Today called to USCIS support. There are no receipts numbers in the system. What could be the reason.
Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.
Thanks,
-rk.
Lawyer sent to NSC on 27th July. Today called to USCIS support. There are no receipts numbers in the system. What could be the reason.
Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.
Thanks,
-rk.
more...
at0474
12-16 12:31 AM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
--Hopelessness, negative thinking and depression are real feelings. Many people live in denial. Some realize and never express it till it consumes them completely. Some express it to their relief but may suffer from not knowing the reason causing depressed feelings.
In your case , you are not in denial, you are expressing it and most importantly, you have identified the reason behind feeling hopeless and depressed.
If you can do anything to solve the problem, then do it without worrying about the outcome. If the situation is beyond your control, you are not going to solve it by worrying more about it.
Be in control. Don't let it control you.Keep yourself occupied by doing things that you like and entertain yourself.
I am going through the same.Yours truly has been waiting for a settled life since 1998.
Good luck.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
--Hopelessness, negative thinking and depression are real feelings. Many people live in denial. Some realize and never express it till it consumes them completely. Some express it to their relief but may suffer from not knowing the reason causing depressed feelings.
In your case , you are not in denial, you are expressing it and most importantly, you have identified the reason behind feeling hopeless and depressed.
If you can do anything to solve the problem, then do it without worrying about the outcome. If the situation is beyond your control, you are not going to solve it by worrying more about it.
Be in control. Don't let it control you.Keep yourself occupied by doing things that you like and entertain yourself.
I am going through the same.Yours truly has been waiting for a settled life since 1998.
Good luck.
rc0878
09-17 08:56 AM
Applications were sent to NSC on July 19th' 2007. I got my receipt numbers today and all three numbers (I485, EAD & AP) start with WAC ### ### ####. The online status for the applications say that the 485 application was transfered to Texas Service Center and the EAD & AP applications were sent to Califorina Service Center.
Also just fyi, my I-140 app. is pending at NSC since Dec' 2006. So now I am all over the country :-) Don't know its good or bad. Any idea anyone?
Is anyone else in a similar situation?
Best of luck to all....
Also just fyi, my I-140 app. is pending at NSC since Dec' 2006. So now I am all over the country :-) Don't know its good or bad. Any idea anyone?
Is anyone else in a similar situation?
Best of luck to all....
more...
suavesandeep
07-20 12:17 AM
I pledge $100 for this cause also.
Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.
I am sure God will bless all of you with a timely GC :). Best Wishes again.
Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.
I am sure God will bless all of you with a timely GC :). Best Wishes again.
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mygc2006
08-25 02:43 PM
PD Aug 2004, EB-2 India
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
Hi SKK, it is not really required to have finger printed to get teh EAD approval. (i am talking aboutthe first time EAD). Your FP may come later on. At least in my case it was like that. I got my EAD approval first and later on only the FP came. Hope this helps ...
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
Hi SKK, it is not really required to have finger printed to get teh EAD approval. (i am talking aboutthe first time EAD). Your FP may come later on. At least in my case it was like that. I got my EAD approval first and later on only the FP came. Hope this helps ...
more...
gkattalu
08-20 12:53 PM
Buddyinsd,
Please hang in there. I am sure you will get yours card soon...
For various reasons, I got my greencard 14 years after entering this country and 14years after getting my Ph.D. Life throws up challenges and we have to face them with courage.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
Please hang in there. I am sure you will get yours card soon...
For various reasons, I got my greencard 14 years after entering this country and 14years after getting my Ph.D. Life throws up challenges and we have to face them with courage.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
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chanduv23
07-08 09:56 AM
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
desi - the reason we face all these issues is not because of anyone's fault.
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
desi - the reason we face all these issues is not because of anyone's fault.
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
more...
alterego
03-08 06:27 PM
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
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srmodi
08-14 08:49 AM
Looks like they started July 2nd filing as I got my I-485 -AP- EAD receipt.
Good Luck for waiters..
Good Luck for waiters..
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fundo14
06-06 05:02 PM
fundo...did you land, how did it go?
Hi Maag,
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
Hi Maag,
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
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lasvegas
02-05 10:13 AM
As proof of funds for landing, do we need to carry cashiers-checks etc or just a plain printout of bank-statement (INGDirect) is good enough?
Thanks.
Thanks.
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gcspace
10-02 08:53 PM
I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
Vivek
Hi Vivek,
What time was your package delivered on July 16th
Vivek
Hi Vivek,
What time was your package delivered on July 16th
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gc28262
06-26 08:44 AM
Law clearly states employer cannot discriminate based on immigration status.
Walking dude has a point. I think we should take this up. We shouldn't be calling the employer and notifying them. We should notify the ad to appropriate authorities.
Walking dude has a point. I think we should take this up. We shouldn't be calling the employer and notifying them. We should notify the ad to appropriate authorities.
more...
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sunny1000
07-09 12:14 PM
Here is something to note:
Accepting I485 along with a pending I-140 is part of the rule making by USCIS and so they may choose to change the rule back to "not accept I485 until an I140 petition is approved" just like that good ol' days before 2002, if they want.
But, I don't think they would do that as they need all the money that is being generated by EAD/AP.:rolleyes:
Accepting I485 along with a pending I-140 is part of the rule making by USCIS and so they may choose to change the rule back to "not accept I485 until an I140 petition is approved" just like that good ol' days before 2002, if they want.
But, I don't think they would do that as they need all the money that is being generated by EAD/AP.:rolleyes:
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bheemi
06-21 02:02 PM
I would request as whole us know that CIR will not comeup this yeat..I would request if there is any plan IV is mkaing in this regard. I dont think waiting until end of July and then proceed for new bill is good way...
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
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saptaswara
05-09 10:13 PM
The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)
Sending poorly drafted letters may not speak well of our community please
Regards,
Saptaswara
Sending poorly drafted letters may not speak well of our community please
Regards,
Saptaswara
boreal
07-06 07:43 PM
I still havent received the date when my app was sent(lawyer sent it)
Our law firm (Fragomen) actually sent someone directly to Nebraska on Sunday evening to file the docs at the USCIS office there...They filed Monday early AM.
Our law firm (Fragomen) actually sent someone directly to Nebraska on Sunday evening to file the docs at the USCIS office there...They filed Monday early AM.
Canadian_Dream
07-08 09:07 PM
Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
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