msp1976
12-20 05:17 PM
Hello IV and its core members,
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
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jgh_res
08-11 09:14 AM
U have such a big signature but nothing abt contribution to IV. Have u contributed anything to IV? If not, how do u thinkIV can fight for whatever it is fighting?
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
DSLStart
04-29 01:42 PM
Pakistan had the F series jet fighters since the last many decades. The Americans were offering the advanced version to India and Pakistan. Pakistan is much ahead of India in maintaining log sheets of it with rich experience of 30-plus years. The type of relationship that exists between the US and Pakistan Air Force what is the guarantee that our system won't be leaked to Pakistan's system? If that happens, India's advantage would vanish.
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
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diptam
08-15 12:43 PM
Some peoples think that they are the smartest world has ever Produced.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
more...
unseenguy
06-16 11:07 PM
^^^^^^^^^
what about 221(g)?
what about 221(g)?
GCaspirations
10-01 09:18 PM
NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...My Receipt Notice date : Aug23
I filed at Nebraska for 485, my 140 is approved by --I donot know but the receipt notice number starts with SRC, i think texas.
My application transferred from NSC to CSC and back to NSC.
Should I expect my application be transferred now to TSC as my I140 was approved there?
The delay is the pain..... and it continues... NO FP yet.
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...My Receipt Notice date : Aug23
I filed at Nebraska for 485, my 140 is approved by --I donot know but the receipt notice number starts with SRC, i think texas.
My application transferred from NSC to CSC and back to NSC.
Should I expect my application be transferred now to TSC as my I140 was approved there?
The delay is the pain..... and it continues... NO FP yet.
more...
FinalGC
11-03 01:05 PM
My Prediction for Dec bulletin
Eb2 and Eb 1 all others - C
EB2 India & China - Jan 1, 2006
EB 3 India - Jan 1, 2002
EB 3 all others - Jan 1, 2003
All others current...Hope this comes true....:-)
Eb2 and Eb 1 all others - C
EB2 India & China - Jan 1, 2006
EB 3 India - Jan 1, 2002
EB 3 all others - Jan 1, 2003
All others current...Hope this comes true....:-)
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rangaswamy
08-05 01:44 PM
Is this supposed to be cribbing, just for the heck of it? In what way can getting a 2 yr EAD be bad news?
For EB ROW, if they issue 1 yr EAD...does tht mean their 485s are not approved for at least 1 yr?
First off its only informational, so other people know that even with PD being current you can receive 2 year EAD.
Well, good news because i don't have to worry about renewing it for another 18 months, bad news because does it mean my 485 is nowhere near processing.
Either way im not fretting about it, when its my turn i will get it. It was just a statement.
For EB ROW, if they issue 1 yr EAD...does tht mean their 485s are not approved for at least 1 yr?
First off its only informational, so other people know that even with PD being current you can receive 2 year EAD.
Well, good news because i don't have to worry about renewing it for another 18 months, bad news because does it mean my 485 is nowhere near processing.
Either way im not fretting about it, when its my turn i will get it. It was just a statement.
more...
ddeka
11-06 12:09 PM
I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
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newtoearth
07-29 02:13 PM
Dear fellow Indians stop argueing with him...
Its time waste....
He donot know that
1. India it self it is a diversified country.. with 18 official languages and many religions...over 2000 dilects...
2. India + China = More than 1/3 of the word... So there will be more people from those countries
3. All countries in the world are not same with population...
4. He is scared...
leave it..it is not worth to discuss with him
Its time waste....
He donot know that
1. India it self it is a diversified country.. with 18 official languages and many religions...over 2000 dilects...
2. India + China = More than 1/3 of the word... So there will be more people from those countries
3. All countries in the world are not same with population...
4. He is scared...
leave it..it is not worth to discuss with him
more...
gk_2000
05-12 03:38 PM
Let's hope for a speedy death for this abomination ... speedy death means issue over before elections/voting
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saimrathi
07-10 01:19 PM
Its already on youtube.. check this http://www.michaelmoore.com/
Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........
http://www.cnn.com/video/#/video/bestoftv/2007/07/09/blitzer.michael.moore.cnn
CNN never tell truth no matter what it is...immigration, health care, .....
Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........
http://www.cnn.com/video/#/video/bestoftv/2007/07/09/blitzer.michael.moore.cnn
CNN never tell truth no matter what it is...immigration, health care, .....
more...
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wandmaker
11-29 11:47 PM
the EB visa numbers will not go waste any more once its implemented. :)
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kaisersose
06-06 10:48 AM
My manager surprised me today saying that I was promoted yesterday from a programmer analyst to a systems analyst. I have an approved i-140 and have filed my 485. My priority date for EB3 is current. I also have a 3 year extension of H1B.
There is no change in the job responsibilities.
Question:
1. How soon should I file my AC21 request?
2. What is the impact of this promotion on my H1B?
3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?
I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.
Any ideas?
I am sorry, but this is just plain paranoia that seems to affect a lot of GC holders & aspirants. I have a friend who was worried about changing jobs as it was only 6 months since he got his GC!
You are *not* required to file AC21. Even if you do, in your case, it should present no problems at all, as your role & responsiblities have hardly changed.
It is not a wise approach to deny a promotion when you are not clear about the law. First be clear on the law and then make such important decisions.
There is no change in the job responsibilities.
Question:
1. How soon should I file my AC21 request?
2. What is the impact of this promotion on my H1B?
3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?
I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.
Any ideas?
I am sorry, but this is just plain paranoia that seems to affect a lot of GC holders & aspirants. I have a friend who was worried about changing jobs as it was only 6 months since he got his GC!
You are *not* required to file AC21. Even if you do, in your case, it should present no problems at all, as your role & responsiblities have hardly changed.
It is not a wise approach to deny a promotion when you are not clear about the law. First be clear on the law and then make such important decisions.
more...
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siravi
11-08 04:09 PM
I had an infopass appointment in NY to get information on my case (specifically concerning the FP/Name check status, have received my EAD, AP). Although the officer was very courteous and seemed patient, he thought I had come there too soon for the inquiry. I got very sketchy information. He said one should wait at least 6 months after the 485 RD (mine is June 2007) before beginning inquiry (shoot me, I went a month too soon), and that it usually it takes a year (or more) after FP to get the GC, so I should not worry too much about my case for at least one more year.
He said there is nothing to worry about and that there are “many small small things” that have to be taken care of after FP and FBI name check clearance before one gets the GC. I asked him what are the other “things” that need to be taken care of following the clearance on name check, but didn’t get an answer (“just small small things” is what he said again). I had to repeat my question about the status of FBI name check on my case three times during the conversation before I got an answer which was vague anyways (nothing’s been done yet). I was hoping to get some kind of information with regards to the status in terms of the search results (no record/hit etc.) but I didn’t get any information at all, so it was a disappointing meeting for me.
Some pointers:
*Have your print out of the appointment confirmation ready before you enter the building-the security officer outside the building checks it to verify that you indeed have an appointment there.
*The queue at the entrance for security check was long, so make sure you reach there well ahead of the scheduled appointment.
*There is one more counter in the lobby (and one more queue) where you get your token number for the infopass room. They asked to see the appointment confirmation receipt here as well.
*The infopass interviews are held on the third floor. I waited for 30-35 mts. before my number was called.
P.S. Received EAD card at home address and AP documents at the law firm address.
He said there is nothing to worry about and that there are “many small small things” that have to be taken care of after FP and FBI name check clearance before one gets the GC. I asked him what are the other “things” that need to be taken care of following the clearance on name check, but didn’t get an answer (“just small small things” is what he said again). I had to repeat my question about the status of FBI name check on my case three times during the conversation before I got an answer which was vague anyways (nothing’s been done yet). I was hoping to get some kind of information with regards to the status in terms of the search results (no record/hit etc.) but I didn’t get any information at all, so it was a disappointing meeting for me.
Some pointers:
*Have your print out of the appointment confirmation ready before you enter the building-the security officer outside the building checks it to verify that you indeed have an appointment there.
*The queue at the entrance for security check was long, so make sure you reach there well ahead of the scheduled appointment.
*There is one more counter in the lobby (and one more queue) where you get your token number for the infopass room. They asked to see the appointment confirmation receipt here as well.
*The infopass interviews are held on the third floor. I waited for 30-35 mts. before my number was called.
P.S. Received EAD card at home address and AP documents at the law firm address.
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lnahan
06-05 01:55 PM
Action item: let's beg USCIS to work slower and waste as much quota as possible.
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
more...
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BharatPremi
07-12 01:25 PM
07/08/07 2:45 PM EST : FOX News interviewed the attorney who filed the first suit on the Visa date fiasco on behalf of a Polish woman in the Chicago area. The anchor started off the interview by making a reference to "hi tech workers" and that some of these folks were in the British terror plot !! "Why are you filing the lawsuit when your client can apply for the GC in Oct?" !!Anyway, the attorney was quite articulate in explaining the issue. Guess who followed the attorney ... Rep Tom Tancredo who called this a "minor inconvenience" before stating he wants all immigration to be halted!!
Ignorance rules the debate .. hardly any surprise
Perhaps the pretention of the ignorance to keep American mass ignored..
Ignorance rules the debate .. hardly any surprise
Perhaps the pretention of the ignorance to keep American mass ignored..
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GCInThisLife
07-19 12:25 PM
Since we already applied for I-485, I am keeping my fingers crossed. Her employment letter (submitted) only says that she is employed with the company and her employment is valid till 2008.
Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.
I am sure so many in the same boat. Is there anything we could do?
Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.
I am sure so many in the same boat. Is there anything we could do?
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PresidentO
04-01 06:35 PM
This is clearly crap.
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
neverbefore
07-14 11:38 AM
Your spouse applied for H4/H1? Which one?
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
eb3_nepa
07-31 11:59 AM
How long is the USCIS taking to issue just receipt notices!!??
This makes you wonder if Anything in the USCIS is actually FIFO
This makes you wonder if Anything in the USCIS is actually FIFO
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