longq
02-13 03:53 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
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) and (b) 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.
After AC21..
(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.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
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) and (b) 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.
After AC21..
(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.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
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sledge_hammer
05-29 11:42 AM
3.2K visas for EB2I includes all applicants. So regardless of what type of processing, the last person to get his GC is 19 years from now, correct?
I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.
I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.
485_se_dukhi
07-26 08:54 PM
I think the reason people get defensive is because love for your country is an emotional topic (some might call it patriotism)...just as love for your mother (or parents) or religion or political party etc. These are deeply personal issues. When you question any of these, expect fireworks.
Many people migrate for better opportunity/ better lifestyle. Is that enough reason to question why they still love their original country? I might move from Lucknow to Bombay (for those of you who don't know these places, please substitute Wichita to New York) for the same reasons. Does it mean I stop being nostalgic about Lucknow? or stop loving it? How does migrating affect my love for the place one was born and brought up in?
Needless to mention there are people from different countries in this forum. So lets refrain from implying that people who immigrate should not love their original motherland/fatherland etc.
Actually its getting quite ridiculous now. So may I again request the moderators/ admin to pls close this thread. Thank you.
I think this thread has definitely deviated from its main theme.
?[/B]
Many people migrate for better opportunity/ better lifestyle. Is that enough reason to question why they still love their original country? I might move from Lucknow to Bombay (for those of you who don't know these places, please substitute Wichita to New York) for the same reasons. Does it mean I stop being nostalgic about Lucknow? or stop loving it? How does migrating affect my love for the place one was born and brought up in?
Needless to mention there are people from different countries in this forum. So lets refrain from implying that people who immigrate should not love their original motherland/fatherland etc.
Actually its getting quite ridiculous now. So may I again request the moderators/ admin to pls close this thread. Thank you.
I think this thread has definitely deviated from its main theme.
?[/B]
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i-luv-tofu
07-21 12:16 PM
Hi,
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I made a ton money. Just give me your information - name, email, phone# & I will refer you. You will be very happy & make others as well!
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_TrueFacts
09-04 01:53 PM
"_TrueFacts". You are entitled to your opinion and I'm entitled to mine.
.
breddy2000,
you are crying like a 2 year old. As i have said numerous times. It will not matter on a public forum..any one can create an id.
As far as Mr.vadicherla doing a personal comment. First say if you support that or not. Tell him to apologize.
.
breddy2000,
you are crying like a 2 year old. As i have said numerous times. It will not matter on a public forum..any one can create an id.
As far as Mr.vadicherla doing a personal comment. First say if you support that or not. Tell him to apologize.
gonecrazyonh4
11-11 01:50 PM
While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.
yes, I agree, but that is what is happening.With a subsitute labor you get to keep the old PD.
yes, I agree, but that is what is happening.With a subsitute labor you get to keep the old PD.
more...
Sakthisagar
06-11 09:37 AM
Why are you so worried? Dont be scared, make enough money and dont make silly financial decision. You can take your kitty back if push comes to shove. Economies in India and China are booming and you wont die hungry. I guarantee you that.
Economies in India and China are booming??? booming accroding to their economies not definitely competing with USA what is the value of 1 Indian Rupee in US dollars. just simply dont air some tactics around. As long as 22 Political parties rule India na each one having different agenda Forget about India becoming a developed country.
And don't dump USA as just like that it is also one of the Biggest and Greatest economy in the world, Still till this moment Dollar Rules. full stop.
Economies in India and China are booming??? booming accroding to their economies not definitely competing with USA what is the value of 1 Indian Rupee in US dollars. just simply dont air some tactics around. As long as 22 Political parties rule India na each one having different agenda Forget about India becoming a developed country.
And don't dump USA as just like that it is also one of the Biggest and Greatest economy in the world, Still till this moment Dollar Rules. full stop.
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vdesi
01-05 02:05 PM
According to this all H1B's who want to buy a house ? can invest $40,000 should be given a GC out of turn.... Wow!
What about people waiting in line patiently for five plus years, (labor, I140 and I485)?
The line for those waiting patiently will not decrease, only people on bench for months willing to get GC at any cost will benefit.
What about people waiting in line patiently for five plus years, (labor, I140 and I485)?
The line for those waiting patiently will not decrease, only people on bench for months willing to get GC at any cost will benefit.
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angelfire76
06-02 12:27 PM
country quota is not racial discrimination...u must be a fool to say that.
To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...
Its absurd to try to change the country quota..we must try for recapture..instead..
The US immigration system is the only immigration system which has per country quota, last time I checked. If you are arguing equal opportunity then denying somebody from applying for permanent residency because on their country of origin is denying equal opportunity.
In fact the per country quota actually violates the philosophy of equal opportunity by providing benefits to people who entered much later into the game and ignoring people waiting for the same benefits, just because they are from a particular country.
If they were really interested in "equalizing" the ethnic mix of employees in the country, they shouldn't have made H1B dual intent or they should impose this 7% at the H1B level (I don't want to give anybody bright ideas considering the witch-hunt of H1Bs going on now).
To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...
Its absurd to try to change the country quota..we must try for recapture..instead..
The US immigration system is the only immigration system which has per country quota, last time I checked. If you are arguing equal opportunity then denying somebody from applying for permanent residency because on their country of origin is denying equal opportunity.
In fact the per country quota actually violates the philosophy of equal opportunity by providing benefits to people who entered much later into the game and ignoring people waiting for the same benefits, just because they are from a particular country.
If they were really interested in "equalizing" the ethnic mix of employees in the country, they shouldn't have made H1B dual intent or they should impose this 7% at the H1B level (I don't want to give anybody bright ideas considering the witch-hunt of H1Bs going on now).
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mrdelhiite
07-08 08:54 PM
My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school…9th grade to be precise. I never got it corrected and came to us …visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, … now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. ….. the only 2 things which are not in my first name last name format is
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name
one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.
Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively…or I should wait for USCIS decision .. Usually RFE is given 30 – 40 days to reply and I don’t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS …. A lawyer’s opinion is much needed and appreciated.
Thanks for your help
-M
PS: my priority is Feb 2007 EB3
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name
one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.
Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively…or I should wait for USCIS decision .. Usually RFE is given 30 – 40 days to reply and I don’t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS …. A lawyer’s opinion is much needed and appreciated.
Thanks for your help
-M
PS: my priority is Feb 2007 EB3
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gc_check
07-04 12:38 PM
Which of the above are not needed for dependents?
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.
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logiclife
06-26 12:21 PM
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
That's what your lawyer said. Right?
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nixstor
07-03 09:24 PM
I am trying an outline for sending to media + lawmakers + ...
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
Excellent,
I am planning to come up with a format for calling key senators and congress men on Thursday morning. Lets do this. Mean while please keep digging and blogging.
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
Excellent,
I am planning to come up with a format for calling key senators and congress men on Thursday morning. Lets do this. Mean while please keep digging and blogging.
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chintu25
09-24 10:16 AM
Emailed All
:rolleyes: Whatever works :rolleyes:
matt_kelly@specter.senate.gov, <lisa_owings@specter.senate.gov BOUNCED
:rolleyes: Whatever works :rolleyes:
matt_kelly@specter.senate.gov, <lisa_owings@specter.senate.gov BOUNCED
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vbkris77
09-15 12:48 PM
How did you say that are Only EB2+ EB3?
Apart from EB2, EB3 what else would need a PERM?
Apart from EB2, EB3 what else would need a PERM?
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colors
09-06 04:16 PM
Immigrstion attorney,
What is the procedure to update USCIS on any missing documents once we filed our I-485 instead of getting RFE.
Thanks
What is the procedure to update USCIS on any missing documents once we filed our I-485 instead of getting RFE.
Thanks
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dealsnet
09-04 12:47 PM
You moron coming from the slum region or any other place in Bihar.
You don't know about keralites.
100% Literacy.
Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
It is God's own country.
Visit and see the details.
Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
Do you ????
You are _TrueFacts aka poorslumdog aka insider
You are also here Mr.dealsnet...again I am telling you, use your peanut size brain if you have one. I heard Keral people good only for tea shop or Gulf. what are you doing here. You started your tea shop here. Do you sell medu vada also?
You don't know about keralites.
100% Literacy.
Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
It is God's own country.
Visit and see the details.
Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
Do you ????
You are _TrueFacts aka poorslumdog aka insider
You are also here Mr.dealsnet...again I am telling you, use your peanut size brain if you have one. I heard Keral people good only for tea shop or Gulf. what are you doing here. You started your tea shop here. Do you sell medu vada also?
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Michael chertoff
07-30 09:28 AM
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
When people with PD June 15 2006 will get the greencard???
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
When people with PD June 15 2006 will get the greencard???
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mheggade
07-23 01:14 PM
Reply to sumagiri's post
This kind of statements are used just to bluff the congress. Bear in mind 140k is the quota and may not be the target. Looks like they did it again (I mean bluff DOS and Congress) and DOS had no choice to move the dates so that overseas visa post can consume the remaining visa.
This kind of statements are used just to bluff the congress. Bear in mind 140k is the quota and may not be the target. Looks like they did it again (I mean bluff DOS and Congress) and DOS had no choice to move the dates so that overseas visa post can consume the remaining visa.
apb
12-14 02:13 PM
OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed......
Isn't this we want. New Law. I am pretty sure when new law is being written and debated and passed, we could lobby for the changes we want. I believe, the EB process will not stop during this process because the govt machinery cannot say let the new law comes into force and then we process. They have to process the GC as per the existing law.
First we go the judiciary route. If we win that would be awesome. If we loose that will give us more visibility. More visibility could attract more sympathetic support than what we have right now. Also there will be clear distinction in senators mind between Illegal and Legal immigration. The hearings will expose the lies behind Lou D talk shows.
I believe that this process will act as a catalyst, to the entire process. We are already facing retrogression. Maybe another couple of years of extra wait would be worthwhile if this can bring in the reforms.:)
Isn't this we want. New Law. I am pretty sure when new law is being written and debated and passed, we could lobby for the changes we want. I believe, the EB process will not stop during this process because the govt machinery cannot say let the new law comes into force and then we process. They have to process the GC as per the existing law.
First we go the judiciary route. If we win that would be awesome. If we loose that will give us more visibility. More visibility could attract more sympathetic support than what we have right now. Also there will be clear distinction in senators mind between Illegal and Legal immigration. The hearings will expose the lies behind Lou D talk shows.
I believe that this process will act as a catalyst, to the entire process. We are already facing retrogression. Maybe another couple of years of extra wait would be worthwhile if this can bring in the reforms.:)
Michael chertoff
01-13 05:56 PM
Ahh my friend Ron if you are trying to get me to feel bad with your statement i guess no one cares for u.... then all i can say is Better Luck Next Time
I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
If people do not agree with me that is also ok since that is their right
If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)
And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself
Peace ...
My friend ..I care for you.
MC
I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
If people do not agree with me that is also ok since that is their right
If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)
And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself
Peace ...
My friend ..I care for you.
MC
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