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  • McLuvin
    03-12 01:55 PM
    finally the bulletin has been posted in the DOS website...

    Visa Bulletin for April 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4747.html)

    They have given a brief description about "BACKGROUND INFORMATION ON FREQUENTLY MISUNDERSTOOD POINTS"

    Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, a significant amount of demand is received each month for applicants who have priority dates which are significantly earlier than the applicable cut-off dates. In addition, fluctuations in demand can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuance approaches the annual limitations.

    Per-country limit: The annual per-country limitation of 7% is a cap which visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries. This limitation is not a quota to which any particular country is entitled, however.

    Applicability of Section 202(a)(5): INA Section 202(a)(5), added by the American Competitiveness in the 21st Century Act, removed the per-country limit on Employment-based immigrants in any calendar quarter in which applicant demand for numbers in one or more Employment-based preferences is less than the total of such numbers available. In recent years, the application of Section 202(a)(5) has allowed countries such as China � mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused. Such numbers are provided strictly in priority date order without regard to the foreign state chargeability, and the same cut-off date applies to any country benefiting from this provision.

    Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.





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  • stucklabor
    07-24 02:15 PM
    JCmenon,

    No offense taken.

    But any other IV core member is going to give the same answer, poll or no poll. Even if all 5000 IV members tell the core group to lobby USCIS to allow 485 filing with visa number unavailability, the answer is going to be the same - that is a request to USCIS to break the law, hence IV will not waste any time on it.

    And it is sad that you think that voicing your opinion will get you banned from the IV site.





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  • gcphul
    04-09 12:05 AM
    I got 9thh year visa Stamped in chennai in jan with no issus it was smooth.I returned to JFK in Mid Feb. IO just asked one question abt my job role.Thats it i am done.But for my wife he took finger prints. Database showing someone else name and Pic. He asked to go the seperate room. IO was re checking again in computer my wife name and pic showing passport and pic came on the computer. I asked IO that something officer he just said Finger prints mis-mathing and he said its not big deal, wait few more minutes I let u go. After few minutes 2 IO's discussed something which I couldnt hear, they said to u can go. I was scared little bit. It was smooth.





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  • actaccord
    02-17 08:36 AM
    one of the reason I would like Core Team to consider sending email about the Advocacy Day.... that email will get more inactive member like Chandu who got greened and has no good reason (nothing wrong abt it...most of us do the same) to continue visiting IV. Please consider sending one email on Feb and March.

    If someone gets out because of this email I am sure he/she is not going to work on any IV activities even if IV never sent any email. Those members join IV just for some free advice and nothing else.

    Pappu & StarRun consider this request and let us know where we stand on this. I had collected some content from this forum for flyers ( decided not to pursue further after discussion and advice from StarRun).

    On side note, I agree with Chandu regarding convincing our spouse on these kind of expense and participation is really tough a job. We have bought up by teaching/preaching any activities other than studying (for grownups working) is not worth it.

    I agree with you. I thought about it and decided to come to DC. I was greened last year and definitely IV was a very big factor in my GC journey. I have not been logging onto IV for a while as I have been very busy with my personal life, and job tensions, kid etc.. and all sorts of other things.

    After GC, your life usually changes only if you want it to change. I am still in the process of understanding how best to change. As of now, nothing changed - not even my job :).

    I am surprised that people still do not want to help themselves. I see everyone looking at the visa bulletin and getting frustrated, but why do people n ot take the extra step?, I really don't understand. I urge members to come forward and help yourselves. - Please.



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  • chanduv23
    04-04 09:11 AM
    I hope not. If they ban bodyshops the cap will never run out.
    And people in Real companies will be able to get the visas.

    Actually it is difficult to ascertain to a level to determine if the h1b is filed by a body shop because right from Accenture, PWC to the smaller Cayotes all are offshoring and outsourcing, every company has its own product and inhouse development.

    Most of American companies want a pool of talent available at time of need to choose from and these companies always maintain the supply at a premium.

    A lot of people come through bodyshops and later move on to permanant jobs.

    Something the differentiates research jobs, non IT jobs etc... and protect their interests and have some quota for tthem will be beneficial.





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  • nitlsu
    04-04 11:16 AM
    I don't think this bill would be of any consequence to the goal of IV unless they can maybe attach some GC-relief provisions to it.

    In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.



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  • villamonte6100
    09-26 12:50 PM
    its illegal to take color photocopies of driver licences, ONLY send b/w

    You dont make sense.

    There is no law that says it is illegal to take color photocopies of driver license.

    I've done that many times.





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  • Kodi
    04-01 06:24 PM
    Thank you so much.

    So is it correct if I take the annual salary and divide by 52 and then by 40 to get the hourly basis?



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  • chmur
    03-23 08:56 PM
    After arriving in US , typically It takes about a year or two before you start ur GC process.(Initial job/city jumping )
    So most of the applicants in 01-02 arrived during the halcyon days of 99-00.

    with this analogy, I don't expect too many applicant in 03-04





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  • pyaradesi
    02-03 09:28 PM
    Folks,

    I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.

    But, there are a few questions that I am not convinced myself:

    1. why remove per country quota just for EB, why not family based immigration as well?

    2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.

    3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?

    When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman? We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.

    That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help. At the end of the day human life is human life even it is it Indian.



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  • suresh.emails
    01-21 02:41 PM
    No more crossing into USA just based on saying you are a Citizen (oral declaration).

    Starting from January 31, 2008 (two weeks from now), all citizens must carry passport or other kinds of acceptable ID's to enter into US border. This is also applicable US and Canadian citizen.

    Following are acceptable documents/ID's for US/Canada citizens ages 19 and older.

    1. USA, Canada passports
    2. US passport card (available in the spring)
    3. Trusted traveler card such as NEXUS, SENTRI or FAST
    4. Secure driver's license
    5. US military ID
    6. US Merchant Mariner document
    7. One of several IDs issued to Native Americans

    So, proof of citizenship will be required for entry.

    As usual, all other citizen must carry all required documents.

    Source: USA Today January 18, 2008 news paper 3A page.





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  • trueguy
    07-30 12:09 PM
    Add E&Y (Ernst and Young) to the list.



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  • Slumdog
    01-16 03:33 PM
    For most of you this country has given everything you ever dreamt of & yes it is only possible in USA in short span of time but I want every member here to ask yourself one question. i.e Do you have peace of mind? I want to share with you half a day of my life as an immigrant here. I guess for some my story is not a big deal & for others they feel they are in my shoes. It�s quite lengthy for half a day story, so please read on if you have patience & time.

    January xx/xx/2009

    It�s 5:10 Am and I had to forcefully get out of my bed after 3 snoozes ( the fact is 4th snooze my wife will kick me out of bed anyways) . While walking out of the bed I was jealous of my wife that she need not get up early & go to work as we recently had a baby & she had to leave the job as she was under contract on EAD & not full time. As soon as I came out of shower I was feeling very fresh , energetic & was already planning my day schedule at work while I was getting ready.

    6:00 AM: I am all dressed up for work & while I am already late for my train & taking quick bites of breakfast , I ran upstairs to my bed room to give a goodbye kiss to my wife & daughter. While kissing my daughter I just wanted to stare at her for some more time but had to leave as I was late. & ran back to garage & started my car & zoooommmmmm. I know the back routes to station & I know police wont catch me even if I am speeding ( I was going 65mph in 30 mph zone ). While I was already half way to station I realized & said to myself NOT AGAIN ( I did not turn off lights in the house & this really pisses of my wife ) I forgot to Switch off in the bath room, upstairs corridor, stiars, main hall, kitchen,. I left lights on literally everywhere including garage except the 3 bed rooms.

    6:20AM : Reached the station, parked the car & while I knew there is only 2 min left before I miss the train , I ran to newspaper walla bought the newspaper & literally ran on escalator & just got in the train & the door closed behind me. I guess this happens atleast 2-3 times a week & hey I think I got used to it.
    Once I am in the train I had relax for 5 min to to take breath from running on escalators & then I read the headlines & said nyah same old stuff which was showed at 9PM news last night & didn�t bother to read any more , I opened up business edition & completed & it was frustrating to see that DOW tumbled gain, forclosure on rise, no hopes for good market in 2009 blah blah blah blah blah & then I closed my eyes & started day dreaming about my daughter, her cute smile & thinking about my upcoming trip to india as it will be the first time I am visiting after my baby was born. Just when I though I was falling into sweet dreams I heard this announcement from train operator � Abhey salla utto , tumahara station aagya, jaakey kuch kaam kar� I will translate this in English for non indians ( good morning ladies & gentlemen you have reached station �xyz� & Thank you for riding with us & we wish to see you again�)

    6:56 Am: As soon as I am out of station the first place I go is starbucks, & get a non fat grande mocha with 2% extra hot no foam with little bit of honey & cinnamon. ( KIDDING , I just take plain regular coffee with room ). The first sip is amazing it feels like first cigg after a bottle of beer & started walking to my office which is very close to station.

    7:00Am: I am in office. Usually it is just me & couple of other guys on the floor at that time. The office was silent & it was open floor plan with flat cubicles & you see the entire floor even if you sit at your desk. Logged into PC & checked my emails & getting prepared for the days work.

    7:10Am: I saw one of the senior manager in office & it is very unusal for him to come so early into the office. While I wished him good morning he didn�t seemed to respond the way he usually does. He then walked up to one of the office colleague in different department next to me & asked him if he could come to his office.

    7:15Am: The guy walks out of the office along with manager with packet in his hand & started packing his stuff right away. I could see that his computer is still logged in & I guess he was not even allowed to log off. The manager stands behind him, occasionally helps him in his packing & walks him out of the door, into the elevator & outside the building. That�s it, my heart started beating heavily, I said to my self �today is the day� . Yes by now you all know what I was talking about !!! LAYOFFS�

    The talks have been going for several days & no one except top senior executives knew who & how many people will be laid off. Everyone I talk to in the company is worried, it did not matter if he was senior, working in company since 10 years, experienced , the best technical guy, the most lovable guy, the CEO�s blue eyed boy, every one & I mean almost everyone is worried about their job. I did not know how I was going to handle even though I was prepared before for the worst. But when the time actually came , it�s different, first time I felt I was weak because of the things below which are going in mind.
    � I bought a house just few months back, although great deal at the time I bought I had to invest 15% down payment & at that time never ever knew that this day would come. I always thought I could resell it but when I contacted my mortgage broker few days back , he told me that market was so slow that I wont be even getting the 15% down payment if I plan to sell now. With most of my hard earned savings in the house I am only left with couple of grand for reserves.
    � The biggest worry I had was 10 days after my daughter was born she was hospitalized for almost a month for complex partial seizures treatment .She has since been in medication & was doing good & slowly outgrowing seizures with occasional episodes. We can�t stop the treatment & thinking of expensive Cobra package & not knowing how many months we will be jobless made me sick.
    � How do I invoke AC21 & how many much should I be paying Lawyers?
    � My upcoming trip to india, we already spend close to 5k for the tickets & cancelling the tickets is impossible due to family reasons. What if I loose a job now & go on trip to india? Can I enter back on Advance parole? What if the port of entry finds out that I lost a job, will be I allowed in when I come back? Will my company cancel current approved I140? & will that lead to I485 cancellations which has been happening recently ??
    � What will happen to my car loans & upcoming car registration, insurance.

    Not that I don�t have any money in reserves but these are very few things I mentioned above that bothered me & list can go on & on. Is it easy pack all the bags & leave everything behind? Yes if you want to & NO if you want to fight, it�s as simple as that & I did not plan to leave. So let�s go back to what happened for the rest of the day & believe me all the above points I mentioned was going in my mind in less than a minute, so now the time is �

    7:16Am: I saw one other manager in the same process in different dept doing the exact same process. Remember, above somewhere I said that it is a open floor plan & everyone can see everything what is happening. Though I am not shaken from outside, inside I feel every inch of it.

    Part II Continuation below.......





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  • Alabaman
    10-20 09:48 AM
    You all have to look at this strategically. We all know at this stage of the election that Obama will likely win. We also know that congress is currently controlled by Democrats. If we have both congress and white house being controlled by democrats, then it is likely that we will have more things accomplished than if we have one party holding to one and another party holding to the other.

    Forget the election rhetoric, Obama is not against legal immigrants (neither is McCain). At this stage, we have to look at the big picture which I just highlighted. What we should be working for right now (well I know we are not partisan) is for more democrats to win seats at the congressional and senate level so that bills that are pushed forward we have a better chance of passing and hopefully the ones that favor us and eliminate this backlog too.

    So please you all should support Rick Norriega for TX senate (and all Democrat senatorial and congressional candidates) You can check out his immigration plan here http://www.ricknoriega.com/assets/img/immigration_plan.pdf

    What say you??



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  • saileshdude
    09-14 03:24 PM
    Looks like contacting senator/congressman is pissing off the IOs and they are issuing the RFEs. I wish now that I did not do either of these. But unfortunately I did so I guess I need to bear the consequences. So I should just expect RFE now. I know quiet a few people who wrote to Senators and got RFEs. I guess people in Jul/Aug really overwhelmed the TSC with Senator calls and now we have to face their wrath.





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  • amsgc
    07-02 09:36 PM
    Regarding your argument on fairness:

    On the contrary, under the current system immigrants from all nations do not have an equal opportunity to apply for a green card. Immigrants from the retrogressed countries are at an unfair disadvantage.

    It is easy to see: A guy from ROW and a guy from India both are equally qualified engineers who have a EB2 PD of Jan 2008. The guy from ROW can apply to adjust status now, but the guy from India cannot apply until five years from now. That doesn't tell me that both immigrants have an equal opportunity.

    Both immigrants would have had an equal opportunity if both could apply for GC at the same time. Once you have entered the country, have been gainfully employed, and your immigrant petition has been approved, how does it matter whether you came from India, china or Timbuktu? Your employer needs you for your skills, not your place of birth. Do you resolve your day to day office problems with your birth certificate pasted to your forehead?

    Regarding your argument on diversity:

    You need to understand that the country cap (set up 50 years ago) was NOT set up to give all countries an equal shot at sending EB immigrants to the US. The cap was based and an already existing xenophobic tendency (formally expressed way back in 1924) and the desire to retain the cultural and racial character of the US of '65. They would do fine with only handful of you if you didn't eat, drink, talk, walk and look like them.

    Now, you need to understand another important point - The world has changed by leaps and bounds in the last fifty years, all made possible by advances in technology and a conscientious effort by governments to educate their people. As a result there are highly skilled people all over the world, who bring their own unique character and experience to the work place. And things have changed dramatically in the US too. Among other things, the US has become more accommodating to people of different cultural identities. Economically, the US is in need of more high skilled people than ever before. This is an irreversible trend, where the US of today is more interested in who you are and what you bring to the table than what you look like. If a few thousand Indians or Chinese are given the green card, based on their SKLLS, it will not alter the racial and cultural character of 300000000 Americans (that's 300 followed by six zeros). Rather it will only make it richer.

    Usually politicians work in reactionary mode – they will espouse an idea once it is obvious that they can’t do without it. The fact that discussion to remove country caps in EB has come up in the congress means that the American people have already written it off as an absurd idea.

    The law will change, whether you like it or not.

    Read here and get yourself some education:

    http://en.wikipedia.org/wiki/Immigration_Act_of_1924
    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952
    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Services_Act_of_1965


    Regarding the agenda:

    The agenda of this organization is pretty darn obvious if you care to go through the home page. The idea is to get as close as possible to a system of immigration that appropriately addresses the needs of the US economy and is fair to both Peter and Paul. A system which gives out a green card in a timely fashion, based on skills, job requirements, and the time when the process was started. We need to advocate a change because the current system says to Paul "screw you" and rewards Peter.





    I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!



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  • webm
    06-20 03:01 PM
    Congratulations!!! Survu,Mallu both..


    -------------------------------------
    PD EB3-Ind Oct,2001





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  • Kodi
    05-27 11:23 AM
    This happened to me in 2006, we went on a road trip from NY to Texas and wanted to visit the mexican border. On our way back they were stopping every vehical. We were on H1 visa at the time and he only checked our IDs and let us go. He was quite nice. I guess they were only looking for mexicans, we said we're from New York and our vehical plates said NY and he didn't ask any other questions.

    On the other hand, I know some people who over stayed and they fly within US all the time. They don't have ID but they show their passport but was never asked for visa status. Weired I guess. They don't even check the visa in the passport.





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  • masouds
    02-15 04:52 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps.
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    :mad:
    Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.





    feedfront
    09-17 09:58 AM
    Anyone received RFE letter? I've not received it yet.





    HV000
    08-15 06:04 PM
    Unfortunately, China and ROW EB2 are 2 and 3 years ahead of INDIA EB2!!!
    Hopefully, INDIA EB2 and EB3 moves forward in OCT with new allocation.

    The DOS method of PIECE MEAL ALLOCATION NEEDS TO CHANGE!!



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