sammas
07-12 03:57 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
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pappu
07-05 02:23 PM
1) You can VIEW the forums ONLY if you are a REGISTERED member (that part is FREE).
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
How is it different from my idea?
Difference of colors. :D
Please join any of the drives running.
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
How is it different from my idea?
Difference of colors. :D
Please join any of the drives running.
arnab221
04-23 01:38 AM
Lot of you guys have mentioned that there were a set of people( Latino immigrant community) there who were not happy with some of the terms in the STRIVE ACT. Could one of you tell us what those terms were ? Since legal immigration reform are hostage to Comprehensive immigration bills at this stage, I am just pondering if those terms become a hindarance in STRIVE getting cleared and consequently section V not getting passed .
Also Ramaonline says that Congressman Guiterrezz told him that he is assured of a support of 180 House democrats and needs 218 Votes to pass the bill. So that leaves us with 38 votes that are needed. From what we see and hear in the news media, there are just a handful of House Republicans now who do not support this Bill . The consensus from the news media is that many of the Republicans who opposed CIR last year have not got re-elected . So if this is the case then 38 Republicans should not be a real problem to find . Any factual opinions ?
Also Ramaonline says that Congressman Guiterrezz told him that he is assured of a support of 180 House democrats and needs 218 Votes to pass the bill. So that leaves us with 38 votes that are needed. From what we see and hear in the news media, there are just a handful of House Republicans now who do not support this Bill . The consensus from the news media is that many of the Republicans who opposed CIR last year have not got re-elected . So if this is the case then 38 Republicans should not be a real problem to find . Any factual opinions ?
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logiclife
01-31 04:33 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.
You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.
You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.
more...
sc3
10-16 02:48 PM
I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications. USCIS had to use up the numbers so they took the path of least resistance -- not the right thing to do -- but it can't be branded as a "reaction" to the July 07 issue.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications. USCIS had to use up the numbers so they took the path of least resistance -- not the right thing to do -- but it can't be branded as a "reaction" to the July 07 issue.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
pointlesswait
03-11 11:04 PM
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more...
Macaca
01-26 08:29 AM
Finally, I understood the purpose of this forum. No, the title is not wrong.
I understand that you are
1. explaining retrogression, and
2. predicting time it will take a person to get GC.
The above are based on
1. applications with USCIS, and
2. USCIS policy to approve GC.
If this is true, it is the first good idea I have seen here. Alisa for president! (Arnold, California Gov, is working on changing rules for naturalized citizens).
I have the following suggestions. I will help after I read everything. Give me some time.
1. Indians are over-represented in IV. Consider the case of a country that is doing better and mention countries that are worst.
2. Write a short paragraph that goes in IV email sales pitch. This has a URL to this complete report.
3. This complete report has URL to USCIS data.
4. We work on similar report (with URLs) on lobbying effort and funding level of anti-immigration organizations.
USCIS numbers and rules are not the only factors against us. The anti-immigrants are a much bigger factor.
5. IV email sales pitch has a para with URL on
a. explaining retrogression (this report).
b. lobbying effort and funding level of opponents (next report).
c. IV's experience with legislation.
d. BEGing for contributions.
6. KISS principle baby: Keep It Simple, Stupid. Too much gymnastics in IV writeups.
I understand that you are
1. explaining retrogression, and
2. predicting time it will take a person to get GC.
The above are based on
1. applications with USCIS, and
2. USCIS policy to approve GC.
If this is true, it is the first good idea I have seen here. Alisa for president! (Arnold, California Gov, is working on changing rules for naturalized citizens).
I have the following suggestions. I will help after I read everything. Give me some time.
1. Indians are over-represented in IV. Consider the case of a country that is doing better and mention countries that are worst.
2. Write a short paragraph that goes in IV email sales pitch. This has a URL to this complete report.
3. This complete report has URL to USCIS data.
4. We work on similar report (with URLs) on lobbying effort and funding level of anti-immigration organizations.
USCIS numbers and rules are not the only factors against us. The anti-immigrants are a much bigger factor.
5. IV email sales pitch has a para with URL on
a. explaining retrogression (this report).
b. lobbying effort and funding level of opponents (next report).
c. IV's experience with legislation.
d. BEGing for contributions.
6. KISS principle baby: Keep It Simple, Stupid. Too much gymnastics in IV writeups.
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vgayalu
01-18 09:06 AM
Can some one tell, How to create a new thread please?
Vgayalu
Vgayalu
more...
hpandey
10-15 02:25 PM
I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
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gauravster
05-26 05:40 PM
This border patrol authority applies 100 miles from International border. Guess what, most of US population is in that region, all of NJ, MA, most of CA, etc etc as all are within 100 miles from the border (including the sea border, which marks international maritime border). Though not normally done, Border Patrol can set up checkpoints anywhere in this region. I remember reading in depth of this ridiculous rule sometime back.
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
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stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
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rangaGCPlease
07-18 11:52 PM
Hi, I see that several June 1st filers who mailed on 31st may have received RD's. So same logic should apply for July 2nd filers who mailed on 30th june. I dont see any difference between the two scenarios. Any rejected july 2nd applns should have already reached, unless they are lost in return mail :(. Otherwise the scenario is exactly identical to June 1st filers.
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voldemar
06-20 06:01 PM
its illegal to take color photocopies of driver licences, ONLY send b/wAnd wait for RFE.
USCIS is asking for COLOR copies of DL and passport.
USCIS is asking for COLOR copies of DL and passport.
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imv116
04-02 03:13 PM
[quote=sweet_jungle]
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
more...
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gc_chahiye
08-16 12:59 AM
September bulletin was out today..Wondering why there was no thread yet on IV..EB2 india shows visa number available with a cutoff date of APRIL 2004
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
this is IV, how could it be missed? and how can only one thread be started for any topic?
It was duly noted 5 minutes after it was published, three threads were also started, all of which have now been consolidated here:
http://immigrationvoice.org/forum/showthread.php?t=12444
admins: one more thread for you to delete/move...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
this is IV, how could it be missed? and how can only one thread be started for any topic?
It was duly noted 5 minutes after it was published, three threads were also started, all of which have now been consolidated here:
http://immigrationvoice.org/forum/showthread.php?t=12444
admins: one more thread for you to delete/move...
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ita
09-10 12:33 PM
You can post. Just type the messages on the left hand side panel.
Got it. Thank you.
Got it. Thank you.
more...
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ajthakur
07-14 08:08 PM
The LUD on my 140 is for sunday 7/13/2008. Why would they touch it on a sunday.
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slowwin
07-23 07:56 AM
now that the Small Business lending program has passed the 60 vote threshold, they would be putting Amndt. to it for vote. any idea, when sanders Amndt. will be vote on ?:mad:
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jthomas
10-16 05:41 PM
I would think better than doing one day off from work let all the state chapters do a mela for diwali, distrubute flyers, educate american citizens about legal immigration, get contributions and then pass on to IV.
Lets check which state chapter can get max contributions
Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.
If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.
Lets check which state chapter can get max contributions
Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.
If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.
greyhair
09-09 02:36 PM
With republican House there is zero chance of anything happening on any kind of immigration bill. Nothing other than border security will be taken up. It will be best to kiss good bye to GC dreams if republicans win the House.
jackrabbit
07-17 11:01 AM
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
Does anyone know if we can sue them. I am sure that they are a registered organization.
Does anyone know if we can sue them. I am sure that they are a registered organization.