kondur_007
07-12 04:30 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.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
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.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
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vdlrao
07-18 11:44 PM
Hi Gurus,
My PD is Dec06 EB2, do you have any guess when I will be current.
Thanks
Assuming you are EB2 India with PD Dec 2006
Best case your case will be current : 4 months
Worst Case your case will be current : 12 months, but not more than that.
My PD is Dec06 EB2, do you have any guess when I will be current.
Thanks
Assuming you are EB2 India with PD Dec 2006
Best case your case will be current : 4 months
Worst Case your case will be current : 12 months, but not more than that.
Legal
08-13 04:08 PM
I think thats AC21 recapture thing...
AC 21 numbers all have been used up some in 2002, some in 2005-2007. Nothing left from that. This was in a USCIS document that vdlrao posted some time ago.
AC 21 numbers all have been used up some in 2002, some in 2005-2007. Nothing left from that. This was in a USCIS document that vdlrao posted some time ago.
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gk_2000
08-11 06:31 PM
Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.
Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
We need focused efforts.
Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.
What say you guys?
Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.
Well the plan for now has to be just brain-storming. So let's compile the best ideas from here and make a list. So let's suggest our ideas and discuss the merits and de-merits of each of them
We should have some criteria to evaluate the ideas. I propose (in order of importance):
- Can be done with admin fix
- Controversy. Would like path of least resistance
- Addresses EB3 problem
All are free to develop upon these..
Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
We need focused efforts.
Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.
What say you guys?
Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.
Well the plan for now has to be just brain-storming. So let's compile the best ideas from here and make a list. So let's suggest our ideas and discuss the merits and de-merits of each of them
We should have some criteria to evaluate the ideas. I propose (in order of importance):
- Can be done with admin fix
- Controversy. Would like path of least resistance
- Addresses EB3 problem
All are free to develop upon these..
more...
alex99
10-25 11:19 AM
Please participate in EB3 Poll
whitecollarslave
01-18 08:06 PM
By law, you are not suppose to make copies of an official US document.
Where did you get this information from?
Where did you get this information from?
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kumar1
07-31 03:18 PM
x
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neoneo
09-26 09:31 PM
---
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
more...
newuser
07-16 07:48 PM
Guys,
Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
I like this idea better. Create a top ten myths document and sent them to Representatives of the Congress.
3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.
Any other thoughts?..
?
Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
I like this idea better. Create a top ten myths document and sent them to Representatives of the Congress.
3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.
Any other thoughts?..
?
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pointlesswait
07-14 09:17 AM
i think this is the most logical reasoning!
but the million $ question is: is for how long! :confused:
In order to use left-over visa numbers from EB1 and EB2-ROW, the PD cut-off for China and India must be locked. That's one of the reason why India's cut-off date has also moved.
but the million $ question is: is for how long! :confused:
In order to use left-over visa numbers from EB1 and EB2-ROW, the PD cut-off for China and India must be locked. That's one of the reason why India's cut-off date has also moved.
more...
webm
03-17 07:58 PM
Sorry to hear that..May be due to processing times are hanging at April,2007 i guess you may have to wait until your 485 RD falls into that or may be not...because some people are getting approvals irrespective of the processing dates not match with their 485 RD (received date)
We should have soon processing times updated according to the April VB...keep hope..
Goodluck to you!!
We should have soon processing times updated according to the April VB...keep hope..
Goodluck to you!!
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Ramba
07-15 10:54 AM
I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.
more...
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nomi
12-12 04:31 PM
Yes, we do listen - Fixes based on your comments
While we will not respond individually to your e-mails to us, we do read - and act - on them. This page will show some of the issues you have raised and solutions that we have instituted in response.
November 15, 2006
Administrative Appeals Decisions
These decisions are currently unavailable on the USCIS web portal. We expect to have them re-published by November 30.
--------------------------------------------------------------------------------
November 8, 2006
I-LINK Materials/INA/8 CFR/etc.
While these legal materials are available (including the redacted Adjudicator's Field Manual). They may experience intermittent problems. If you try to access this material and see a blank page, refresh your browser. The page should appear. Please note: the redacted Adjudicator's Field Manual is a very large document, and may load more slowly than other legal materials.
Policy and Procedural Memoranda
These are being republished now, and should be complete no later than November 9.
Broken Forms
We are receiving a number of comments from you that a particular form is corrupt or somehow not working. If this happens to you, please let us know the following details:
The form you are attempting to download
What version of Adobe Reader or Acrobat you are using
What browser and operating system you are using (e.g., Firefox 1.x and Windows XP)
This will hopefully help us nail down the problem. Thank you
--------------------------------------------------------------------------------
November 7, 2006
Missing I-600A Form
Replaced the form Nov. 6
Immigration Statistics
If you are looking for the immigration statistical reports we published on USCIS.gov, they can now be found at www.dhs.gov/immigrationstatistics. Or click the related link "Immigration Statistics" on this page.
Case Processing Times
If you are looking for the listing of processing times for particular application or petition types at our regional and district offices, you may find it at the related link "Case Processing Times" on this page.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f55cc2e9bb6be010VgnVCM1000000ecd190aRCR D&vgnextchannel=7220c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
While we will not respond individually to your e-mails to us, we do read - and act - on them. This page will show some of the issues you have raised and solutions that we have instituted in response.
November 15, 2006
Administrative Appeals Decisions
These decisions are currently unavailable on the USCIS web portal. We expect to have them re-published by November 30.
--------------------------------------------------------------------------------
November 8, 2006
I-LINK Materials/INA/8 CFR/etc.
While these legal materials are available (including the redacted Adjudicator's Field Manual). They may experience intermittent problems. If you try to access this material and see a blank page, refresh your browser. The page should appear. Please note: the redacted Adjudicator's Field Manual is a very large document, and may load more slowly than other legal materials.
Policy and Procedural Memoranda
These are being republished now, and should be complete no later than November 9.
Broken Forms
We are receiving a number of comments from you that a particular form is corrupt or somehow not working. If this happens to you, please let us know the following details:
The form you are attempting to download
What version of Adobe Reader or Acrobat you are using
What browser and operating system you are using (e.g., Firefox 1.x and Windows XP)
This will hopefully help us nail down the problem. Thank you
--------------------------------------------------------------------------------
November 7, 2006
Missing I-600A Form
Replaced the form Nov. 6
Immigration Statistics
If you are looking for the immigration statistical reports we published on USCIS.gov, they can now be found at www.dhs.gov/immigrationstatistics. Or click the related link "Immigration Statistics" on this page.
Case Processing Times
If you are looking for the listing of processing times for particular application or petition types at our regional and district offices, you may find it at the related link "Case Processing Times" on this page.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f55cc2e9bb6be010VgnVCM1000000ecd190aRCR D&vgnextchannel=7220c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
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GCneeded
10-25 01:52 PM
PD is Dec 2002 / EB3 India / I 140 Approved / 485 Pending
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sivakumar
02-22 12:14 PM
any comment friends ?
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hope_4_best
06-30 10:42 PM
I think fedex does some same day delivery service from some cities, I called they had that service from my city, you might have to give the package very early like 4 or 5 am on monday, call 1800-go-fedex for details
If FedEx doen't help try USPS, they also have overnight delivery.
If you handover the document on Sunday evening before 5.00 PM, by Monday noon it will be delivered.
If FedEx doen't help try USPS, they also have overnight delivery.
If you handover the document on Sunday evening before 5.00 PM, by Monday noon it will be delivered.
more...
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greenlight
08-23 12:27 AM
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
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chanduv23
09-10 11:56 AM
Are you guys in jail or something?
Many are : they jailed themsleves inside their closets
Many are : they jailed themsleves inside their closets
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funny
09-11 11:38 AM
http://seeker.dice.com/olc/thread.jspa?threadID=9965&start=0&tstart=0
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
GC_SUCK
08-15 11:03 PM
I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
nixstor
07-05 11:52 AM
People are voting, but do not want to voice their opinion on why this should be a paid site or not. Did I say anything wrong about paid subscriptions? Those who are voting "NO", Can you enlighten me why a wesbite that we hang on to every day for atleast one hour should be FREE? Why should so much of energy go waste all the time running funding drives? Why does a Murthy or Rajiv's 15 min consultation has to be 225USD and IV's community knowledge leveraged for not even peanuts?