Michael chertoff
01-26 08:02 PM
We all migrated for one reason or other. Don't add salt to an open wound.
I'm not from Andhra but I'm an Indian and always proud to be known as Indian. No matter what this place has to offer at time of crises if you can't help then don't hurt.
I have been on F1 before, I'm waiting in line for GC to be approved. This forum is for information that will help.
Can the Admin delete any post that hurt people.
Agreed
I'm not from Andhra but I'm an Indian and always proud to be known as Indian. No matter what this place has to offer at time of crises if you can't help then don't hurt.
I have been on F1 before, I'm waiting in line for GC to be approved. This forum is for information that will help.
Can the Admin delete any post that hurt people.
Agreed
wallpaper The field of the Battle of
go_guy123
11-03 10:49 AM
WOW...
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
Dont worry too much about the reds. Even I used to have a couple of greens.
But when I saw many people complaining about why IV is not pursuing piecemeal,
I explained them about the Hispanic caucus and CIR.....I started getting reds
because of that.
People often give red even for rational and logical postings here if the information is uncomfortable.
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
Dont worry too much about the reds. Even I used to have a couple of greens.
But when I saw many people complaining about why IV is not pursuing piecemeal,
I explained them about the Hispanic caucus and CIR.....I started getting reds
because of that.
People often give red even for rational and logical postings here if the information is uncomfortable.
saggi13
02-20 07:05 PM
I got 2nd finger printing notices for me and my spouse (attorney got it and sent a scanned copy). Still have not received RFE notices (neither my lawyer did). Looks like the FP notices were generated on 02/12 -one day before the RFE status
2011 The Battle of Hastings 1066
sanbaj
07-31 05:30 PM
Thanks, Sanbaj! Your response does help.
You are welcome !!
You are welcome !!
more...
uma78
02-10 08:02 PM
Its a small good news. I got similar status update last year sometime in Aug/Sept before my I-485 was finally approved around end of Sept '08. My case was originally filed at CSC and then was transferred to NSC. I got this message when NSC finally picked up my transferred case, dusted it off an (I'm guessing) input it in their system. Most likely your cases went the similar route and now they have been finally picked up by the destination center for processing.
I hope that would be the case. But cannot expect much thinking realistically.
Uma
I hope that would be the case. But cannot expect much thinking realistically.
Uma
ssnd03
07-17 10:05 AM
FBI background check delay is the only reason why visa numbers are wasted every year. Pending I485 cannot be adjudicated and allocated visa numbers due to pending security checks. At the same time these pending I485s also don't let the visa bulletin dates move forward fast enough. Just wait and see how this problem is going to get worse in the coming years.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
more...
nikh
08-13 10:54 PM
On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
2010 pictures The Battle of
brahmam
06-23 11:23 AM
Folks
where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?
Thanks
where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?
Thanks
more...
tinku01
02-17 09:11 PM
thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.
Thanks everybody we need your support to come out of this situation.
Thanks everybody we need your support to come out of this situation.
hair Battle of Hastings
shamu
01-11 09:37 PM
<Quote>About point 4, I am trying to find a hospital that would provide a payment plan in Dallas area.</Quote>
I believe all hospitals provide payment plan.
I really appreciate your help Pallavi
I could not think that some many of IV'ans are responding and trying to help each other.
This is highly appreciable!
Thank you all.
I believe all hospitals provide payment plan.
I really appreciate your help Pallavi
I could not think that some many of IV'ans are responding and trying to help each other.
This is highly appreciable!
Thank you all.
more...
chanduv23
03-11 03:55 PM
Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
hot at the Battle of Hastings
eb3retro
09-19 03:08 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
sorry i have to ask you this question, (after seeing your post), did you attend the rally??
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
sorry i have to ask you this question, (after seeing your post), did you attend the rally??
more...
house BATTLE OF HASTINGS - 1066
kate123
06-18 02:08 PM
Thanks for the initiative. Count me in for this action item. :)
tattoo Battle of Hastings
140jibjab
05-15 05:13 PM
Deals net, I was wrongly implicated in the case.!! If the wife/girlfriend wants to screw you they can say anything to the police!! She wanted me out of her life because she was having a affair!! and She brught the police when I showed her the evidence!! I guess You do not have a wife/girl like that in your life.
I pleaded guilty to save my career!!.
Sometimes wrong people get into your life and you have to deal with the consequence!! This situation can happen to anyone who dont watch out for people who walk into your life!!
In my pevious post I did not want to mention / wash the dirty Linens in Public. but your Why help(without knowing the details)! attitude made me write this. Hope you do not Prejudge people in your life, and since this could happen to you !! just remember my words.
Love and respect!
I pleaded guilty to save my career!!.
Sometimes wrong people get into your life and you have to deal with the consequence!! This situation can happen to anyone who dont watch out for people who walk into your life!!
In my pevious post I did not want to mention / wash the dirty Linens in Public. but your Why help(without knowing the details)! attitude made me write this. Hope you do not Prejudge people in your life, and since this could happen to you !! just remember my words.
Love and respect!
more...
pictures Battle of Hastings (1066):
naushit
12-12 01:15 PM
I understand they release new numbers every quarters ( Jan-Feb-March).
Since all those numbers are already used up. we should not expect any movement in Feb and March either.
Is this correct? I hope not.
Since all those numbers are already used up. we should not expect any movement in Feb and March either.
Is this correct? I hope not.
dresses The Battle of Hastings 1066
kumarc123
11-21 02:26 PM
Dear Friends,
As per yesterday’s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.
Floor Summary: http://clerk.house.gov/floorsummary/floor.html
3:02 P.M. -
The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.
HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.
I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.
Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.
We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.
Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.
So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.
Let’s keep HOPE alive!
Dude nothing will happen, this was lost and last battle.
The problem is us, yes "us". Most of us come to check whats on the website and then make sure we stay abreast with it. No one wants to work etc mile except making stupid phone calls and sending faxes.
NOTHING WILL HAPPEN Because we are DESIS
All the people who got EAD's act as if " I don't care now, I got EAD " I have spoken to few Indians and this has been their response.All these suckers are good for what? You all got EAD, congrats you sit on your bud and wait for years. We all have seen how the bulletin is working.
Illegals are better than us at least they are united and they are actively involved.
We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?
And how many people actually showed up? Desi's wants everything fast and free.
One of the reasons friends of mine from IV have left being disappointed.
Yes 2007 was a milestone for a few people, but a disaster for people like us, who had PD in 07, had July fiasco not happened we could have seen some positive movement, rather being put on a swing ------------------ go front----------------------- go back.
So all the junior and new members until you guys quantitatively plan something big and real, nothing will happen. We all have our own problems, life in America is not simple, but in order for us to accomplish something we all need to unite and do something big, the problem is lately IV thinks too much and has less of ACTION
As per yesterday’s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.
Floor Summary: http://clerk.house.gov/floorsummary/floor.html
3:02 P.M. -
The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.
HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.
I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.
Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.
We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.
Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.
So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.
Let’s keep HOPE alive!
Dude nothing will happen, this was lost and last battle.
The problem is us, yes "us". Most of us come to check whats on the website and then make sure we stay abreast with it. No one wants to work etc mile except making stupid phone calls and sending faxes.
NOTHING WILL HAPPEN Because we are DESIS
All the people who got EAD's act as if " I don't care now, I got EAD " I have spoken to few Indians and this has been their response.All these suckers are good for what? You all got EAD, congrats you sit on your bud and wait for years. We all have seen how the bulletin is working.
Illegals are better than us at least they are united and they are actively involved.
We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?
And how many people actually showed up? Desi's wants everything fast and free.
One of the reasons friends of mine from IV have left being disappointed.
Yes 2007 was a milestone for a few people, but a disaster for people like us, who had PD in 07, had July fiasco not happened we could have seen some positive movement, rather being put on a swing ------------------ go front----------------------- go back.
So all the junior and new members until you guys quantitatively plan something big and real, nothing will happen. We all have our own problems, life in America is not simple, but in order for us to accomplish something we all need to unite and do something big, the problem is lately IV thinks too much and has less of ACTION
more...
makeup 1066 battle of hastings.
icecolor
02-12 07:42 AM
You need to file form 4852. That is super easy and I have filed it once.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
girlfriend at the BATTLE OF HASTINGS
Canadian_Dream
09-14 04:17 PM
Most people here fail to realize the cost of immigration is very heavy at a personal level, especially in globalized economy. If we assume that average wait time for Green Card is 7-9 years (earlier it use to be 4-6 years) consier the following:
1. Professional Growth: This one takes the biggest hit. I know many people at my work who have got GC in past 4-5 years after the usual wait time, they have hit the wall in the career front. Their peak productive years when they were to rise exponentially are gone in waiting. Now most of them are lost in corporate America looking for a place where they can somehow make up for the lost years. I don't think they have found it yet. Most believe that going to home countries might help to find that niche and make up for the growth. This solution might work when the economies of Asia are growing at 8-10% but no one knows for sure in long term.
2. Financial Growth: A lot of investment opportunities are lost becasue no one wants to make a long term invetsment commitments in the state of limbo. Besides that most households have to live on single income source making their earnings below average household income. Even after getting GC one cannot make up for this loss. This creates a permanent under class and I not sure what kinds discontent it leads to.
3. Others: Family (Spouse's professional and others) and presonal stress that one has to go through during the wating years.
I wonder if there is a study outlining these impacts. This is become all the more relevant when the standard of living and opportunites at home are closing the gap rapidly. Getting GC use to outweigh these cost in the past (90's) but lately questions are bound raise on one's mind if this price is justified.
1. Professional Growth: This one takes the biggest hit. I know many people at my work who have got GC in past 4-5 years after the usual wait time, they have hit the wall in the career front. Their peak productive years when they were to rise exponentially are gone in waiting. Now most of them are lost in corporate America looking for a place where they can somehow make up for the lost years. I don't think they have found it yet. Most believe that going to home countries might help to find that niche and make up for the growth. This solution might work when the economies of Asia are growing at 8-10% but no one knows for sure in long term.
2. Financial Growth: A lot of investment opportunities are lost becasue no one wants to make a long term invetsment commitments in the state of limbo. Besides that most households have to live on single income source making their earnings below average household income. Even after getting GC one cannot make up for this loss. This creates a permanent under class and I not sure what kinds discontent it leads to.
3. Others: Family (Spouse's professional and others) and presonal stress that one has to go through during the wating years.
I wonder if there is a study outlining these impacts. This is become all the more relevant when the standard of living and opportunites at home are closing the gap rapidly. Getting GC use to outweigh these cost in the past (90's) but lately questions are bound raise on one's mind if this price is justified.
hairstyles The build up to the Battle of
seahawks
09-15 08:52 AM
[QUOTE=gc_in_30_yrs]I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
very feel good message depending on who you talk, but it matters from person to person and situation to situation. When your wife cannot work, and she used to be working in India, when dont know where you are going to be tomorrow, from contract to contract, when your decision is influenced by your employers and when you wait in long lines to get an appointment in the counsulate and everytime you travel abroad, you take tonnes of paper with you, not knowing if enough documentation is proof enough to let you back in and paying 2 to 3k from your pocket in getting extensions and visa stampings and you have been waiting for the past 4 years and still dont have your labor cleared, and DOL shows its IN PROCESS or a standard email you get from them saying an analyst is reviewing, thats when you wish you had a green card. Why, spending 7 years if its going to be to get a GC can create a Generation gap, can create dents in relationships, your loved ones sacrificing for you giving up their careers, in this mordern day and age, just to fulfill your american dream sounds very selfish. To live with it every day makes it harder. The only thing to not send me back is, what if someday I have to start over all this again if it makes me regret someday, I should just waited a little more to get though this process:)
Feel good, but dont give up! Keep talking to people, send emails, letters to senators and congressman, support IV on their initiatives in how muchever you can, if you can is the tone we should set in this forum!
very feel good message depending on who you talk, but it matters from person to person and situation to situation. When your wife cannot work, and she used to be working in India, when dont know where you are going to be tomorrow, from contract to contract, when your decision is influenced by your employers and when you wait in long lines to get an appointment in the counsulate and everytime you travel abroad, you take tonnes of paper with you, not knowing if enough documentation is proof enough to let you back in and paying 2 to 3k from your pocket in getting extensions and visa stampings and you have been waiting for the past 4 years and still dont have your labor cleared, and DOL shows its IN PROCESS or a standard email you get from them saying an analyst is reviewing, thats when you wish you had a green card. Why, spending 7 years if its going to be to get a GC can create a Generation gap, can create dents in relationships, your loved ones sacrificing for you giving up their careers, in this mordern day and age, just to fulfill your american dream sounds very selfish. To live with it every day makes it harder. The only thing to not send me back is, what if someday I have to start over all this again if it makes me regret someday, I should just waited a little more to get though this process:)
Feel good, but dont give up! Keep talking to people, send emails, letters to senators and congressman, support IV on their initiatives in how muchever you can, if you can is the tone we should set in this forum!
longq
12-20 03:41 PM
Hello IV and its core members,
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
ujjwal_p
06-05 03:38 PM
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.
I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.
I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.
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