vbkris77
12-10 04:17 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
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wellwisher02
03-31 10:46 AM
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.
Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.
We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.
Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.
pani_6
01-03 02:54 PM
I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
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rajeev_74
04-25 05:41 PM
Go back and look at the forum postings. There are much more amenable and practical suggestions made. This PD thing doesn't pass the basic test: was there a precedence or prior history, can it be done and does it lessen the time for one to apply for I-485 and GC. Does it reduce backlog?
PD as the date of < insert whatever> doesn't pass this basic test.
I guess we can move on then...Thanks
PD as the date of < insert whatever> doesn't pass this basic test.
I guess we can move on then...Thanks
more...
NKR
06-25 03:38 PM
This is thread for What America is loosing...
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.
cjagtap
08-10 09:51 PM
any TSC receipts??????? mine was TSC -2 nd July..
more...
kumhyd2
07-10 01:21 AM
Is there a SoCal IV member list? Any one from San diego?
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kittu1991
03-03 07:45 PM
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Even if that is true EB3 row have to be current before EB3 I/C get spillover.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Even if that is true EB3 row have to be current before EB3 I/C get spillover.
more...
skv
06-18 11:17 AM
I am praying what u say is right!1111
Hope and wish your prayers will be answered. After we have waited long enough to have luck on our side this time !!! :-)
Hope and wish your prayers will be answered. After we have waited long enough to have luck on our side this time !!! :-)
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yabadaba
08-02 08:15 PM
Pappu...emailed it to u. Core IV let me knoe if u want it.
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pt326bc
10-01 12:26 PM
Last week I went to Trenton with H1 extension receipt (original), letter from employer, but in vain. They need approved docs. Luckily this week I got the H1 extended and today I carried the original approved H1 I-797A and got the DL extended. I got only 2 years H1/DL extension after 6 year completion with I-140 approved and 485 in progress. Fyi
Why 2 years and not 3 years when USCIS regulations allow for 3 year extension if I 140 is approved and PD is not current? Did you specifically request 2 years?
Regards.
Why 2 years and not 3 years when USCIS regulations allow for 3 year extension if I 140 is approved and PD is not current? Did you specifically request 2 years?
Regards.
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mallu
03-31 09:55 PM
.... We have NO RIGHTS WHATSOEVER to ask for that.
There may not be rights, but certainly immigrants can request law makers to deal with a dysfunctional organization like USCIS. And USCIS can be dragged to court via WOM and most of the time judges understand the immigrant situation and serve justice.
There may not be rights, but certainly immigrants can request law makers to deal with a dysfunctional organization like USCIS. And USCIS can be dragged to court via WOM and most of the time judges understand the immigrant situation and serve justice.
more...
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scorion
01-04 06:32 PM
I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
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gcwatchdog
11-06 01:05 PM
so If I don't work parttime but I want to start a LLC to hire some people and want to maintain my H1.........Is it possible ??????????
more...
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anandsubu74
02-12 02:55 PM
EB3/Nov 2003/NJ
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
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trueguy
02-26 12:01 PM
Forget about LIFO or FIFO, this year EB2 won't be getting enough visa's from spill-over. They would be giving majority of spill-over to EB3-ROW/I/C and EB2 would be getting very small fraction. And how's that is possible for that they would play around the law ( by making EB2 current).
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
more...
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Dhundhun
06-25 02:53 PM
I called Rep Lamar Smith office. The lady who picked up the phone asked me we are getting lot of calls. She asked me are you in supprot of the bill? I told her yes. I also told her that I am having master's degree from USA. My children are top student but may not get admission in some of NJ medical college just because we did not get GC since last 7 years. So we need help from Rep Lamar Smith to make USA more competitive. She also wanted to know that from where I was calling.
She told me that she will convey the message to Rep Lamar Smith.
This is thread for What America is losing... - corrected spelling
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
She told me that she will convey the message to Rep Lamar Smith.
This is thread for What America is losing... - corrected spelling
I find it out of context. Please elaborate - I feel some hiddem message is there - needs to clearly come out.
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sparklinks
08-10 12:58 PM
no receipts for me too :( r Williams 7:55am 07/02
i m going go drinking to drown my sorrows soon.
R Williams 7:55am 07/02, NO receipt either...:confused:
i m going go drinking to drown my sorrows soon.
R Williams 7:55am 07/02, NO receipt either...:confused:
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diptam
08-12 01:18 PM
I worked for a MNC here in first few yrs at US (from 2000) and they suck up your Tax return , used to give a worthless health insurance and 'sweat shop' ( this probably a worse word than 'chop shop') like allowance for 12-14 hrs of work . If you do NOT accept that or ASK QUESTION your flight tickets back to origin to will be arranged. I know these practices changed to some extent over a period of time but by that time I left them and started doing things on my own ... :) and i'm very happy since then.
Another thing , I worked for good but medium sized consulting firms with US after leaving those shops ( sweat/chop/body whatever kind u call them) and they do maintain perfect balance - hardly 30-40% is H1B - they pay market salary to the H1B's ,standard health insurance , always got paid if i worked beyond 8-9 hrs ...
Lot of folks are like me within the community ...
Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.
Another thing , I worked for good but medium sized consulting firms with US after leaving those shops ( sweat/chop/body whatever kind u call them) and they do maintain perfect balance - hardly 30-40% is H1B - they pay market salary to the H1B's ,standard health insurance , always got paid if i worked beyond 8-9 hrs ...
Lot of folks are like me within the community ...
Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.
rmutyala
07-20 11:03 AM
Webb (D-VA), Nay :(
The guy who defeated George Allen, (remember the Macaca slur?)
The guy who defeated George Allen, (remember the Macaca slur?)
gc28262
08-12 11:40 AM
He has already been able to pass the law. Now whether he calls them chopshop or backtracks, or praises them.......it does not do anything. This will soon be a law.
By the very nature of this senator, he didn't even have to rephrase it. If he did that, there is a reason for it.
By the very nature of this senator, he didn't even have to rephrase it. If he did that, there is a reason for it.
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