gc_on_demand
11-12 03:24 PM
Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(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) and (b) 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.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(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) and (b) 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.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
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abc
11-17 12:34 PM
How long can we keep our career on hold..
I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.
Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.
What do you think?
I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.
Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.
What do you think?
rajuram
01-28 12:19 PM
thanks for your reply and clarifications. what you say is correct. I would like to request that if there are regular "positive" posts by the core group in public forums, then it will go a long way in keeping our community motivated.
i hear a lot of complaints from you and i do understand your frustration.
i also seem to realize that you want a lot and are holding on to anything you might give in return.
work like lobbying is done in the background- and you seem to know that. it is not the time to send web faxes. last time an update came there was a war here, and there has been an iv newsletter in the new year. unnecessary information provided publicly can backfire on us in the worst way possible. incidentally you are further wrong- lawmaker contacts are taking place and updates are being given- in the state chapters. repeatedly, members have been begged top join a state chapter, or if one does not exist, to help start it. have you joined one? i humbly suggest you do. you may see a lot more action there- and maybe actually do something, rather than constantly whining here that no one is updating you. in our state chapter teleconference an iv core member updated us. subsequently another core member has posted mails on the group with advice and suggestions and resources.
i hate writing posts like this or even responding to posts like this. please understand that people like me who are trying to get things moving are as frustrated as you are, because we can't get enough support.
we are not iv core. and they have full time jobs and families. still, they are traveling, contacting lawmakers, helping and updating state chapters and coordinating with lobbyists and friendly organizations, getting prepared for upcoming legislative action.
if your $20 is dependent on their making more time for you, WITHOUT you making any time for iv except to complain, then maybe it's best in your pocket. you seem to forget, and i have said this before, it's not iv as an organization that will derive any benefit from the money- it is YOU and ME and EVERY OTHER PERSON STUCK IN RETROGRESSION.
so please help yourself. this is not a free lunch. if your money is so valuable, make time. but do something- add members - and then, your complaints will begin to have some legitimacy in other's eyes. if you are doing all these things already, i apologize- but i doubt it- you would be complaining less once you understood how hard it really is to move people off their butts.
enough said and thanks for reading.
i hear a lot of complaints from you and i do understand your frustration.
i also seem to realize that you want a lot and are holding on to anything you might give in return.
work like lobbying is done in the background- and you seem to know that. it is not the time to send web faxes. last time an update came there was a war here, and there has been an iv newsletter in the new year. unnecessary information provided publicly can backfire on us in the worst way possible. incidentally you are further wrong- lawmaker contacts are taking place and updates are being given- in the state chapters. repeatedly, members have been begged top join a state chapter, or if one does not exist, to help start it. have you joined one? i humbly suggest you do. you may see a lot more action there- and maybe actually do something, rather than constantly whining here that no one is updating you. in our state chapter teleconference an iv core member updated us. subsequently another core member has posted mails on the group with advice and suggestions and resources.
i hate writing posts like this or even responding to posts like this. please understand that people like me who are trying to get things moving are as frustrated as you are, because we can't get enough support.
we are not iv core. and they have full time jobs and families. still, they are traveling, contacting lawmakers, helping and updating state chapters and coordinating with lobbyists and friendly organizations, getting prepared for upcoming legislative action.
if your $20 is dependent on their making more time for you, WITHOUT you making any time for iv except to complain, then maybe it's best in your pocket. you seem to forget, and i have said this before, it's not iv as an organization that will derive any benefit from the money- it is YOU and ME and EVERY OTHER PERSON STUCK IN RETROGRESSION.
so please help yourself. this is not a free lunch. if your money is so valuable, make time. but do something- add members - and then, your complaints will begin to have some legitimacy in other's eyes. if you are doing all these things already, i apologize- but i doubt it- you would be complaining less once you understood how hard it really is to move people off their butts.
enough said and thanks for reading.
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nomi
12-12 04:59 PM
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
more...
pkak
07-13 06:00 PM
All the data shows that we have 20K EB2 I/C with PD before 6/1/2006, and it is comparable with the unused 20K quota from EB1 and EB2-ROW. As stated by Openhemer, the 2 year jump is due to the spillover of 20K to EB2 instead of EB3-ROW and there will NOT be any significant retrogression in Oct. However, a petition is being organized in this forum to stopping this spillover. Only if the petition succeed, we will see EB2 date goes back to 2004.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
kaisersose
07-24 02:05 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
more...
kumar1
12-10 01:57 PM
Why are you jumping like s stupid dog? Please explain.
and EB2-India by a month; yaaaaay :)
and EB2-India by a month; yaaaaay :)
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newuser
03-12 08:34 AM
Disappointed and hope the bench sitters will start reaching out the law makers
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DDD
03-14 12:06 AM
If ya'll do like a character model contest next time, I think I will be in. But we will need like a 4 week due date...lol. Good job all.
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bang
03-08 10:17 PM
Please let me know who wants to travel .. i can book a ticket for you ... please reply with your details i will contact you
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vicky007
04-26 02:50 PM
Guys,
I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.
Regards.
I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.
Regards.
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amitjoey
01-18 11:47 AM
Thanks IV core group. Signed up for $20/month. Please continue your efforts.
I am from Chinese community and registered IV just a couple of week ago. There was no email message to me regarding this movement, and some other registerd users may encounter the same situation. You may need to resend them. Only when I opened IV website yesterday did I know this recurring program and current situation. I am assuming IV is the only group who are pushing to get the I-485 relief for high skilled workers with advanced degree. There are MANY MANY Chinese in the same situation but I guess there might not have so many Chinese in IV. IV core group may think of some better way to reach more Chinese or other people. Basically, we are on the same boat for the same direction. Better to concentrate all resources to reach one goal. I would suggest IV to setup a seperate Chinese (and Hispanic) contribution page to diverse the culture background of IV members.
Subscription Payment Sent (ID #2PX91085T34540611)
In reference to:S-19881018DS353430X
Core can help, PM one of the core members. You could help IV by leading this effort.
I am from Chinese community and registered IV just a couple of week ago. There was no email message to me regarding this movement, and some other registerd users may encounter the same situation. You may need to resend them. Only when I opened IV website yesterday did I know this recurring program and current situation. I am assuming IV is the only group who are pushing to get the I-485 relief for high skilled workers with advanced degree. There are MANY MANY Chinese in the same situation but I guess there might not have so many Chinese in IV. IV core group may think of some better way to reach more Chinese or other people. Basically, we are on the same boat for the same direction. Better to concentrate all resources to reach one goal. I would suggest IV to setup a seperate Chinese (and Hispanic) contribution page to diverse the culture background of IV members.
Subscription Payment Sent (ID #2PX91085T34540611)
In reference to:S-19881018DS353430X
Core can help, PM one of the core members. You could help IV by leading this effort.
more...
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Life2Live
07-09 04:05 PM
Hatz off to that lady... Lot of us are still thinking to fill law-suit against USCIS/DOS.... We should act fast now and file law-suit rather than just waiting and discussing here. I felt bad some people even asked when will be outcome of that law-suit....That clearly tells you are going to wait till the out come of it and you will file law-suit....
Weird........Weird...Weird
Weird........Weird...Weird
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varshadas
01-22 12:31 PM
Has anyone called the Senator's office yet to schedule an appt. If not, then I will go ahead and call. I am planning to call the NY senators too
Thanks,
Varsha
Thanks,
Varsha
more...
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gc28262
03-11 07:49 AM
For me, I am like everyone else on the forum. I want my GC now :D
The point I am making is we are all enthusiastic members willing to do whatever is needed to achieve our goals. However if our actions cause more hardship for us, I am against it.
We need to pursue our interests at the right time. IV core has counsel to advise them regarding strategy and timing. We should make use of that resources for deciding the right timing.
I believe whoever opposes immigration in this country are racists. This country being made up of immigrants, nobody has the moral right to oppose immigration. unfortunately we have a populist, immature president in the office. Anti-immigrants are taking advantage of that. Mr Change is interested in millions of prospective votes from illegal immigrants only. Despite being Harvard educated, he doesn't have any sympathy for us.
The point I am making is we are all enthusiastic members willing to do whatever is needed to achieve our goals. However if our actions cause more hardship for us, I am against it.
We need to pursue our interests at the right time. IV core has counsel to advise them regarding strategy and timing. We should make use of that resources for deciding the right timing.
I believe whoever opposes immigration in this country are racists. This country being made up of immigrants, nobody has the moral right to oppose immigration. unfortunately we have a populist, immature president in the office. Anti-immigrants are taking advantage of that. Mr Change is interested in millions of prospective votes from illegal immigrants only. Despite being Harvard educated, he doesn't have any sympathy for us.
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mirage
02-07 06:17 PM
If you remove country quota, the system should work in FIFO order, First in First out, it will not differentiate if you are from India, China or Nepal.
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
more...
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07-31 03:18 PM
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go_gc_way
12-30 04:52 PM
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vandanaverdia
09-11 12:36 PM
GET UP!!!
STAND UP FOR YOUR RIGHTS!!!!
Come to DC... lets get together & let our voices be heard!!!
STAND UP FOR YOUR RIGHTS!!!!
Come to DC... lets get together & let our voices be heard!!!
user1205
08-15 05:20 PM
Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!
I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!
jthomas
06-01 10:31 PM
I passed that CBP checkpoint twice when I went to San Diego and twice, I wasn't inspected. Both times, I have no immigration documents with me but my CA Driver's License.
May I ask, do you happen to have out of state licence plate?
Yes, I live in orange county, CA and used to travel to san diego every weekend. I never carried any immigration document even now in my car.
May I ask, do you happen to have out of state licence plate?
Yes, I live in orange county, CA and used to travel to san diego every weekend. I never carried any immigration document even now in my car.
