reddymjm
05-15 04:12 PM
This guy manhandled his wife and was in the jail for one day. Read his previous post in this forum. Why you are so compassanate for a women beater. ?. Now he want to marry another women. Who knows he will do same thing to her also?. Munna Bhai read his post and comment. IV is for good cause; not for people with criminal behaviour.
Good catch.
Good catch.
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malaGCPahije
07-25 11:07 AM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
I met a guy yesterday who applied for GC in 1998. EB3-I. Has not got his GC yet. You would expect him to feel worse than what you feel. But he was completely relaxed. Reason, he does not expect his GC anymore.
Be happy that your PD is going to be current. But remove any expectation. If you get the GC, enjoy and party. If you do not, you will get it soon sometime later. Once the expectation of something is out, you will suffer less.
I met a guy yesterday who applied for GC in 1998. EB3-I. Has not got his GC yet. You would expect him to feel worse than what you feel. But he was completely relaxed. Reason, he does not expect his GC anymore.
Be happy that your PD is going to be current. But remove any expectation. If you get the GC, enjoy and party. If you do not, you will get it soon sometime later. Once the expectation of something is out, you will suffer less.
lazycis
12-18 10:49 AM
All you need to send is a letter saying that you invoked AC 21; also attach supporting documents, i.e. employment offer from your new employer describing job title, duties and salary and stating that employer intends to hire you permanently after you receive GC; documentation showing that your I-485 has been pending 180 days or more before you've changed jobs.
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gk_2000
07-28 08:08 PM
Guys
I wonder if and why IV missed a chance to push our questions into this forum. Please take a look, from whitehouse website:
What You Missed: Open for Questions Roundtable on Comprehensive Immigration Reform | The White House (http://www.whitehouse.gov/blog/2010/07/02/what-you-missed-open-questions-roundtable-comprehensive-immigration-reform#vseek525)
I wonder if and why IV missed a chance to push our questions into this forum. Please take a look, from whitehouse website:
What You Missed: Open for Questions Roundtable on Comprehensive Immigration Reform | The White House (http://www.whitehouse.gov/blog/2010/07/02/what-you-missed-open-questions-roundtable-comprehensive-immigration-reform#vseek525)
more...
dante1271
08-27 09:51 PM
thank you for the effort of finding me a sponsor...:)
There are thousands of IV members in CA. Please book your tickets now. Yes, it is thousands of miles to DC and on a work day too but as I said we have one chance to voice our concerns. We are not going to get another chance like this anytime soon. It looks like we might have to fly in a few hundred people because DC appears to be sleeping.
Come on California. Submit your vacation requests now. Book your tickets. Fly on Monday night and fly back on Tuesday night if need be. There are a few people already doing this. Make your contribution. Act now.
There are thousands of IV members in CA. Please book your tickets now. Yes, it is thousands of miles to DC and on a work day too but as I said we have one chance to voice our concerns. We are not going to get another chance like this anytime soon. It looks like we might have to fly in a few hundred people because DC appears to be sleeping.
Come on California. Submit your vacation requests now. Book your tickets. Fly on Monday night and fly back on Tuesday night if need be. There are a few people already doing this. Make your contribution. Act now.
viveckj99
08-20 02:04 PM
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
EAD for me, wife and son.. No signs of approval yet
Hi,
I filed EAD for me and my wife online on July 08.
FP: Aug 02,2008
LUD:Aug 05,2008
still showing pending status.
EB3
FP : Aug 1, 2008
LUD on AUG 3, 2008
EAD for me, wife and son.. No signs of approval yet
Hi,
I filed EAD for me and my wife online on July 08.
FP: Aug 02,2008
LUD:Aug 05,2008
still showing pending status.
EB3
more...
lca2004
04-02 05:10 PM
sent both
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rockstart
04-21 03:13 PM
Trust me there is no way you can sell a diploma as equivalent to degree program. I mean all people can do is if they have 3 Yr BSc + 2 Yr MSc they can hope that CIS accepts it as equal to 4 Yr BS degree. I have seen cases of AMIE candidates rejected stating that US does not recognize AMIE. Now in these two cases atleast their home countries recognize their degrees, In your case India govt will also classify you as diploma holder and not degree holder. Also how can you add 1st year BCom with Hotel Management diploma I mean they are 2 completely different streams?
Here is a solution that I would have done if I was in your shoes. If you have enough time on your H1 then please enroll into a community college or University and try to get a US bachelor degree. I am sure your diploma will help you to get waiver for some courses so that will save time. Also taking evening classes will let you keep your current job. I know it is tough but that is pretty much the best alternative you have. USCIS has clearly stated that your diploma is not equivalent to US degree. I mean even the best evaluation agency can do is compare India degree program to US degree program how can you compare diploma to degree
HI
The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.
I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.
Here is a solution that I would have done if I was in your shoes. If you have enough time on your H1 then please enroll into a community college or University and try to get a US bachelor degree. I am sure your diploma will help you to get waiver for some courses so that will save time. Also taking evening classes will let you keep your current job. I know it is tough but that is pretty much the best alternative you have. USCIS has clearly stated that your diploma is not equivalent to US degree. I mean even the best evaluation agency can do is compare India degree program to US degree program how can you compare diploma to degree
HI
The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.
I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.
more...
gcseeker2002
01-30 07:10 AM
Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?
where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?
My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.
So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .
please help already buyed tickets from lufthansa website. non refundable ticket. before that one time i cancelled ticket. airport transit visa shall we apply by post/mail ? in person cant go because very far totally 30 hors drive that too with infant driving not possible . please help ?
While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?
Please reply soon . I really appriciate you . Thank You.
I went to India in 1st week of Dec and returned Jan 1st through Lufthansa(Frankfurt), and both ways, no transit visa was asked for or checked for either before boarding/check-in or in Frankfurt. On the way to India, they just make sure you have a Indian visa(or passport) and on way back, they just check if you have US visa(or AP). Don't worry too much, believe me, it is more of an embarrasment for Lufthansa ,in front of several hundreds of travellers, to deny boarding to someone without transit visa. If they do it, they know they would get free negative publicity that would erode their traveller base for years .
where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?
My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.
So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .
please help already buyed tickets from lufthansa website. non refundable ticket. before that one time i cancelled ticket. airport transit visa shall we apply by post/mail ? in person cant go because very far totally 30 hors drive that too with infant driving not possible . please help ?
While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?
Please reply soon . I really appriciate you . Thank You.
I went to India in 1st week of Dec and returned Jan 1st through Lufthansa(Frankfurt), and both ways, no transit visa was asked for or checked for either before boarding/check-in or in Frankfurt. On the way to India, they just make sure you have a Indian visa(or passport) and on way back, they just check if you have US visa(or AP). Don't worry too much, believe me, it is more of an embarrasment for Lufthansa ,in front of several hundreds of travellers, to deny boarding to someone without transit visa. If they do it, they know they would get free negative publicity that would erode their traveller base for years .
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gbof
11-03 04:26 PM
Keep your frustrations on hold...Why should my above post deserve red. People out to give 'red' learn the basics of public forum
more...
micofrost
06-02 02:07 PM
Two from our family.
Called up the 202... .... number. Got fwded to Senator Boxter's office. Although she isn't a supporter yet, but talked to her office and left a message for the Senator asking for her support.
thx
Called up the 202... .... number. Got fwded to Senator Boxter's office. Although she isn't a supporter yet, but talked to her office and left a message for the Senator asking for her support.
thx
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walking_dude
11-22 11:02 AM
- What does corruption-back-home has to do with it? There is a more open political discourse here. We should either participate and let them know what we want, or they will do whatever they want ( like they tried to reduce EB quota to 90,000 in the last CIR).
- I have been to many lawmaker Offices in Michigan, I have visited several lawmaker offices in DC (both in and out of Michigan). Over that, I went and testified before MI Senate Transportation committee when they were denying Driving Licences to all foreign workers.
If you think they delayed your EAD for 120 days, why do you think they approved mine in 2 months flat, for full 2 years, even synchronizing the expiry date of the EAD with the validity of the new one (meaning, I didn't lose a single day)? May be they were angry that you weren't trying hard enough? :-)
They don't control your life dude, unless you let them control it. We won't progress much unless we get over the habit of feeling scared at our own shadows.
- Who's is talking about the USCIS here? The topic here is approaching the lawmakers. Transparent or not, didn't we convince them to give us 2 year EADs or not? Did you see AILA or Compete America do it for us? No, we did it ourselves as a community.
- Frankly speaking most Americans support Immigrants. Otherwise why do you think Obama won the election, despite clearly supporting the CIR in public, where as Tom Tancredo couldn't get pass round one of the presidential primaries, and no one even heard about Duncan Hunter another hero of the immigrants.
I agree, these anti-immigrants are vocal. But they are a minority. What they lack in numbers, they try to make up in decibels (volume). Their intent is to scare immigrants off America by making loud noises, the way KKK tried to scare African-Americans from voting by burning crosses, hanging nooses and such scare tactics.
- I don't buy your theory that folks here are afraid to march for their rights. In a few more months thousands of "illegal" immigrants will be marching in the streets of DC, risking getting deported if caught. They have done it before, they got Obama elected and they'll march again.
While legal immigrants lose sleep over getting EAD denied for posting on IV. What kind of a bizzaro world we are living in?
- I have already made the relevant points. If we are so risk aversive we should have stayed Home, meaning our home countries. Why did we take the risk of our planes getting hit by lightning or sucked into a storm? Or some Immigration or custom officer going crazy and packing us off to Guantanamo Bay?
A question to all EB immigrants - When will we give up our mental slavery?
-Many in the immigrant community come from countries where corruption is endemic.
-USCIS controls our economic freedom, movement, where we work and reside, and if we "rock the boat" our file might be "deep-sixed" and we would have no recourse. Who knows, a petty officer could browse a news group, read this and sick Home land security goons me. I would never know why. We don't all have the resources to hire powerful lawyers and fight for a couple years. Did they take 120 days to renew my EAD because I visited my congressional representative's staff? Maybe.
-"Transparent" and "accountable" are words not often used to describe USCIS and her parent Homeland Security. But they do have complete authority over our lives. Kafka could write a book! (Oh, he did.)
-Many Americans are now afraid to join political protests for fear of being arrested and hence losing their job, etc. Why should immigrants be more politically active than Americans? They are publicly targeted by politicians as causing all the problems in the land (Tancredo for example) with out any serious rebuke. In my country Tancredo saying things he's said would have been considered a hate crime.
-There are many Americans (even level headed ones) that do not believe that immigrants have any right to push for change in US policy. Regardless of whether it is change for the better, and there is no other constituency to demand improvements. The argument goes that regardless of the request, if you don't like it you should go home. (Of course the answer is to flip it and say: should Americans be treated poorly when living in my country? Sheepish looks ensue...)
-Depending upon your level of risk aversion, it is often rational for the immigrant (who's stay is tenuous) to stay home and be "good" which means pliant.
In summary, the US scares the freak'n crap out of a lot of people. And so they "behave" as best they can. This should not be a revelation to the staffers.
I don't agree that we should be pliant. We should be in their face because they deserve it.
As for me, I've come to the point that I think being kicked out of the US would be like getting fired from a crappy job I didn't have the guts to quit. :D
- I have been to many lawmaker Offices in Michigan, I have visited several lawmaker offices in DC (both in and out of Michigan). Over that, I went and testified before MI Senate Transportation committee when they were denying Driving Licences to all foreign workers.
If you think they delayed your EAD for 120 days, why do you think they approved mine in 2 months flat, for full 2 years, even synchronizing the expiry date of the EAD with the validity of the new one (meaning, I didn't lose a single day)? May be they were angry that you weren't trying hard enough? :-)
They don't control your life dude, unless you let them control it. We won't progress much unless we get over the habit of feeling scared at our own shadows.
- Who's is talking about the USCIS here? The topic here is approaching the lawmakers. Transparent or not, didn't we convince them to give us 2 year EADs or not? Did you see AILA or Compete America do it for us? No, we did it ourselves as a community.
- Frankly speaking most Americans support Immigrants. Otherwise why do you think Obama won the election, despite clearly supporting the CIR in public, where as Tom Tancredo couldn't get pass round one of the presidential primaries, and no one even heard about Duncan Hunter another hero of the immigrants.
I agree, these anti-immigrants are vocal. But they are a minority. What they lack in numbers, they try to make up in decibels (volume). Their intent is to scare immigrants off America by making loud noises, the way KKK tried to scare African-Americans from voting by burning crosses, hanging nooses and such scare tactics.
- I don't buy your theory that folks here are afraid to march for their rights. In a few more months thousands of "illegal" immigrants will be marching in the streets of DC, risking getting deported if caught. They have done it before, they got Obama elected and they'll march again.
While legal immigrants lose sleep over getting EAD denied for posting on IV. What kind of a bizzaro world we are living in?
- I have already made the relevant points. If we are so risk aversive we should have stayed Home, meaning our home countries. Why did we take the risk of our planes getting hit by lightning or sucked into a storm? Or some Immigration or custom officer going crazy and packing us off to Guantanamo Bay?
A question to all EB immigrants - When will we give up our mental slavery?
-Many in the immigrant community come from countries where corruption is endemic.
-USCIS controls our economic freedom, movement, where we work and reside, and if we "rock the boat" our file might be "deep-sixed" and we would have no recourse. Who knows, a petty officer could browse a news group, read this and sick Home land security goons me. I would never know why. We don't all have the resources to hire powerful lawyers and fight for a couple years. Did they take 120 days to renew my EAD because I visited my congressional representative's staff? Maybe.
-"Transparent" and "accountable" are words not often used to describe USCIS and her parent Homeland Security. But they do have complete authority over our lives. Kafka could write a book! (Oh, he did.)
-Many Americans are now afraid to join political protests for fear of being arrested and hence losing their job, etc. Why should immigrants be more politically active than Americans? They are publicly targeted by politicians as causing all the problems in the land (Tancredo for example) with out any serious rebuke. In my country Tancredo saying things he's said would have been considered a hate crime.
-There are many Americans (even level headed ones) that do not believe that immigrants have any right to push for change in US policy. Regardless of whether it is change for the better, and there is no other constituency to demand improvements. The argument goes that regardless of the request, if you don't like it you should go home. (Of course the answer is to flip it and say: should Americans be treated poorly when living in my country? Sheepish looks ensue...)
-Depending upon your level of risk aversion, it is often rational for the immigrant (who's stay is tenuous) to stay home and be "good" which means pliant.
In summary, the US scares the freak'n crap out of a lot of people. And so they "behave" as best they can. This should not be a revelation to the staffers.
I don't agree that we should be pliant. We should be in their face because they deserve it.
As for me, I've come to the point that I think being kicked out of the US would be like getting fired from a crappy job I didn't have the guts to quit. :D
more...
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DSLStart
08-09 09:17 AM
Read question no. 13
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
Attorneys will obviously give this kind of answer because their loyalty is to their client which is the employer who gives them their revenue. So they'll answer which would be in favor of their client. Inspite of several questions of this kind on her forum she or any of her attorneys have not cited a single example of anyone running into trouble on this issue.
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
Attorneys will obviously give this kind of answer because their loyalty is to their client which is the employer who gives them their revenue. So they'll answer which would be in favor of their client. Inspite of several questions of this kind on her forum she or any of her attorneys have not cited a single example of anyone running into trouble on this issue.
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kc_p21
02-25 06:15 PM
I did see LUD on 2/24/09 for my I485 application. But there is no activity on my wife's application even though they had received it on the same day.
more...
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sunny1000
02-08 05:28 PM
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
Please send the letter to WH if not already. As lasantha said, filing for I-485 when PD is not current is something IV is taking up with the administration. But, we need to get more letters to support our argument that this systemic dysfunction at USCIS is widespread and is affecting tens of thousands of people and not just a mere 1200 (that is the letters total so far and 10% of that comes from needhelp's efforts:))
Please send the letter to WH if not already. As lasantha said, filing for I-485 when PD is not current is something IV is taking up with the administration. But, we need to get more letters to support our argument that this systemic dysfunction at USCIS is widespread and is affecting tens of thousands of people and not just a mere 1200 (that is the letters total so far and 10% of that comes from needhelp's efforts:))
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smmakani
03-26 04:37 PM
I have already sheduled a meeting on April 6with one of congressman in minneapolis to whom you also contacted to seek appointment. Lets go together. Please send me PM.
Thanks,
Shakil
Thanks,
Shakil
more...
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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)
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pointlesswait
01-04 09:27 AM
well..if he converts to a Mormon and moves to Iowa..he can have many wifes:D
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ngopikrishnan
08-19 08:32 PM
Can someone please post a sample employment verification letter? Thanks!
priya34
10-11 04:25 PM
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
GCaspirations
10-04 03:51 PM
Did anyone transferred from NSC to CSC and back got FP notice?
http://immigrationvoice.org/forum/showthread.php?t=14143&highlight=transfer
http://immigrationvoice.org/forum/showthread.php?t=14143&highlight=transfer
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