jkays94
07-10 02:39 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
wallpaper Poor old Prince Harry took a
addsf345
12-10 07:49 PM
you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US
don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?
Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?
Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.
Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.
Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?
Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.
don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?
Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?
Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.
Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.
Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?
Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.
arsh007
02-01 11:38 AM
Looks like there is now an increasing awareness of how Desi Consulting companies are bringing in a bad name to the entire desi population in this country.
Found this email from Google H-1B Group: from
infoprovider_ 2 at yahoo dot com.
Hi,
I would like to inform you about the large scale fraud going in the
technology world today in USA. I know of many small-mid sized IT
consultancies in US, which are founded by Indians. They recruit people
(1) with degrees from various fields, most of the candidates recruited
don't ever have any experience in computers. They train them in some
tools (2) and change the resume totally (3), someone who has knowledge
relevant to the job takes the interview instead of the actual candidate
and they get placed. Ironically, even though these jobs advertisements
say that around 5 years of experience is required, usually someone with
not so high aptitude and limited trainig in that parituclar tool (2)
can manage to sustain in that position, this is very real, these jobs
can be done that way. They manage to get jobs in the biggest of US
companies (4).
This consultancy fraud is know to almost every Indian working in the
technology sector. The consultancies almost don't take any one other
than from India and surronding countires like Bangladesh, Srilanka. 99%
of those i have seen are from India and the remaining 1% from
Bangladesh, Srilanka etc.
How many are doing this?
I believe there would be atleast a few thousands of consultancies.
Wanna find them? SOme of them advertise in Indian content sites such as
sulekha.com. Look at the right hand side of the page
classifieds. sulekha.com
Who is loosing due to this.
If this jobs can be done by someone with no experience in that
technology, can't these be done by those americans who have a better
experience (say 2 years or even 1 year), these folks work sincerely and
go with correct resumes get X dollars where as the fraudsters get 3X -
5X dollars.
I don't say that every one from India are doing this. But a significant
many are doing this. I know around 30 people working in US in
technology sector. Over 20 are working this way. I can confidently say
hundreds of thousands are doing this today and each year at least 50000
(from student pool, dependents pool, directly coming to the
consultancies as H1b workers from India) are joining them. Also, I am
talking about the small to mid sized (1- 1000 people) consultancies not
the big Indian consultancies such as Infosys and TCS.
Solution:
A lot of things can be done. But the simple thing that's easy to
implement by the americans and thus not impede their productivity by
spending too much resources in verifying the authenticity is this
Let the INS provide the details of the H1b holders to the companies
when asked by the companies only (this is similar to letting others
e.g., housing provider, know about one's credit history). So, with the
applicants SSN the companies can see the basic information like when
the applicant has got his H1b approved and the resume submitted by the
applicant with his H1b application (usually not many applicants give a
very wrong resume to the INS while applying for the H1b). This
eliminates almost all the cases of fraudsters (since they can't come to
US today, one or two years ago and say that I have been working here
for 5 years). This is one simple solution, easy to implement.
There are many othere solutions
(1) Whom do they usually recruit
Thousands of students come from India every year to pursue Masters
degree. They come to pursue Master's in various fields, the fields in
which they have done their bachelor's back in India. Only about a
quarter of them manage to get jobs in the fields in which they have
done their Master's as direct employees of the companies. The remaining
join these consultancies as they can easily get jobs through the
consultancies.
Dependents, mostly those who come as spouses (coming as wives). They
might have done some bachelors degree or Masters back in India in some
field. Many of them not in computers. They don't have any experience
there. They can easily be placed by the consultancies.
SOme others pay these consultancies for sponsoring H1b visa. Typically
the consultancies take the fee required for teh application and the
lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
with experience in IT in India. But significant number of the remaining
are not experienced. Recently I have seen people who have been to other
countries for their studies like Australia and Europe coming through
the consultancies this way. Even most of these guys have no experience
in IT, most experience in no field.
(2) Which technologies they work in
I have seen that the technologies they work in are in which the pay
rates are high (because of lack of skillful people) like SAP,
DataWarehousing tools. They also work in other fields like Testing etc.
There are literally hundreds of thousands of jobs in these fields.
(3) How much is the resume changed
They change the resume totally. Every resume says the person has worked
in US for over 4 years, doesn't matter if it is someone who came for
masters to US an year or two years ago or someone who very recently
came as a wife to someone.
All most everyone's resumes have over 5 years experience where as in
reality almost everyone don't have that much experience. If someone has
that much experience they wouldn't go through these consultants who
take a big fraction of the pay they get from the clients.
Can't it be detected?
No, in most cases its hard (expensive) for the recruiters (the clients)
to find the authenticity of the resumes submitted. There is no proof
that these resumes are authentic. Just in case some references are
needed the consultancies give a dummy reference, and some phone number
(they can ask some contacts, their acquiantainces working in some
companies to take the call,if at all they feel that the client will
find out from the phone number which company does this phone number
belongs to, but most of the client companies don't go that far too, so
a guy's mobile number who is working in the consultancy itself can be
given as referencees contact number). It is hard to remember the voice
by the interviewer after a few days of the intrview and usually these
candidates join at least after a week after taking the interview (even
if the candidate joins in 3 days, its hard to remember the voice as the
interviewer usually interacts with many people (particularly they being
in team lead or managerial positions)
(4) I personally know people working in Microsoft, IBM, TEK systems,
Cingular, Amazon, Accenture, Citigroup etc. This says such people are
working in almost every technology company in USA
So then, how is an American, like me, who spent tens of thousands of
dollars to get thru 3 yrs. in a technical school that ended with a
Bachelor degree in Science with Computer Information Systems, with
honors, supposed to get a job in the IT community while these
fraudulent (most likely illegal alien Indians) take the positions away
from me? I worked my a$$ off studying hard, working hard, worked at
the school, even took an extra course study in computer hardware
configurations, and STILL, these IT companies DON'T want to even speak
to me because they OUTSOURCE from these FRAUDS! How FAIR is
that???!!!
Found this email from Google H-1B Group: from
infoprovider_ 2 at yahoo dot com.
Hi,
I would like to inform you about the large scale fraud going in the
technology world today in USA. I know of many small-mid sized IT
consultancies in US, which are founded by Indians. They recruit people
(1) with degrees from various fields, most of the candidates recruited
don't ever have any experience in computers. They train them in some
tools (2) and change the resume totally (3), someone who has knowledge
relevant to the job takes the interview instead of the actual candidate
and they get placed. Ironically, even though these jobs advertisements
say that around 5 years of experience is required, usually someone with
not so high aptitude and limited trainig in that parituclar tool (2)
can manage to sustain in that position, this is very real, these jobs
can be done that way. They manage to get jobs in the biggest of US
companies (4).
This consultancy fraud is know to almost every Indian working in the
technology sector. The consultancies almost don't take any one other
than from India and surronding countires like Bangladesh, Srilanka. 99%
of those i have seen are from India and the remaining 1% from
Bangladesh, Srilanka etc.
How many are doing this?
I believe there would be atleast a few thousands of consultancies.
Wanna find them? SOme of them advertise in Indian content sites such as
sulekha.com. Look at the right hand side of the page
classifieds. sulekha.com
Who is loosing due to this.
If this jobs can be done by someone with no experience in that
technology, can't these be done by those americans who have a better
experience (say 2 years or even 1 year), these folks work sincerely and
go with correct resumes get X dollars where as the fraudsters get 3X -
5X dollars.
I don't say that every one from India are doing this. But a significant
many are doing this. I know around 30 people working in US in
technology sector. Over 20 are working this way. I can confidently say
hundreds of thousands are doing this today and each year at least 50000
(from student pool, dependents pool, directly coming to the
consultancies as H1b workers from India) are joining them. Also, I am
talking about the small to mid sized (1- 1000 people) consultancies not
the big Indian consultancies such as Infosys and TCS.
Solution:
A lot of things can be done. But the simple thing that's easy to
implement by the americans and thus not impede their productivity by
spending too much resources in verifying the authenticity is this
Let the INS provide the details of the H1b holders to the companies
when asked by the companies only (this is similar to letting others
e.g., housing provider, know about one's credit history). So, with the
applicants SSN the companies can see the basic information like when
the applicant has got his H1b approved and the resume submitted by the
applicant with his H1b application (usually not many applicants give a
very wrong resume to the INS while applying for the H1b). This
eliminates almost all the cases of fraudsters (since they can't come to
US today, one or two years ago and say that I have been working here
for 5 years). This is one simple solution, easy to implement.
There are many othere solutions
(1) Whom do they usually recruit
Thousands of students come from India every year to pursue Masters
degree. They come to pursue Master's in various fields, the fields in
which they have done their bachelor's back in India. Only about a
quarter of them manage to get jobs in the fields in which they have
done their Master's as direct employees of the companies. The remaining
join these consultancies as they can easily get jobs through the
consultancies.
Dependents, mostly those who come as spouses (coming as wives). They
might have done some bachelors degree or Masters back in India in some
field. Many of them not in computers. They don't have any experience
there. They can easily be placed by the consultancies.
SOme others pay these consultancies for sponsoring H1b visa. Typically
the consultancies take the fee required for teh application and the
lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
with experience in IT in India. But significant number of the remaining
are not experienced. Recently I have seen people who have been to other
countries for their studies like Australia and Europe coming through
the consultancies this way. Even most of these guys have no experience
in IT, most experience in no field.
(2) Which technologies they work in
I have seen that the technologies they work in are in which the pay
rates are high (because of lack of skillful people) like SAP,
DataWarehousing tools. They also work in other fields like Testing etc.
There are literally hundreds of thousands of jobs in these fields.
(3) How much is the resume changed
They change the resume totally. Every resume says the person has worked
in US for over 4 years, doesn't matter if it is someone who came for
masters to US an year or two years ago or someone who very recently
came as a wife to someone.
All most everyone's resumes have over 5 years experience where as in
reality almost everyone don't have that much experience. If someone has
that much experience they wouldn't go through these consultants who
take a big fraction of the pay they get from the clients.
Can't it be detected?
No, in most cases its hard (expensive) for the recruiters (the clients)
to find the authenticity of the resumes submitted. There is no proof
that these resumes are authentic. Just in case some references are
needed the consultancies give a dummy reference, and some phone number
(they can ask some contacts, their acquiantainces working in some
companies to take the call,if at all they feel that the client will
find out from the phone number which company does this phone number
belongs to, but most of the client companies don't go that far too, so
a guy's mobile number who is working in the consultancy itself can be
given as referencees contact number). It is hard to remember the voice
by the interviewer after a few days of the intrview and usually these
candidates join at least after a week after taking the interview (even
if the candidate joins in 3 days, its hard to remember the voice as the
interviewer usually interacts with many people (particularly they being
in team lead or managerial positions)
(4) I personally know people working in Microsoft, IBM, TEK systems,
Cingular, Amazon, Accenture, Citigroup etc. This says such people are
working in almost every technology company in USA
So then, how is an American, like me, who spent tens of thousands of
dollars to get thru 3 yrs. in a technical school that ended with a
Bachelor degree in Science with Computer Information Systems, with
honors, supposed to get a job in the IT community while these
fraudulent (most likely illegal alien Indians) take the positions away
from me? I worked my a$$ off studying hard, working hard, worked at
the school, even took an extra course study in computer hardware
configurations, and STILL, these IT companies DON'T want to even speak
to me because they OUTSOURCE from these FRAUDS! How FAIR is
that???!!!
2011 to find Prince Harry
krupa
07-25 03:57 PM
If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.
more...
Jaime
09-11 05:26 PM
You've worked hard for what you have! VERY HARD!!!! Remember the grueling exams and study back home to be the best and get to the U.S. Remember your sufferin, hard study and hard work once in the U.S. to be the best and contribute to this country!
Don't let the Reverse Brain Drain suck you in!!!!
Don't let the Reverse Brain Drain suck you in!!!!
BharatPremi
07-10 12:28 AM
Whether they are smart people or not, a future department of justice investigation will find out.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
No, it will be very difficult for them to follow this as non filers or filers after 5th would come with the arguments like we were still respecting USCIS's published notice and so we did not file (non filers) and others would come up with the argument that we decided to file with having clear understanding of its rejection as filers on 5th or before did so you (USCIS) cannot discriminate merely based upon filing date.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
No, it will be very difficult for them to follow this as non filers or filers after 5th would come with the arguments like we were still respecting USCIS's published notice and so we did not file (non filers) and others would come up with the argument that we decided to file with having clear understanding of its rejection as filers on 5th or before did so you (USCIS) cannot discriminate merely based upon filing date.
more...
gcisadawg
03-09 06:52 PM
Quick question guys :- My PD is feb 2008 and I140 was approved in july 08.
I also want to call my congessman, can you please tell what are the things you talk to them?
A brief guidance will help many others like me to make a call.
~
I asked our area congressman to inquire about pending I-140.
Instead, they inquired about pending I-485 and came back with a message saying" Sorry, you have to wait it out since your PD is light years away as compared to current EB3/I processing date"
I also want to call my congessman, can you please tell what are the things you talk to them?
A brief guidance will help many others like me to make a call.
~
I asked our area congressman to inquire about pending I-140.
Instead, they inquired about pending I-485 and came back with a message saying" Sorry, you have to wait it out since your PD is light years away as compared to current EB3/I processing date"
2010 Prince Harry Hits Big Apple
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!
more...
McLuvin
03-12 01:55 PM
finally the bulletin has been posted in the DOS website...
Visa Bulletin for April 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4747.html)
They have given a brief description about "BACKGROUND INFORMATION ON FREQUENTLY MISUNDERSTOOD POINTS"
Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, a significant amount of demand is received each month for applicants who have priority dates which are significantly earlier than the applicable cut-off dates. In addition, fluctuations in demand can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuance approaches the annual limitations.
Per-country limit: The annual per-country limitation of 7% is a cap which visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries. This limitation is not a quota to which any particular country is entitled, however.
Applicability of Section 202(a)(5): INA Section 202(a)(5), added by the American Competitiveness in the 21st Century Act, removed the per-country limit on Employment-based immigrants in any calendar quarter in which applicant demand for numbers in one or more Employment-based preferences is less than the total of such numbers available. In recent years, the application of Section 202(a)(5) has 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. Such numbers are provided strictly in priority date order without regard to the foreign state chargeability, and the same cut-off date applies to any country benefiting from this provision.
Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
Visa Bulletin for April 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4747.html)
They have given a brief description about "BACKGROUND INFORMATION ON FREQUENTLY MISUNDERSTOOD POINTS"
Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, a significant amount of demand is received each month for applicants who have priority dates which are significantly earlier than the applicable cut-off dates. In addition, fluctuations in demand can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuance approaches the annual limitations.
Per-country limit: The annual per-country limitation of 7% is a cap which visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries. This limitation is not a quota to which any particular country is entitled, however.
Applicability of Section 202(a)(5): INA Section 202(a)(5), added by the American Competitiveness in the 21st Century Act, removed the per-country limit on Employment-based immigrants in any calendar quarter in which applicant demand for numbers in one or more Employment-based preferences is less than the total of such numbers available. In recent years, the application of Section 202(a)(5) has 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. Such numbers are provided strictly in priority date order without regard to the foreign state chargeability, and the same cut-off date applies to any country benefiting from this provision.
Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
hair Prince Harry and on-off
techskill
08-15 02:33 PM
Nobody is waiting for it now.It is going to be 'U' for all.In fact i think everybody has forgotten about the visa bulletin. They are more worried about their checks being cashed and RDs.
more...
morchu
07-24 11:18 AM
There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.
hot Chelsy, Prince Harry#39;s on-off
NKR
09-19 02:50 PM
You seem to be in this forum accusing me of discussing in this forum?:mad:Great. Get real. If I talk about the facts, it means I am spreading fear? If I stop talking about it, then the situation will magically go away? Nostradamus? I am saying what is in the news. Looks like you are predicting that everything will be fine and rosy. It is a free country. You want to disagree with me go ahead. Don't tell me not to talk about it.
Don't be delusional. I will be happy if things work out well for us. And don't think not talking about the problem will some how make it go away.
The problems will always be there, if you do not have the same problems tomorrow, there will be new ones. Do we really want to talk of all the problems in this world?...
The weather outside is good, the sky is bright and clear, there is plenty of sunshine with some chill in the air, soon there will be fall colors, then we will have Christmas and new year, the house market will improve, my son will start speaking his first words�dude, if you look around there are lot of small things that can make you happy.
As if waiting for GC is not problematic enough, we have to put up with your �sky will fall� predictions.�.
Don't be delusional. I will be happy if things work out well for us. And don't think not talking about the problem will some how make it go away.
The problems will always be there, if you do not have the same problems tomorrow, there will be new ones. Do we really want to talk of all the problems in this world?...
The weather outside is good, the sky is bright and clear, there is plenty of sunshine with some chill in the air, soon there will be fall colors, then we will have Christmas and new year, the house market will improve, my son will start speaking his first words�dude, if you look around there are lot of small things that can make you happy.
As if waiting for GC is not problematic enough, we have to put up with your �sky will fall� predictions.�.
more...
house and Prince Harry,
mbawa2574
10-20 07:21 PM
You all have to look at this strategically. We all know at this stage of the election that Obama will likely win. We also know that congress is currently controlled by Democrats. If we have both congress and white house being controlled by democrats, then it is likely that we will have more things accomplished than if we have one party holding to one and another party holding to the other.
Forget the election rhetoric, Obama is not against legal immigrants (neither is McCain). At this stage, we have to look at the big picture which I just highlighted. What we should be working for right now (well I know we are not partisan) is for more democrats to win seats at the congressional and senate level so that bills that are pushed forward we have a better chance of passing and hopefully the ones that favor us and eliminate this backlog too.
So please you all should support Rick Norriega for TX senate (and all Democrat senatorial and congressional candidates) You can check out his immigration plan here http://www.ricknoriega.com/assets/img/immigration_plan.pdf
What say you??
Though I find a better friend in John McCain for our cause. Still I agree with you that It will be good if the same party controls the congress and has president.
Bills will have better chance of passing that way and our issues may get addressed. On Obama- He is in bed with Durban on employment based immigration. I have no hopes from him. Illegals will get green cards before us if Obama comes to power as it serves his redistribution of wealth formula and will be priority for him.
I will be really amazed if he does something for us.
McCain is friendly to legal immigrants, is for last low taxes and pro-business.
So careless what a blue collar guy loaded with debt thinks about Mccain, do what is good for you and the country you live in.
Forget the election rhetoric, Obama is not against legal immigrants (neither is McCain). At this stage, we have to look at the big picture which I just highlighted. What we should be working for right now (well I know we are not partisan) is for more democrats to win seats at the congressional and senate level so that bills that are pushed forward we have a better chance of passing and hopefully the ones that favor us and eliminate this backlog too.
So please you all should support Rick Norriega for TX senate (and all Democrat senatorial and congressional candidates) You can check out his immigration plan here http://www.ricknoriega.com/assets/img/immigration_plan.pdf
What say you??
Though I find a better friend in John McCain for our cause. Still I agree with you that It will be good if the same party controls the congress and has president.
Bills will have better chance of passing that way and our issues may get addressed. On Obama- He is in bed with Durban on employment based immigration. I have no hopes from him. Illegals will get green cards before us if Obama comes to power as it serves his redistribution of wealth formula and will be priority for him.
I will be really amazed if he does something for us.
McCain is friendly to legal immigrants, is for last low taxes and pro-business.
So careless what a blue collar guy loaded with debt thinks about Mccain, do what is good for you and the country you live in.
tattoo beaten by Prince Harry.
thirdworldman
02-16 07:13 PM
Eilsoe, nice render! :worried:
more...
pictures Prince Harry is on his way
mirage
02-06 03:32 PM
There can be several ways to deal with this and still get least opposition, I sent you a PM...That's absolutely true. Immigration quotas were originally designed to keep people out, which meant if you were a white, Western European come on in. If you were not, you need not apply. The per country limit was instituted to redress this issue and assure diversity in the immigration process. Eliminating the per country limit would require a massive paradigm shift, that in the end would only be more harmful to those groups who perceive a short term benefits.
dresses Prince Harry blamed his
ramus
07-02 10:44 PM
100 more from tapukakababa
Accept my $100 contribution towards USCIS lawsuit done by AILA.
Accept my $100 contribution towards USCIS lawsuit done by AILA.
more...
makeup Kiefer Sutherland#39;s recent
kumar1
12-11 12:05 PM
Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.
Compare that with US consulate and DOS VISA bulletin and GC process...
Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.
Compare that with US consulate and DOS VISA bulletin and GC process...
Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.
girlfriend Tryst with Prince Harry
rb_248
02-20 03:08 PM
Thats positive news. Thanks.
hairstyles Prince Harry#39;s ex Chelsy
nandakumar
11-21 02:30 AM
I also got a letter with same information.
Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
LONGGCQUE
06-10 03:59 PM
Just sent it Nebraska Senators
ItalySeAaTapki
03-07 01:12 PM
Attorneys make their living by scaring people. They may not always be sharper than an IT professional like you.
Rajiv had in one call said"I do not know why we are charging as much for such a simple thing. Unless there are complications, you can do it yourself"
Unless there are complications, look for good templates on immigration.com forums. You can as well spend that money on better things.
Rajiv had in one call said"I do not know why we are charging as much for such a simple thing. Unless there are complications, you can do it yourself"
Unless there are complications, look for good templates on immigration.com forums. You can as well spend that money on better things.
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