msp1976
12-20 05:17 PM
Hello IV and its core members,
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.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
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.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
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ujjvalkoul
06-26 02:31 PM
everyone I go to offers Digital Photos (ID PHotos)....my attorneys had said Digitals are not acceptable...but looks like that is all u can get nowadays...
BTW Costco is the cheapest!!!
BTW Costco is the cheapest!!!
andy garcia
12-30 01:04 PM
Longq,
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
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sku
12-18 07:32 PM
I filed my I-485 on 2nd July 2007, My 180 days completes on 29th Dec 2007
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
more...
sanbaj
07-23 10:09 AM
Congratulations!! Enjoy ur GC!!
Did you do anything to expedite interfiling to use new I-140 for your pending I-485?
THANKS Indyanguy and Pscdk !!
For expediting Interfiling, nothing in specific. I called USCIS 3-4 times and did one infopass visit. Everytime, the answer was same, "No Information". Few times it was difficult to explain to them what interfiling is. Then, I learnt to say "PD Amendment" (My lawyer used that term) with the two separate approved I140s. I called USCIS last Friday (Jul/18/2008), and they told me to wait 4-5 MONTHS. You can see how much off they are and IIO and IO work for the same USCIS. It is Ludicrous.
Best of Luck to you guys. Hope your GC is approved soon.
Did you do anything to expedite interfiling to use new I-140 for your pending I-485?
THANKS Indyanguy and Pscdk !!
For expediting Interfiling, nothing in specific. I called USCIS 3-4 times and did one infopass visit. Everytime, the answer was same, "No Information". Few times it was difficult to explain to them what interfiling is. Then, I learnt to say "PD Amendment" (My lawyer used that term) with the two separate approved I140s. I called USCIS last Friday (Jul/18/2008), and they told me to wait 4-5 MONTHS. You can see how much off they are and IIO and IO work for the same USCIS. It is Ludicrous.
Best of Luck to you guys. Hope your GC is approved soon.
Ram_C
11-26 01:04 PM
received my FP notice on saturday, scheduled to attend local ASC on Nov' 30th
more...
sushilup
02-17 06:35 PM
Grow up man...think before writing
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
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sam_hoosier
07-03 10:13 AM
Atty fees were paid by my employer; my out of pocket was approx. $ 500. However, the intangible cost (disappointment, having parents stand in a queue to get BC etc.) is far greater :(
more...
Lasantha
12-26 03:24 PM
It seems as per current DOS practice, the answer is yes. They will be issuing only 2800 EB2 visas per year to India and China. They will be issuing remaining unused visas by EB2-ROW to EB3-ROW.
So that means the unused Visa number flow "downwords" within the country category NOT "accross" the EB category.
So that means the unused Visa number flow "downwords" within the country category NOT "accross" the EB category.
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jsb
12-30 02:07 PM
I think the DHS-7001 form needs to be signed by the HR of your company.So I guess your company/lawyer will need to be involved.
No, that is not true. It has nothing to do with lawyers or the HR people. I-485 is YOUR filing (not of your employer's HR). By sending this you merely want to draw attention about something which you believe or hope should happen, and unless immediate attention is drawn you might suffer a loss (in this case, visas may be used up by others simply because someone did not care about your case, or just took the case to process and then went on long holiday etc. Such thing can happen and do happen particularly when paper files have to be worked with). Best...
No, that is not true. It has nothing to do with lawyers or the HR people. I-485 is YOUR filing (not of your employer's HR). By sending this you merely want to draw attention about something which you believe or hope should happen, and unless immediate attention is drawn you might suffer a loss (in this case, visas may be used up by others simply because someone did not care about your case, or just took the case to process and then went on long holiday etc. Such thing can happen and do happen particularly when paper files have to be worked with). Best...
more...
kannan
06-20 01:40 PM
My lawyer is asking 350 for EAD and 500 for AP for each person excluding filing fees.Is it normal.or Can I go to another lawyer for EAD and AP who is cheaper than my company lawyer.
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jonty_11
07-06 02:17 PM
We need someone to youtube this and help with the media campaign!
Can someone record and post this....?
Can someone record and post this....?
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eilsoe
02-03 06:24 AM
:phil: heehee...
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FinalGC
03-27 08:07 AM
Guys:
I am not sure if the PM and email from IV is working. I sent out 4-5 PM and emails to various members from MI and I have not got a single reply. Also I still have not got an email from Sanjay or Varsha. Also breddy2000's email also was not received.......I am not sure if something is down.
Please advise what is needed, otherwise I have a very crazy schedule next week and I will not be able to do anything.
Please email me at samuels@michigan.gov
Thanks
I am not sure if the PM and email from IV is working. I sent out 4-5 PM and emails to various members from MI and I have not got a single reply. Also I still have not got an email from Sanjay or Varsha. Also breddy2000's email also was not received.......I am not sure if something is down.
Please advise what is needed, otherwise I have a very crazy schedule next week and I will not be able to do anything.
Please email me at samuels@michigan.gov
Thanks
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inthehole
08-27 09:43 AM
SC: Nebraska
Renewal
RD: 06/16
FP: 07/11
RFE 07/30
RFE received 08/04
RFE response sent and received by uscis 08/07
Expedite request 08/15
Expedite request accepted 08/19
waiting...
.
.
.
.
Current EAD expires Sep 26
Renewal
RD: 06/16
FP: 07/11
RFE 07/30
RFE received 08/04
RFE response sent and received by uscis 08/07
Expedite request 08/15
Expedite request accepted 08/19
waiting...
.
.
.
.
Current EAD expires Sep 26
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illinois_alum
10-02 01:41 PM
I have it just says Texas Center....efile for AP seems to have many Texas offices in the drop down..which one to I choose..
Whcen I call USCIS 1800 number, they say that my case is pending in Mesquite, TX....and that does not show up in the Efile Drop Down.
--------------------
On May 29, 2009, we received your response to our request for evidence. This case is being processed at our TEXAS SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.---------------
-------------------------------------------
Mesquite means TEXAS SERVICE CENTER. Enter is exactly as I have here. If you look in the drop down list, there are multiple field offices for Texas but one TEXAS SERVICE CENTER
Whcen I call USCIS 1800 number, they say that my case is pending in Mesquite, TX....and that does not show up in the Efile Drop Down.
--------------------
On May 29, 2009, we received your response to our request for evidence. This case is being processed at our TEXAS SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.---------------
-------------------------------------------
Mesquite means TEXAS SERVICE CENTER. Enter is exactly as I have here. If you look in the drop down list, there are multiple field offices for Texas but one TEXAS SERVICE CENTER
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nag2007
12-05 05:38 PM
Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?
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looivy
08-15 12:34 PM
My application was sent to Vermont instead of Nebraska service center on July 2nd . I have not got any reciept number and lawyer is not confirming if the checks are cashed.
I am not sure what will happen to the application. Should I refile? The FAQ did say that they will forward it to correct Service center, but I don't have confidence in how they will handle it.
Should I refile?
I am not sure what will happen to the application. Should I refile? The FAQ did say that they will forward it to correct Service center, but I don't have confidence in how they will handle it.
Should I refile?
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sina
12-20 01:32 PM
No, only allows people on H4 for more than 6 years to get a H1B of their own for 6 years or until their spouses EAD/GC's arrive.
When you say 'no'...did you answer my question (If someone has already spent 6 years on H1B can he/she convert to H4 status?).
When you say 'no'...did you answer my question (If someone has already spent 6 years on H1B can he/she convert to H4 status?).
ilikekilo
01-09 12:49 PM
BUt keep in mind that when you enroll in a GROUP insurance which is typically your new insruance with you new company..most of the companies DONT have any restrictions on the pre existing condnitions, per my experience.
however if you buy a individual pocliy they will unload on you a TON of restrictions...no wonder why we see many old people working in Walmart and other places just for insurance..God save us when we get old :)
however if you buy a individual pocliy they will unload on you a TON of restrictions...no wonder why we see many old people working in Walmart and other places just for insurance..God save us when we get old :)
sandy_anand
11-25 06:42 PM
Thanks a million, core team, for the effort!!!!!! As many have already raised the issue, can you please clarify that core does indeed forecast a jump of nearly 3 years for EB-2 India between Jul-10 and Oct-10?
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