abhishek101
03-12 11:27 AM
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
cmphr, kumarc123,
I have one question for you why are you visiting IV website, you have nothing better to do?
First of all IV is not forcing you or any body to come here on the website. If you have issues you are most welcome to stop coming to the website.
SO STOP BROWSING IV, you are waisting our precious bandwidth ( for which we have to pay) because you can only shout rather than doing anything constructive.
We can make sure your account gets deleted from the website and records and you are banned from the place.
Actually we as a community are better off if we can get rid of people like you.
Pappu really does not owe anything to any of you actually you owe a lot of money to him. He spends his precious time giving you updates and you only can act as an A**.
I would highly recommend to ban people like you .
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
cmphr, kumarc123,
I have one question for you why are you visiting IV website, you have nothing better to do?
First of all IV is not forcing you or any body to come here on the website. If you have issues you are most welcome to stop coming to the website.
SO STOP BROWSING IV, you are waisting our precious bandwidth ( for which we have to pay) because you can only shout rather than doing anything constructive.
We can make sure your account gets deleted from the website and records and you are banned from the place.
Actually we as a community are better off if we can get rid of people like you.
Pappu really does not owe anything to any of you actually you owe a lot of money to him. He spends his precious time giving you updates and you only can act as an A**.
I would highly recommend to ban people like you .
wallpaper 28th Infantry Regiment,
sanju
04-04 03:47 PM
if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
That is not the intent of the bill. The intent of this bill is to make H1 process so difficult that it will be almost impossible to file for someone's H1 application. IEEE has lobbied to reduce the H1 numbers for very long time. Now that they realized that H1 numbers are not likely to decrease, they want to make the H1 program so difficult/strict that, for all practical purposes, employers will not be able to hire someone on H1.
And, even if the bill would do that you have said, how would it help speed up the green card process?
That is not the intent of the bill. The intent of this bill is to make H1 process so difficult that it will be almost impossible to file for someone's H1 application. IEEE has lobbied to reduce the H1 numbers for very long time. Now that they realized that H1 numbers are not likely to decrease, they want to make the H1 program so difficult/strict that, for all practical purposes, employers will not be able to hire someone on H1.
And, even if the bill would do that you have said, how would it help speed up the green card process?
cableching
07-12 05:44 PM
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!
2011 1st Battalion, 28th Infantry
cjain
06-20 05:53 PM
^^^^^^^^^^
more...
kandhu
06-10 04:55 PM
Done
ramus
07-03 06:25 AM
Lets contribute... We have big day ahead of us..
more...
alterego
07-15 11:03 AM
If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.
Speak with a lawyer. Your lawyer may be able to file a response, stating that the job offer stands and that the petition was withdrawn in error. Ac21 does not protect you, so I do not see any other options here. However, as tricky as this situation is, you should not take the advise of any of the posters here. Use these responses only to have an intelligent discussion with a good immigration attorney. The worst outcome of all for you would be a rejection for fraud or willful misrepresentation, in which case your future petitions would be in jeopardy and you would be unable to retain your PD also.
Speak with a lawyer. Your lawyer may be able to file a response, stating that the job offer stands and that the petition was withdrawn in error. Ac21 does not protect you, so I do not see any other options here. However, as tricky as this situation is, you should not take the advise of any of the posters here. Use these responses only to have an intelligent discussion with a good immigration attorney. The worst outcome of all for you would be a rejection for fraud or willful misrepresentation, in which case your future petitions would be in jeopardy and you would be unable to retain your PD also.
2010 the 28th Infantry Division
fatboysam
12-25 10:20 AM
I will like to know if a person on L2 visa with EAD can open new company in US ?
more...
vjkypally
09-26 10:04 AM
I also sent a note
hair 28th Infantry Division Event
GCBy3000
03-16 02:47 PM
Dude it is legal and why are you annoyed with people who play by rules. Though I did not use this eventhough I could, it does not mean I should hate who uses this law. I bet, if you had even a very thin chance of doing this one without jeopradizing your existing job and status, you would have gone for it.
You could do whatever is good for you within the limits of law. No matter what you do, always there will be some people who will not be happy for some reason.
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
You could do whatever is good for you within the limits of law. No matter what you do, always there will be some people who will not be happy for some reason.
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
more...
delhiboy
12-17 11:34 PM
Just need a place to vent and share my frustration with this system.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
hot Max Noe, 28th Infantry
pappu
07-01 10:23 PM
QUESTIONNAIRE FOR POTENTIAL PLAINTIFFS
USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
Please be sure to include a copy of the following with this questionnaire:
• Completed I-485 as submitted to USCIS, and any cover letter sent with it;
• Evidence of method and date of mailing (USPS, Fed Ex, etc)
• A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
• USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
Date questionnaire is completed:
Completed by:
Attorney Contact Information:
Name
Email
Firm
Address
Telephone
Fax
Adjustment Applicant Information:
Name
Address
Phone
Email
Nationality or citizenship
Adjustment Application Filing Information:
Date adjustment application was submitted to USCIS and method of submission:
Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
What was the employment-based immigrant category under which the adjustment application applied?
USCIS rejection of the adjustment application:
Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
If yes, please explain in detail:
Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
2
Harm to adjustment applicant:
Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
Please return this form and documents by email or fax to:
visabulletin@ailf.org
or fax (202) 742-5619 attn. AILF LAC
USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
Please be sure to include a copy of the following with this questionnaire:
• Completed I-485 as submitted to USCIS, and any cover letter sent with it;
• Evidence of method and date of mailing (USPS, Fed Ex, etc)
• A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
• USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
Date questionnaire is completed:
Completed by:
Attorney Contact Information:
Name
Firm
Address
Telephone
Fax
Adjustment Applicant Information:
Name
Address
Phone
Nationality or citizenship
Adjustment Application Filing Information:
Date adjustment application was submitted to USCIS and method of submission:
Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
What was the employment-based immigrant category under which the adjustment application applied?
USCIS rejection of the adjustment application:
Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
If yes, please explain in detail:
Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
2
Harm to adjustment applicant:
Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
Please return this form and documents by email or fax to:
visabulletin@ailf.org
or fax (202) 742-5619 attn. AILF LAC
more...
house A member of the 28th Infantry
![28th infantry division. 28th Infantry Division]](http://www.lonesentry.com/features/pics/armored-dozer.jpg "28th Infantry Division]")
ghost
08-12 07:22 AM
what is the percentage you are looking ? 50 -50 ?I know thousands of people who can write a check for 10K to support any law that can give them a GC in the next 3-6 months..
Here is the thing: We all can write 10K checks to get a GC in next 3-6 months but things don't work that way...small persistent steps lead to assured success...see if you can get the people you know sign up for a 6 USD per week recurring donation, it takes 5 minutes of their time.
This is like having one subway sandwich per week for 6 months, the key is to do it persistently every week/month. Thanks!
Here is the thing: We all can write 10K checks to get a GC in next 3-6 months but things don't work that way...small persistent steps lead to assured success...see if you can get the people you know sign up for a 6 USD per week recurring donation, it takes 5 minutes of their time.
This is like having one subway sandwich per week for 6 months, the key is to do it persistently every week/month. Thanks!
tattoo 28th Infantry Division Poland
lazycis
12-21 06:14 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.
Also, read 8 USC 1255(k)
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if�
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.
Also, read 8 USC 1255(k)
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if�
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D
more...
pictures 28th Infantry Division,
nomi
12-12 04:31 PM
Yes, we do listen - Fixes based on your comments
While we will not respond individually to your e-mails to us, we do read - and act - on them. This page will show some of the issues you have raised and solutions that we have instituted in response.
November 15, 2006
Administrative Appeals Decisions
These decisions are currently unavailable on the USCIS web portal. We expect to have them re-published by November 30.
--------------------------------------------------------------------------------
November 8, 2006
I-LINK Materials/INA/8 CFR/etc.
While these legal materials are available (including the redacted Adjudicator's Field Manual). They may experience intermittent problems. If you try to access this material and see a blank page, refresh your browser. The page should appear. Please note: the redacted Adjudicator's Field Manual is a very large document, and may load more slowly than other legal materials.
Policy and Procedural Memoranda
These are being republished now, and should be complete no later than November 9.
Broken Forms
We are receiving a number of comments from you that a particular form is corrupt or somehow not working. If this happens to you, please let us know the following details:
The form you are attempting to download
What version of Adobe Reader or Acrobat you are using
What browser and operating system you are using (e.g., Firefox 1.x and Windows XP)
This will hopefully help us nail down the problem. Thank you
--------------------------------------------------------------------------------
November 7, 2006
Missing I-600A Form
Replaced the form Nov. 6
Immigration Statistics
If you are looking for the immigration statistical reports we published on USCIS.gov, they can now be found at www.dhs.gov/immigrationstatistics. Or click the related link "Immigration Statistics" on this page.
Case Processing Times
If you are looking for the listing of processing times for particular application or petition types at our regional and district offices, you may find it at the related link "Case Processing Times" on this page.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f55cc2e9bb6be010VgnVCM1000000ecd190aRCR D&vgnextchannel=7220c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
While we will not respond individually to your e-mails to us, we do read - and act - on them. This page will show some of the issues you have raised and solutions that we have instituted in response.
November 15, 2006
Administrative Appeals Decisions
These decisions are currently unavailable on the USCIS web portal. We expect to have them re-published by November 30.
--------------------------------------------------------------------------------
November 8, 2006
I-LINK Materials/INA/8 CFR/etc.
While these legal materials are available (including the redacted Adjudicator's Field Manual). They may experience intermittent problems. If you try to access this material and see a blank page, refresh your browser. The page should appear. Please note: the redacted Adjudicator's Field Manual is a very large document, and may load more slowly than other legal materials.
Policy and Procedural Memoranda
These are being republished now, and should be complete no later than November 9.
Broken Forms
We are receiving a number of comments from you that a particular form is corrupt or somehow not working. If this happens to you, please let us know the following details:
The form you are attempting to download
What version of Adobe Reader or Acrobat you are using
What browser and operating system you are using (e.g., Firefox 1.x and Windows XP)
This will hopefully help us nail down the problem. Thank you
--------------------------------------------------------------------------------
November 7, 2006
Missing I-600A Form
Replaced the form Nov. 6
Immigration Statistics
If you are looking for the immigration statistical reports we published on USCIS.gov, they can now be found at www.dhs.gov/immigrationstatistics. Or click the related link "Immigration Statistics" on this page.
Case Processing Times
If you are looking for the listing of processing times for particular application or petition types at our regional and district offices, you may find it at the related link "Case Processing Times" on this page.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f55cc2e9bb6be010VgnVCM1000000ecd190aRCR D&vgnextchannel=7220c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
dresses 28th Infantry Regiment,
stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
more...
makeup 28th Infantry Division
pappu
12-27 10:02 PM
http://en.wikipedia.org/wiki/United_States_Permanent_Resident_Card#Other_Immigr ation_Sites
for some reason these people delete our links whenever we put it. In the past I spent a lot of time to go on each of these diff pages related to immigration, greencard, indian americans , chineese americans etc and inserted IV links in their content as well as external links but everytime the editors have deleted them. Dont know why? maybe I dont know much about wikipedia and how it works.
thanks for the initiative, go_gc_way. and thanks to all those that helped in this effort. Pls. continue to help spread the message on various sites.
for some reason these people delete our links whenever we put it. In the past I spent a lot of time to go on each of these diff pages related to immigration, greencard, indian americans , chineese americans etc and inserted IV links in their content as well as external links but everytime the editors have deleted them. Dont know why? maybe I dont know much about wikipedia and how it works.
thanks for the initiative, go_gc_way. and thanks to all those that helped in this effort. Pls. continue to help spread the message on various sites.
girlfriend Guard Wars: The 28th Infantry
EB3_SEP04
05-26 05:31 PM
An officer's duty is to ask for papers. And for just few questions you are upset.
Just think about in the other way.
What if the officer gets upset while you remain silent....
You don't have to post such experience as everybody knows what would happen.
Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
Just think about in the other way.
What if the officer gets upset while you remain silent....
You don't have to post such experience as everybody knows what would happen.
Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
hairstyles 28th Infantry Division,
gc_on_demand
11-12 03:24 PM
Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
chetanjumani
03-13 12:10 PM
Thank You Googler, EB2 India in April is Dec 2003. Hopefully the logic to arrive at this is what you got to know from your Call with DHS employee.
Hopefully all EB immigrants would be treated equally irrespective of their place of birth.
Hopefully all EB immigrants would be treated equally irrespective of their place of birth.
diptam
11-27 11:49 PM
hey - My July's EAD app was my 3rd and I filed up the date and details of just the 2nd EAD.
Mine was a paper App - I filled and then printed the form. They approved it after 76 days.
, mailed it after 87 days and I got got EAD at hand in 91 days.
Didn't provide any details about 1st EAD ... they can easily find it out - if needed :)
I am trying to self file I765, I want to paperfile since I don't want to go for photos and other stuff to the Uscis center. My lawyer has filed my earlier applications for employment authorization and parole. He has filled all my previous employment authorization dates on the I765 forms, however I cannot fill more than 2 dates on the I765 forms, do I convert the form into word and fill it and reconvert it back? I have to file next week, please help.
Mine was a paper App - I filled and then printed the form. They approved it after 76 days.
, mailed it after 87 days and I got got EAD at hand in 91 days.
Didn't provide any details about 1st EAD ... they can easily find it out - if needed :)
I am trying to self file I765, I want to paperfile since I don't want to go for photos and other stuff to the Uscis center. My lawyer has filed my earlier applications for employment authorization and parole. He has filled all my previous employment authorization dates on the I765 forms, however I cannot fill more than 2 dates on the I765 forms, do I convert the form into word and fill it and reconvert it back? I have to file next week, please help.
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