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  • gc_on_demand
    12-10 04:38 PM
    HOW IS THE 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.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally 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.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

    WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.


    In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?

    State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.

    In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.




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  • nk2006
    10-21 03:32 PM
    I am sending PMs to senior members of forum requesting to send emails. Started with "A" :)

    Thank you for doing this.




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  • rokocoko
    01-10 01:30 PM
    May be yes....applying greencard is required to extend the H1...having said that one has to spend huge money in applying for GC...at the same time one can also stay out of US for an year and come back if required...

    well the reasons are many...and all seems to be valid...

    I agree having 1 crore is sort of middle class..especially with the real estate boom in Hyderabad..you won't get a two bedroom flat in a decent area unless you pay around 20 lakhs...

    on a lighter note...1 crore is just simple....for the people over there...for example my father retired in early 2004 and spent his retirement money to buy a two bedroom apartment and a small piece of land (about 10 lakhs in total)...now the apartment itself costs about 11 lakhs and land costs about another 14 lakhs.........earning/saving of about 15 lakhs in 3 years....how many of us could do that ;)




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  • miracles
    08-09 12:09 AM
    any updates on the bridge bill for schedule A Nurses.

    The congress are on break for 4weeks this August, so expect none will happen till September.:cool:



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  • rongha_2000
    04-30 04:36 PM
    What you say is absolutely correct, but I dont see any discussion to that effect happened today. USCIS folks painted a picture of how USCIS is increasing its efficiency and how last years surge is causing problems. There was no conclusion or even an attempt made to say "Yes, if these numbers are captured, the process will be faster." On the contrary to the question of removing the country cap the USCIS captain said "It has a resource implication.."

    Hope are dying away faster than the beach sand that slips away from your hand.

    Only positive thing that happened today and this is my 100th post and I graduated to senior member. :D

    For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.

    I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.




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  • Green.Tech
    06-10 12:15 AM
    multiple year eads & ap - may or may not happen
    visa recapture - no chance
    visa increase - will not happen

    still contribute??

    �I am not judged by the number of times I fail, but by the number of times I succeed: and the number of times I succeed is in direct proportion to the number of times I fail and keep trying.�

    For those who believe in this, please contribute to the cause...



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  • nyte_crawler
    04-25 11:51 AM
    Maybe highly intelligent people make irrational decisions.:)

    The current Priority date based Labor application system makes the most higly skilled immigrants bonded laborers where the employers can exploit them. This especially happens to people who are highly intelligent but donot try short routes to Green card and do not think of jumbing ahead of others in the que or moving to other companies to get green card processed faster. Reality dawn sonly when nearing the six year completion date of H1B.

    We need to change this unjust immigration system so that atleast in future merit gets rewarded and people who really deserve get their green card.




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  • saveimmigration
    09-10 07:56 PM
    I greatly appreciate people doing visa number math. But guys, you are wasting your time. These guys dont do any math nor logic in the process.


    agree none cares



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  • gk_2000
    08-23 10:12 PM
    Send your recommendations to USCIS/DOL and your certification about bsc and bcom. Also enlighten us with your larger perspective of how this multinational executive making 32K per annum adding more jobs/potential to the economy.

    I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
    You can go ahead and recommend against EB3 BSc BCom losers, as it is your business

    To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it




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  • lazycis
    05-14 12:17 PM
    No man.........I am waiting for the outcome.......In fact to be frank I am bracing myself for Writ of Mandamus Lawsuit.....frustration....

    Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.



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  • vayumahesh
    12-02 10:38 AM
    GeetaRam,

    I would say to follow your attorney's advice though I don't think of any issues with going for premium processing as you are with the same employer. My friend has recently filed I-140 under regular processing and got approval within 2 1/2 months. Just make sure if your attorney submitted porting request while filing new I-140 under EB2. All the best.




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  • pd_recapturing
    10-17 10:17 AM
    As I said before, I am willing to spend time (and of course money) to go and talk to anyone who can help us in this regard. Though, I am not in this situation but who knows. Guys, pls come forward and participate in this very very imp campaign.



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  • gc_dedo
    04-30 02:44 PM
    http://boss.streamos.com/real-live/judiciary/17223/56_judiciary-coj_2141_070212.ram
    Need real player
    damn not working for me.
    maybe its my office proxy problem




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  • willwin
    06-10 10:30 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html



    Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!

    enjoy!!!

    "E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

    It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.

    F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."



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  • alterego
    07-06 04:33 PM
    I think they have to be current when they get an appointment or something like that. I am pretty sure that they accounted those 18k as CP numbers


    See what I was saying. They are not supposed to grant CP appointments and approvals in July per the regulations. They have decided to bend the rules to approve the currently pending 485s and CPs. They came up with this lame excuse that since the visas were already shipped out to the consular posts ................yada yada. Point is as I said they can't do 18K CP applicatrions in a day at the consulates the way they seem to have done for the 485s. Even this I am not sure.
    I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
    I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.




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  • indio0617
    03-09 11:31 AM
    So they'll probably take out schedule A workers(Nurses etc.) from EB3 category


    I am assuming that will be the end result. It means they will not be counted against any VISA CAP.



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  • MDix
    02-25 02:42 PM
    I think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file I-1485.

    Thank's
    MDix




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  • vactorboy29
    03-05 12:54 PM
    I saw soft LUD on my 485 applications.I will update if any thing happens.




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  • h1techSlave
    05-01 02:35 PM
    Cool
    The gray dots come when you get either approval/disapproval from somebody who has:
    less than 30 posts.
    overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.




    chanduv23
    11-18 10:41 AM
    We must also step forward and work towards resolving other things

    (1) Create blog on how to report Employer wage violations to Wage and Hour division

    (2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues

    (3) Any other pressing issues....

    Folks please add anything you feel must be addressed




    nk2
    07-16 09:24 AM
    Paid 50$ thru DCU Bill pay - conf number 7YHRV-XC1JL



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