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.
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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smc
09-29 08:15 AM
If this guy Emilio were the CEO of a company here, and if they wasted visa numbers in October after announcing in July that they had exhaused all of them, he would be fired almost immediately.
I guess they think that they are not answerable to anyone, so they can get away with it.There is no one to question them.
I guess they think that they are not answerable to anyone, so they can get away with it.There is no one to question them.
ronhira
03-06 08:38 PM
Heres the sliver lining of all this immigration mess. Its good for spiritual development. I came here 10 years ago in mid 20s. My understanding of Indian philosophy was rudimentary at best. Now I have found reading and meditating on the meaning of Gita is one of the best ways for me to deal with the GC mess, and life in general. So I wonder if GC had been a smooth process would I have still discovered the beauty of the Gita?
sounds like a case of mid life crisis..... if it were not gc then there would have been something else to discover u'r beauty of gita..... that's how we all r..... & what does gita tell u @ illegal immigrants.... just curious?
sounds like a case of mid life crisis..... if it were not gc then there would have been something else to discover u'r beauty of gita..... that's how we all r..... & what does gita tell u @ illegal immigrants.... just curious?
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belmontboy
07-20 01:19 PM
http://www.immigration.com/newsletter1/dolsta1207.pdf
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
more...
santb1975
06-21 12:15 AM
Are we giving up??:confused:
ssnd03
04-01 05:25 PM
OK now Mr. non-retard...cud u do all of us a favour by showing some article which says, US democracy is the same for citizens and foreigners. Send us a link from some Govt web site that says this. If u cant substantiate ur statements admit that u r a retard.
Dude "Dard-e-disco" you are such a numbskull.
On numerous occasions foreigners have sued USCIS for processing delays and errors and on numerous occasions US judges have ruled in favor of the foreigner. Just check the PACER for court records.
My EAD was delayed by USCIS and on local congressman's demand USCIS immediately processed it.
Your lack of education is so transparent and obvious that you want me to show you a website which says foreigners and US citizens will be treated alike. You are lucky that you are in US and retards like you are tolerated even though your sound clinically ill.
Dude "Dard-e-disco" you are such a numbskull.
On numerous occasions foreigners have sued USCIS for processing delays and errors and on numerous occasions US judges have ruled in favor of the foreigner. Just check the PACER for court records.
My EAD was delayed by USCIS and on local congressman's demand USCIS immediately processed it.
Your lack of education is so transparent and obvious that you want me to show you a website which says foreigners and US citizens will be treated alike. You are lucky that you are in US and retards like you are tolerated even though your sound clinically ill.
more...
ItIsNotFunny
03-12 11:15 AM
Dear ItIsNotFunny,
For committed people like you, we can request IV core for some special consideration.
But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.
Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.
I support IV
I support the idea. Its just market is bad and people may not be able to contribute so regularly.
For committed people like you, we can request IV core for some special consideration.
But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.
Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.
I support IV
I support the idea. Its just market is bad and people may not be able to contribute so regularly.
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Green.Tech
06-09 06:34 PM
This thread falls off the radar so quickly and other threads with EAD, AP, H-1B etc. keep popping up every second. I know all those things are important as well but if you pause and think about the big picture, this funding drive is very important as well. So, please buck up and contribute! :)
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softwareguy
07-06 01:35 PM
July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability
The State Department�s Immigrant Visa Control office provided AILA a copy of the notice sent to USCIS Section 245 Adjudications on July 2, 2007. AILA Doc. No. 07070663.
I don't have access to AILA.com website but this is what I gathered. - Not sure what it means.
The State Department�s Immigrant Visa Control office provided AILA a copy of the notice sent to USCIS Section 245 Adjudications on July 2, 2007. AILA Doc. No. 07070663.
I don't have access to AILA.com website but this is what I gathered. - Not sure what it means.
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onemaveric
07-24 04:23 PM
Hey,
I went to the VA DMV in Sterling yesterday and the person there refused to renew my DL based on my original H1B extension extension RECEIPT Notice, saying there is no 'Date' on this document. :mad: These ppl are too dumb. It says clearly on DMV's website - they will give you a 1 yr extension IF there is no date on that document. Need to take a lawyer and paralegal along next time... :confused:
BTW, how did you manage to do this??
I am travelling on the same boat too. I checked with one of the DMVs in VA and they were not ready to accept the H1 extn. receipt notice. I am planning to convert my application to processing.
Let us know if u have any updates for people like us.
Thanks.
I went to the VA DMV in Sterling yesterday and the person there refused to renew my DL based on my original H1B extension extension RECEIPT Notice, saying there is no 'Date' on this document. :mad: These ppl are too dumb. It says clearly on DMV's website - they will give you a 1 yr extension IF there is no date on that document. Need to take a lawyer and paralegal along next time... :confused:
BTW, how did you manage to do this??
I am travelling on the same boat too. I checked with one of the DMVs in VA and they were not ready to accept the H1 extn. receipt notice. I am planning to convert my application to processing.
Let us know if u have any updates for people like us.
Thanks.
more...
pcs
07-05 10:45 AM
Why Dont You Do It ??????????
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JazzByTheBay
09-12 12:16 AM
Thank you so much for doing this.... come on folks, step up to the plate - Milind123 has made a great offer!!
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
cheers!
jazz
This is specifically for those people who have never contributed but feel like contributing but for some reason hesitate to pull the trigger. For all such people who start a monthly contribution of $50 and promise (not to me or anyone else but themselves) to keep contributing for at least the next 6 months, I am going to make a one-time contribution of $50 for every such person. I have a modest upper limit, which I will disclose after the first 10 new contributors.
So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.
The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
cheers!
jazz
This is specifically for those people who have never contributed but feel like contributing but for some reason hesitate to pull the trigger. For all such people who start a monthly contribution of $50 and promise (not to me or anyone else but themselves) to keep contributing for at least the next 6 months, I am going to make a one-time contribution of $50 for every such person. I have a modest upper limit, which I will disclose after the first 10 new contributors.
So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.
The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.
more...
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Green.Tech
06-11 12:08 PM
However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.
...and that could happen if all of us unite and participate in IV's campaigns, otherwise the wait could be a long one!
...and that could happen if all of us unite and participate in IV's campaigns, otherwise the wait could be a long one!
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conchshell
09-30 11:26 PM
Guys don't you think that once again flooding USCIS with flowers/shame-card as a protest is a good idea ??
more...
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mbartosik
06-23 10:43 AM
I've already entered details into http://www.trackins.com
Data was:
PD 12/19/2002
Approved EB3 RIR 6/14/2006
received copy today
Originally NY DOL
Philly BEC
That was 1272 days
Here is a little good news for most....
I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.
Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.
Also from trackins.com it appears that most 45 day letters have been issued.
They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.
Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.
Data was:
PD 12/19/2002
Approved EB3 RIR 6/14/2006
received copy today
Originally NY DOL
Philly BEC
That was 1272 days
Here is a little good news for most....
I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.
Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.
Also from trackins.com it appears that most 45 day letters have been issued.
They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.
Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.
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vparam
09-17 08:59 PM
we are planning to start an LLC as a group of three here......one of them being in india.i was wondering about the tax issues for a member of an LLC if he is based in India.Can he get an tax identification number.thank you.
Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner
Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner
more...
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Beta_mle
06-10 07:19 AM
The dates had approached within two months of my priority date then BAM! Unavailable. What a disappointment. This system is just so arbitrary and capricious. Makes no sense. But then maybe it does, I'm still here, working.
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brahmam
05-14 02:02 PM
Just an update from my side:
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
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Marphad
07-06 02:41 PM
Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.
Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!
I am surprised to see that IV has 450K asset! Where did that number come from?
I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.
Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!
I am surprised to see that IV has 450K asset! Where did that number come from?
I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.
sam_hoosier
03-19 12:10 PM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
I was in the exact same boat 3-4 months ago. I had even paid $ 400 for appraisal and at the last minute the lender backed out.
However, I have managed to secure refinancing at a substantially lower rate with a different mortgage company. Send me a PM and I can let you know the details if you are still in the market for a refi.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
I was in the exact same boat 3-4 months ago. I had even paid $ 400 for appraisal and at the last minute the lender backed out.
However, I have managed to secure refinancing at a substantially lower rate with a different mortgage company. Send me a PM and I can let you know the details if you are still in the market for a refi.
trueguy
08-04 04:45 PM
How about if we frame a well thought out letter..and present facts and start mass mailing - maybe once a month - every month. That we they will hear from us every month - in bulk.
How about if we dont use words like bonded etc and just repeatedly request the system to be repaired. Use of words like bonded etc can send a wrong signal.
We can also add our stories in there to give that emotional/human touch - eg. I can say that I have been in this country since 1999 and still waiting. If I look at my W-2s from 2001 (when I started working), I must have consistently paid about 10k in taxes to the Federal Govt and another 3k to the State every year. that makes my tax contribution to about 90k-100k in 8years..I think thats huge and I am still waiting, for being a tax paying and law abiding citizen just because the Immigration system is broken. I am a recruiter and I recruit US Citizens in large numbers for large govt projects, offering them really high salaries - while I am helping them "indirectly" realize their American Dream - my dreams are nowhere in the horizon. My wife works in the Child Welfare System and she helps broken families get back on their feet - while she is putting together their broken families - our family is still stranded in the system with no sign of moving forward.
Just a passing thought! I thought I should run this by you all. Thanks for reading.
yes, we need a more refined and professional letter that has a better impression and give us some results. Any help from IV?
Thanks.
How about if we dont use words like bonded etc and just repeatedly request the system to be repaired. Use of words like bonded etc can send a wrong signal.
We can also add our stories in there to give that emotional/human touch - eg. I can say that I have been in this country since 1999 and still waiting. If I look at my W-2s from 2001 (when I started working), I must have consistently paid about 10k in taxes to the Federal Govt and another 3k to the State every year. that makes my tax contribution to about 90k-100k in 8years..I think thats huge and I am still waiting, for being a tax paying and law abiding citizen just because the Immigration system is broken. I am a recruiter and I recruit US Citizens in large numbers for large govt projects, offering them really high salaries - while I am helping them "indirectly" realize their American Dream - my dreams are nowhere in the horizon. My wife works in the Child Welfare System and she helps broken families get back on their feet - while she is putting together their broken families - our family is still stranded in the system with no sign of moving forward.
Just a passing thought! I thought I should run this by you all. Thanks for reading.
yes, we need a more refined and professional letter that has a better impression and give us some results. Any help from IV?
Thanks.
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