sammas
07-12 03:57 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
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db_greencard
09-26 09:46 AM
This article is totally messed up.
pcs
11-13 09:08 AM
Guys... little fruits are like ration in a big march. .... that is VISA recapture etc...
Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...
Good leaders do not lead a tired and hungry force...
I have already started sending letters to Napaleto at USCIS...
Guys just send letters with a CUT PASTE of the rule....
Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...
Good leaders do not lead a tired and hungry force...
I have already started sending letters to Napaleto at USCIS...
Guys just send letters with a CUT PASTE of the rule....
2011 more.
ajthakur
07-15 07:08 PM
I spoke with my ex employer. He never did revoke the 140. He is also willing to provide an EVL. I can join him once I get GC. I felt sorry for having left him earlier.Talk to an attorney soon then.
more...
msgrewal81
02-19 12:11 AM
If you are lazy enough to contact your representative and Obama, you should not complain for not getting your voice heard. Each and every email matter. Also contact Rep. Sheila Jackson-Lee [D, TX-18] on her website. contact all. It wont take 5 minutes.
Dear (Congressman/woman, Pres. Obama):
Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.
Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.
Kind regards
(Your name)
https://writerep.house.gov/htbin/wrep_save
http://www.whitehouse.gov/contact/
Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....
Dear (Congressman/woman, Pres. Obama):
Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.
Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.
Kind regards
(Your name)
https://writerep.house.gov/htbin/wrep_save
http://www.whitehouse.gov/contact/
Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....
shree19772000
01-16 07:13 PM
I could see myself or any other desi dude and I have seen people in this situation. Its painful. Myself, I learnt my lesson during the 2000 - 2002 recession and spent all these years preparing for something like this. It was a difficult but I had to do it. I kind of knew that this would happen every 10 years. This time it did not take it 10 yrs.
By the way, I liked your narration of the incident. I wish I could do it.
We have very skilled people here and here is my suggestion. Why don't we make a documentary on these stories and the problems we face due to immigration. It will be much better way of putting our concerns before the people and I am sure even the immigration hardliners will sympathize with us if they hear us out and what we are going thru even after being there for 7-10 years paying taxes and doing our due diligence.
These are my 2 cents and good luck with your job slumdog!
By the way, I liked your narration of the incident. I wish I could do it.
We have very skilled people here and here is my suggestion. Why don't we make a documentary on these stories and the problems we face due to immigration. It will be much better way of putting our concerns before the people and I am sure even the immigration hardliners will sympathize with us if they hear us out and what we are going thru even after being there for 7-10 years paying taxes and doing our due diligence.
These are my 2 cents and good luck with your job slumdog!
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Jaime
09-10 02:15 PM
If only moves were so easy wouldn't all H1's be in Florida?
We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.
Great point! We need to be able to convey to Washington our plight with accuracy! In order to do that we have to unite and deliver our message together!
We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.
Great point! We need to be able to convey to Washington our plight with accuracy! In order to do that we have to unite and deliver our message together!
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GreenCard4US
06-11 02:54 PM
Should we contact the Indian Government?
Look I don't want to say this to you but I am left with no other choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment is a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.
Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?
Look I don't want to say this to you but I am left with no other choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment is a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.
Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?
more...
silibili
06-10 04:40 PM
done
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StarSun
03-24 02:12 PM
Thank you for registering with Immigration Voice for the advocacy efforts in Washington DC. Your participation in such efforts will help tremendously in bringing about the positive changes we seek.
Many of you may have questions regarding the advocacy event. To answer your questions, we are holding a conference call this weekend. An email was sent out to confirmed members today (Mar 24) with the subject line: IMPORTANT: IV Advocacy Conf Call Info. Please check your email for the conference call details and other important information.
The conference call in number and details cannot be made public.
Thank you.
Many of you may have questions regarding the advocacy event. To answer your questions, we are holding a conference call this weekend. An email was sent out to confirmed members today (Mar 24) with the subject line: IMPORTANT: IV Advocacy Conf Call Info. Please check your email for the conference call details and other important information.
The conference call in number and details cannot be made public.
Thank you.
more...
pappu
07-03 06:01 PM
If anyone has any questions we will be happy to talk to them.
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Aah_GC
04-25 10:33 AM
Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.
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cool_guy_onnet1
02-21 10:31 AM
From ,
1. In Fy08, there were 189 EB2 India approvals.
2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.
Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.
NOT EVERYONE REGISTERS AT THESE POS SITES. lol
C'mon be realistic.
1. In Fy08, there were 189 EB2 India approvals.
2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.
Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.
NOT EVERYONE REGISTERS AT THESE POS SITES. lol
C'mon be realistic.
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gccovet
09-10 11:08 AM
There were discussing the first bill - something about horses.
They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)
funny ... but true..
aliens comes after humans and animals :)
They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)
funny ... but true..
aliens comes after humans and animals :)
more...
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ns007
04-21 08:27 AM
Sorry, did not see this thread before.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
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mpillai
05-08 10:04 AM
I feel your pain, But, what was the point of firing same requests to USCIS from thousands of users? Wont that cause more delay for some other FOIA requests? FOIA requests are required to be responded by law, so you are guaranteed a reply even if only 1 user files the request.
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant.
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant.
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gc_lover
06-30 09:33 PM
my attorney says even if you send it today to be delivered on Monday July 2 USCIS might also reject cases delivered on july 2, if visa bulleten is revised on july 2. does anybody have any idea what USCIS did for others workers category, did they reject cases filed after June 5 or reject from June 5 itself (I believe June 5 was the date when DOS said they retrogressed)
No one knows what will happen on Monday, However, I think you should send out your application. I send my application on Friday and I don't know whats going to happen. I would rather send and wait instead of just waiting without sending. Who knows, I might sneak in huh :)
No one knows what will happen on Monday, However, I think you should send out your application. I send my application on Friday and I don't know whats going to happen. I would rather send and wait instead of just waiting without sending. Who knows, I might sneak in huh :)
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anurakt
11-19 09:53 AM
Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
It took a while for me to understand this situation. Now I am very clear on what I will be doing istead of tying myself to a bs immigraion system this country has. I ran after two things GC and Money ....running after GC didn't do any good....stuck with an employer.... salary below market value same position all the years....but I have decided I will run after money now.... so in current situation I have more money better position...less mental stress .... If I get GC... good ....else I will go back to my country with total financial freedom. Make my money as quickly as possible. We are all here for money and nothing else ...thus GC should not be an end to life....
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
It took a while for me to understand this situation. Now I am very clear on what I will be doing istead of tying myself to a bs immigraion system this country has. I ran after two things GC and Money ....running after GC didn't do any good....stuck with an employer.... salary below market value same position all the years....but I have decided I will run after money now.... so in current situation I have more money better position...less mental stress .... If I get GC... good ....else I will go back to my country with total financial freedom. Make my money as quickly as possible. We are all here for money and nothing else ...thus GC should not be an end to life....
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CSPAvictim
07-09 07:24 PM
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:
On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:
perm2gc
01-18 03:33 PM
Content, content updated. Please verify and let me know.
Thank You
Thank You
engineer
06-12 11:57 AM
CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
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