alex99
04-08 02:24 PM
(EB1)
2007 2006 2005
26,697 36,960 64,731
(EB2)
44,162 21,911 42,597
(EB3)
85,030 89,922 129,070
How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)
Gurus : please through some light on this?
2007 2006 2005
26,697 36,960 64,731
(EB2)
44,162 21,911 42,597
(EB3)
85,030 89,922 129,070
How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)
Gurus : please through some light on this?
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kondur_007
07-12 04:30 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.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
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.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
msgrewal81
02-18 06:04 PM
I agree. it makes things easier for illegals and difficult(LC process) for legals.
I have Punjabi background. My uncles came to this country illegally. they always make fun of me that why I came legally. They were all given green cards by Reagan and Clinton.:mad:
I have Punjabi background. My uncles came to this country illegally. they always make fun of me that why I came legally. They were all given green cards by Reagan and Clinton.:mad:
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nixstor
10-15 08:20 PM
Do not forget to notarize your request. It prevents a frivolous rejection
more...
GCard_Dream
12-28 12:26 PM
Both of the flights were on the same itinerary and were booked through Thai. United was asking for money for international part of the travel because he said that Thai would charge United for the extra weight if United checked in the luggage all the way to Bangkok, which isn't really true because Thai did allow 70 LB then. I am not sure what the regulation is now.
I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.
i have never had that problem
may have been because you booked those flights separately, if they are on the same itinerary and both were booked through Thai, United should not do that, guess they don't care because you are not continuing on United. btw how could they demand money for the international part of the flight- they are not Thai and their rules don't apply...i also think the person you dealt with was ignorant...
the problem i have seen- you fly into the US and have a connecting flight onwards- if you take it withing 24 hrs ie same day- bags just continue- if not you are stuck with domestic rules. now it no longer matters on american carriers at least, intl allowance has also been decreased to 50 lbs.
I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.
i have never had that problem
may have been because you booked those flights separately, if they are on the same itinerary and both were booked through Thai, United should not do that, guess they don't care because you are not continuing on United. btw how could they demand money for the international part of the flight- they are not Thai and their rules don't apply...i also think the person you dealt with was ignorant...
the problem i have seen- you fly into the US and have a connecting flight onwards- if you take it withing 24 hrs ie same day- bags just continue- if not you are stuck with domestic rules. now it no longer matters on american carriers at least, intl allowance has also been decreased to 50 lbs.
mallu
02-15 04:25 PM
What is the current % of India/China folks in USA now that threaten to affect diversity ? Also how many (% ) from Italy,Ireland,UK etc ?
Anything published ? Just curiosity ( not questioning any current laws )..
Anything published ? Just curiosity ( not questioning any current laws )..
more...
praveenat11
09-26 01:28 PM
Thanks immigal for ur help
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starscream
02-18 04:27 PM
I did not find any section specificcaly about ending EB or ending H1B , the only reference to H1b is in SEC. 1403. that is for fashion models:
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
(a) Elimination of H-1B Classification for Fashion Models-
http://www.opencongress.org/bill/111-h264/show
This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.
Please add your views about this bill.
Also, is there a IL chapter for IV?
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
(a) Elimination of H-1B Classification for Fashion Models-
http://www.opencongress.org/bill/111-h264/show
This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.
Please add your views about this bill.
Also, is there a IL chapter for IV?
more...
amitjoey
07-03 05:40 PM
When we are already doing the work (sending flowers, calling senators & media etc), why should we pay IV? Also, I would feel more comfy donating to something where I can see where the money is going.. I'm not well versed with the website, but is there a place I can get financial info from.. Thnks..
Please PM IV Core, also in regards to how the funds will be used, there is detailed text on the financial contributions page.
Please PM IV Core, also in regards to how the funds will be used, there is detailed text on the financial contributions page.
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abd
09-21 12:33 PM
Yes was similar to yours. The status did change to Review. They just got it yesterday and I saw hard lud yesterday and a soft lud today. I did not know how my Attorney responded or worded it, I just sent him the EVL from current employer.
My status changed yesterday night 8.45 (odd time) , to Evidence review. Keeping fingers crossed.
My status changed yesterday night 8.45 (odd time) , to Evidence review. Keeping fingers crossed.
more...
ek_bechara
04-07 01:49 PM
Can the admins set up a sticky thread for rumors that CANNOT be edited by anybody but the admins themselves. Some people on this forum have way too much time on their hands with the friends friend nonsense. I'm unsure what kick people get out of coming up with putrid talk.
BTW, spreading rumors and creating public fear is a federal offense. Before you post your friends friend story, you might want to think this thing through. Based on your rumor if somebody goes through physical or mental harm, the source of information WILL be traced back to you. At that time your ass is somebody's property will NOT sound like a rumor. Get back to work and do something productive.
If there is any truth to this story then you will see something on murthy.com or other AUTHENTIC immigration portals. If and when that happens, which I highly suspect, we as a community can get together and work through IV and other avenues to address the issue.
Over and out
BTW, spreading rumors and creating public fear is a federal offense. Before you post your friends friend story, you might want to think this thing through. Based on your rumor if somebody goes through physical or mental harm, the source of information WILL be traced back to you. At that time your ass is somebody's property will NOT sound like a rumor. Get back to work and do something productive.
If there is any truth to this story then you will see something on murthy.com or other AUTHENTIC immigration portals. If and when that happens, which I highly suspect, we as a community can get together and work through IV and other avenues to address the issue.
Over and out
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kumarc123
03-12 08:33 AM
This should have been posted in DONOR's forum :)
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
more...
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pappu
02-02 02:56 PM
Donation should be on the way today.
Thank you
Thank you
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sw33t
01-18 06:30 PM
US Code, Title 8 � 1304. Forms for registration and fingerprinting
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
By law, you are not suppose to make copies of an official US document.
Also, a police officer cannot deport you. He will most likely make a call to the nearest border security post and can either chose to hand you over to them or check your status over radio/phone.
Rule of thumb for all immigrants is to make sure you carry your documents when traveling withing 100 miles of the US border.
If you are a student, some cops will also let you go if you show your student ID combined with your State Issued ID.
For those states that required for you to prove your valid immigration status when applying for a state ID, a gentle plea to the cop that the state couldn't have issued your ID unless they verify your status, might work!
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
By law, you are not suppose to make copies of an official US document.
Also, a police officer cannot deport you. He will most likely make a call to the nearest border security post and can either chose to hand you over to them or check your status over radio/phone.
Rule of thumb for all immigrants is to make sure you carry your documents when traveling withing 100 miles of the US border.
If you are a student, some cops will also let you go if you show your student ID combined with your State Issued ID.
For those states that required for you to prove your valid immigration status when applying for a state ID, a gentle plea to the cop that the state couldn't have issued your ID unless they verify your status, might work!
more...
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mmk123
06-10 04:06 PM
done. thanks!
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gemini23
09-26 10:13 AM
Can the IV core make this a sticky thread or display it prominently in the main page..so that we can this as one of the action items for today.
more...
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rockstart
03-10 11:07 AM
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
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thakkarbhav
08-10 02:29 PM
I am in. I am EB2 but I support this because this makes sense.
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logiclife
08-03 02:30 PM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
abstractvision
03-19 09:02 PM
Lets review this whole page. Assumptions...and inferences...not sure how many are true and helpful. I will abstain from commenting anything.
pray
08-17 08:55 AM
Chill guys just kidding no point getting worked up about all this.I know it's causing a lot of angst.The best course of action is to get back to our lives and let the chips fall as they may.
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