gapala
03-04 10:01 AM
First of all EAD is not a status. You need to provide them details on whether you are on H1B or AOS / Parolee (if used AP to travel or EAD to work).
Hope this helps.
Hope this helps.
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desi3933
07-06 12:20 PM
Look at the mistake again
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
It is NOT a mistake. Please read it again.
All numbers available to these categories under the FY-2007 annual numerical limitation have been made available
simple means that
all visa number (for FY-2007) are used up. They were made available to USCIS by DoS.
___________________
Not a legal advice.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
It is NOT a mistake. Please read it again.
All numbers available to these categories under the FY-2007 annual numerical limitation have been made available
simple means that
all visa number (for FY-2007) are used up. They were made available to USCIS by DoS.
___________________
Not a legal advice.
hebbar77
09-10 06:42 PM
28.6% of 7% of 140,000 per quarter is 700 not 2450.
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.
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.
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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.
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.
more...
ind_game
05-13 11:15 PM
was ur first MTR denied in error?
as per you, your I-140 was never denied.
Here is the exact wording from NSC. I have deleted all the irrelevant matter
For I-485 Denial:
You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.
For first MTR Denial:
However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.
as per you, your I-140 was never denied.
Here is the exact wording from NSC. I have deleted all the irrelevant matter
For I-485 Denial:
You are applying on the basis of I-140, Petition for Immigration for Immigration Worker, filed on your behalf. However, record contains no evidence that a visa petition has been approved on your behalf. Since the record does not contain evidence that a visa petition has been approved in your behalf, your application is hereby denied.
For first MTR Denial:
However, it is noted that the Application to Adjust Status was filed on July 2, 2007 and Immigration Petition for Alien Worker was denied on September 4, 2007. Your application was only pending 2 months before the decision was made on the Immigration Petition for Alien Worker. You cannot port once the immigrant petition has been denied. Therefore, your motion is dismissed.
gcretroiv
02-10 01:24 PM
I second that VIVA , you are 100% correct
more...
gunung
07-05 03:30 PM
My case was wrongly put in the TR catagory for 2 years despite my efforts to get the Phili center to correct it. It was finally put into RIR in April 2007 while other cases are being approved with later PDs...... Maybe I shall wait 3 more months since they promissed to have it done this September????!!!!
PBEC, PD July 2003, EB3, RIR, NY
PBEC, PD July 2003, EB3, RIR, NY
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soda
08-11 03:15 PM
If I had my I-485 applications mailed on July 2nd and had it postmarked on July 2nd, but reached USCIS on July 3rd, according to USCIS, does that mean that my application was filed on July 2nd?
more...
saibabu_d
07-18 01:40 PM
50$ each month.
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amsgc
04-02 08:57 PM
Dude, I asked where do you go and rate the post. No wonder ssnd calls you dumb.
On the top right corner of this post, there is a "scale". Click on it! :)
On the top right corner of this post, there is a "scale". Click on it! :)
more...
map_boiler
07-05 01:17 PM
I just used the letter above (slightly edited) to email senators Bennett and Hatch from Utah.
Today I made my first $100.00 contribution to IV. Go IV!
Today I made my first $100.00 contribution to IV. Go IV!
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learning01
04-25 02:06 PM
offline means talk in private emails, private messages and send conclusions to IV core team for including in thier next goals, once most of present goals are achieved. Thanks. Let's concentrate on the main work here.
I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..
I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...
I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..
I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...
more...
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gc_dedo
04-30 03:56 PM
wow they have run out of questions.
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JulyFiler
08-20 07:56 PM
Yes, CA DMV takes quite a while to get clearance from DHS to validate your legal stay before they issue you DL.
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Macaca
09-14 06:58 PM
Immigration march planned for Wednesday (http://immigrationvoice.org/forum/showpost.php?p=164301&postcount=1066) By Javier Erik Olvera (jolvera@mercurynews.com or (408) 920-5704) | San Jose Mercury News, 09/11/2007
Many green card seekers wait seven years or more (http://immigrationvoice.org/forum/showpost.php?p=151966&postcount=965) RESEARCHERS SAY BACKLOG COULD SPUR `REVERSE BRAIN DRAIN' By John Boudreau (jboudreau@mercurynews.com or (408) 278-3496) | San Jose Mercury News | 08/22/2007
Simple request: Fair handling of green card applications (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738) By L.A. Chung (lchung@mercurynews.com or (408) 920-5280) | Mercury News Columnist, 07/14/2007
How many H-1B visa workers? (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) Counts vary VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007
Many green card seekers wait seven years or more (http://immigrationvoice.org/forum/showpost.php?p=151966&postcount=965) RESEARCHERS SAY BACKLOG COULD SPUR `REVERSE BRAIN DRAIN' By John Boudreau (jboudreau@mercurynews.com or (408) 278-3496) | San Jose Mercury News | 08/22/2007
Simple request: Fair handling of green card applications (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738) By L.A. Chung (lchung@mercurynews.com or (408) 920-5280) | Mercury News Columnist, 07/14/2007
How many H-1B visa workers? (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) Counts vary VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007
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raysaikat
01-06 04:31 PM
...he encountered a couple of a folks from some universities & concludes that those universities are just crappy....
By the way, since when 100's of students mean a couple of folks? So far I have taught about 100 such students. And I and my colleagues have been observing problems with such students for over last 5 years or more (about 1000 students). These are not anomalies, rather statistically significant observations.
And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.
By the way, since when 100's of students mean a couple of folks? So far I have taught about 100 such students. And I and my colleagues have been observing problems with such students for over last 5 years or more (about 1000 students). These are not anomalies, rather statistically significant observations.
And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.
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Green.Tech
06-20 12:36 PM
Any Happy Friday contributors?:)
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Canadian_Dream
06-02 08:18 PM
You are correct, it only uses I-140 application as a basis of setting the cut-off (Not I-485).
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
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Keeme
03-04 12:46 PM
Forgot to mention, my attorney did state that their office received an approval 2 weeks back whose priority date was not even close to current. She did not share the specifics.
I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.
I also learned from my attorny office that a case with out having PD current was approved. Will get specifics today on that case.
I just checked my online status and it doesnt have any updates since 2007, states its received and pending... Not sure how current is the online info.
I also learned from my attorny office that a case with out having PD current was approved. Will get specifics today on that case.
ocpmachine
09-08 11:46 AM
On my recent visit to Bangalore, i got in touch with a real estate developer(who is also a far relative), here is what he told me. First thing any developer does is to put up a website with some pretty pictures of layout and details like floor plan, location etc. This is the first step in attracting NRI's, he told me when he talks to NRI's, the first question they ask is the URL of the project. No wonder, most of the RE developer in recent times have a website, some of the website are a joke with absolutely no details and the rosy pictures of moon, lakes, birds, parks etc :-))
80% of his customers are NRI's, 10% are local goonda's/politician and rest 10% are common people...I was surprised to hear that some NRI's have bought/booked plots just by looking at the website and remitting money from USA...what happened to old school days of personally visiting, checking paperwork,Vaastu, getting opinions of relatives/friends before buying anything...what is the hurry here is beyond me???
I feel, this whole RE market in INDIA is a scam where RE developers are playing a game and targetting NRI's who are easy a prey...
80% of his customers are NRI's, 10% are local goonda's/politician and rest 10% are common people...I was surprised to hear that some NRI's have bought/booked plots just by looking at the website and remitting money from USA...what happened to old school days of personally visiting, checking paperwork,Vaastu, getting opinions of relatives/friends before buying anything...what is the hurry here is beyond me???
I feel, this whole RE market in INDIA is a scam where RE developers are playing a game and targetting NRI's who are easy a prey...
desi485
11-14 04:01 PM
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
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