stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
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gchope2k6
03-17 07:25 PM
Thank you guys for all the replies ! I will let you know what happens !
Kitiara
10-23 04:50 AM
I am about to prove once and for all just how geeky I am. :)
Vincent was indeed hidden in the Shinra Mansion in Nibelheim. You can get him the first time you visit there. Somewhere in the Mansion is a bit of paper with four clues on it (the last is in invisible ink) telling you that someone is locked away in the basement and by getting these four clues right, you'll find the combination to open the safe and get the key to release him.
When you've got all four numbers, you open the safe and get attacked by a monster called Lost Number (don't ask how i remember all this. I have no idea). He's got one strong magical half that's vulnerable to physical attacks and one strong physical half that's vulnerable to magic. Eventually you'll kill one half off and be left with the other. I found that the physical half is more likely to kill you, so soon as the whole battle begins, only use magic attacks to kill off the physical side and be left with the nice and easy magic one.
Once you've killed him completely, you'll get a key and an Odin materia.
Go to the basement as per the storyline. Once you're down there, there's a screen with a long passageway leading up to the library. There's a door there. Open it. Find Vincent. You'll have to talk to him a couple of times though, until he just says "Leave me alone" or something similar. Do the whole Library / Sephiroth bit then come out and he'll join you.
Phew!
Vincent was indeed hidden in the Shinra Mansion in Nibelheim. You can get him the first time you visit there. Somewhere in the Mansion is a bit of paper with four clues on it (the last is in invisible ink) telling you that someone is locked away in the basement and by getting these four clues right, you'll find the combination to open the safe and get the key to release him.
When you've got all four numbers, you open the safe and get attacked by a monster called Lost Number (don't ask how i remember all this. I have no idea). He's got one strong magical half that's vulnerable to physical attacks and one strong physical half that's vulnerable to magic. Eventually you'll kill one half off and be left with the other. I found that the physical half is more likely to kill you, so soon as the whole battle begins, only use magic attacks to kill off the physical side and be left with the nice and easy magic one.
Once you've killed him completely, you'll get a key and an Odin materia.
Go to the basement as per the storyline. Once you're down there, there's a screen with a long passageway leading up to the library. There's a door there. Open it. Find Vincent. You'll have to talk to him a couple of times though, until he just says "Leave me alone" or something similar. Do the whole Library / Sephiroth bit then come out and he'll join you.
Phew!
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smuggymba
08-19 10:35 AM
Really! ... dude go around and look at forum, than tell me how every other post is 100% directed towards Immigration.
If you had read the link, you would have been educated on avoiding scams that could happen with you or your loved ones in future. Next time pay attention before you reply!
No where in the news piece it's mentioned that he is on Indian origin. Your headline says - Indian Origin doc.................
Really dude...LOL. Grow up
If you had read the link, you would have been educated on avoiding scams that could happen with you or your loved ones in future. Next time pay attention before you reply!
No where in the news piece it's mentioned that he is on Indian origin. Your headline says - Indian Origin doc.................
Really dude...LOL. Grow up
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walking_dude
08-03 03:58 PM
Thanks pappu. Santb1975, nothing compared to your contribution to the movement. Let me stop before we start a mutual admiration society here :)
arnab221
05-22 05:01 PM
Yeah !! now they have a new argument to restore the multimillion dollar tax payer funded bonuses .These companies are not even ashamed that they are running on money from the American tax payers without which many would have had to sell their buildings now .
These super brains used their intellect for all the wrong reasons when they created the famous Collateral Debt Obligations ( CDO ) that even Alan Greenspan said he could not understand . These guys then loaned money all over the globe , without taking into account any risk factors . With little Government oversight in the US financial industry these people were ultimately responsible for the well being of world financial health .A little caution and responsible behavior from these people would have saved us from the catastrophical global recession that we are now . But nooo , they loaned money as if there was no tomorrow and got millions in bonuses for selling loans and securities to unsuspecting investors and the whole world is now bearing the brunt of their greed with more than half a million layoffs every month in US alone.
These people are ultimately responsible for the mess which the whole world is in and now their CEO's are saying that they need to retained with bonuses or we will see a Brain Drain .
If terror is the name of causing havoc and utter chaos which causes people to suffer in any area then the only name that I can think of calling these people is "Financial Terrorists" .
These super brains used their intellect for all the wrong reasons when they created the famous Collateral Debt Obligations ( CDO ) that even Alan Greenspan said he could not understand . These guys then loaned money all over the globe , without taking into account any risk factors . With little Government oversight in the US financial industry these people were ultimately responsible for the well being of world financial health .A little caution and responsible behavior from these people would have saved us from the catastrophical global recession that we are now . But nooo , they loaned money as if there was no tomorrow and got millions in bonuses for selling loans and securities to unsuspecting investors and the whole world is now bearing the brunt of their greed with more than half a million layoffs every month in US alone.
These people are ultimately responsible for the mess which the whole world is in and now their CEO's are saying that they need to retained with bonuses or we will see a Brain Drain .
If terror is the name of causing havoc and utter chaos which causes people to suffer in any area then the only name that I can think of calling these people is "Financial Terrorists" .
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jungalee43
01-17 02:20 PM
I voted on this. But I did not see any vote for elimination of country qouta in EB immigration system. We need that topic on change.gov and should vote heavily in favour of it.
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Ann Ruben
02-24 09:22 AM
I disagree. We need to know why the extension was denied and then assess the risk of delay, or even denial of the H-4 at a consul. If she leaves the US and there is a problem at the consul, you could be in for a very long separation.
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Lasantha
04-11 02:24 PM
I called once after my PD became current this month, that was last Wednesday (9th). The IO that I spoke to would not give me any information. All she said was "You will hear from us within next 60 days". So I guess it all depends on the IO that you speak to. As for LUDs, I did not get any since my FP.
As for Cross Chargeabilty, I saw a post on a successfull case only yesterday on IV forums. So it actually works. Hope you hear some good news soon.
BTW how did you request CIS to use your spouce's country of birth? Did you send then a letter requesting it? How about requesting an INFOPASS to get their attention?
LASANTHE,
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
As for Cross Chargeabilty, I saw a post on a successfull case only yesterday on IV forums. So it actually works. Hope you hear some good news soon.
BTW how did you request CIS to use your spouce's country of birth? Did you send then a letter requesting it? How about requesting an INFOPASS to get their attention?
LASANTHE,
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
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sathweb
02-04 01:02 PM
:confused: Does anyone have multiple RFE for I-140? :confused:
I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.
Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.
My I-140 got approved after my local Senator called them.
I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.
Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.
My I-140 got approved after my local Senator called them.
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Rb_newsletter
06-12 04:45 PM
http://www.newsreview.com/reno/content?oid=1010431
Reid revives immigration issue
By Dennis Myers
dennism@newsreview.com
More stories by this author...
U.S. Sen. Harry Reid of Nevada, the Democratic floor leader, said last week he was getting ready to lead the Senate back into the politically risky waters of immigration.
At the end of his remarks before an Asian-American and Pacific Islander Summit in D.C., Reid said, �Finally, we will again pursue comprehensive immigration reform that respects both our nation�s laws and the people from all nations who want to live in America, work hard and pay their fair share of taxes. And it is critical that we bring families together by cutting down on the long waits for prospective immigrants trying to join their immediate family members in the United States. I am committed to reforming our system in a way that is tough, fair and practical.�
He was immediately faced with skepticism and outright hostility. Though the senator was vague on details, one website promptly posted the headline, �Why Does Reid Want to Ram Immigration Amnesty Through Senate?�
More seriously, GOP Sen. Saxby Chambliss of Georgia questioned whether Congress has time to deal with immigration this year when it already has health care reform and 13 appropriations bills on its plate: �I don�t see how, from a time perspective, where they can have a floor debate on immigration. We haven�t even had any hearings this year on it.�
Reid revives immigration issue
By Dennis Myers
dennism@newsreview.com
More stories by this author...
U.S. Sen. Harry Reid of Nevada, the Democratic floor leader, said last week he was getting ready to lead the Senate back into the politically risky waters of immigration.
At the end of his remarks before an Asian-American and Pacific Islander Summit in D.C., Reid said, �Finally, we will again pursue comprehensive immigration reform that respects both our nation�s laws and the people from all nations who want to live in America, work hard and pay their fair share of taxes. And it is critical that we bring families together by cutting down on the long waits for prospective immigrants trying to join their immediate family members in the United States. I am committed to reforming our system in a way that is tough, fair and practical.�
He was immediately faced with skepticism and outright hostility. Though the senator was vague on details, one website promptly posted the headline, �Why Does Reid Want to Ram Immigration Amnesty Through Senate?�
More seriously, GOP Sen. Saxby Chambliss of Georgia questioned whether Congress has time to deal with immigration this year when it already has health care reform and 13 appropriations bills on its plate: �I don�t see how, from a time perspective, where they can have a floor debate on immigration. We haven�t even had any hearings this year on it.�
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Norristown
10-15 11:49 AM
Also carry the proof (H1b receipt notice) that your H1b is applied waiting for the approval and letter from your employer that they have applied for H1 extension.
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ttdam
11-01 06:30 PM
I did it in Kinkos, I took all data pages in color and empty pages in black and white. It cost me around $15. (For two people). I also included all I 94 Cards.
Thanks eadguru
I did it in STAPLES almost the same,
Will keep posted with new updates...
Thanks eadguru
I did it in STAPLES almost the same,
Will keep posted with new updates...
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phigi
08-18 11:36 PM
Also, at this point there are some questions lingering around your 'consulting' agency. I'm pretty sure a 4 yr. degree from an accredited college/university is considered equivalent to BS here. I really have suspicions on the real cause that's being presented to you.
You may want to check if your agency is employing others and if so, get in touch with one of them and gather facts.
I am no expert on saving your status, hence I am not commenting.
You may want to check if your agency is employing others and if so, get in touch with one of them and gather facts.
I am no expert on saving your status, hence I am not commenting.
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webm
04-15 11:12 AM
Congrats!! on your GC...
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redcard
10-05 08:29 PM
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
Congrats!
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
Congrats!
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
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Tantra
07-18 08:43 AM
Welcome!
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senthil1
02-19 12:27 PM
In the case of retrogession it is always better to apply EB2 if job description requires Master degree and if the candidate has approved master degree. Past history shows EB2 is atleast 2 years ahead of EB3 for India even if it is moving slower. But if you think any problem in eligiblity then it is better to apply EB3.
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
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walking_dude
12-05 02:10 PM
I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?
Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.
Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.
good idea
03-13 09:08 PM
Since few people are not happy with this thread, please delete the thread.
chanduv23
09-02 04:28 PM
My SR is for my 485, I didn't renew my EAD or planning to renew as I am not using it
It could mean your case is with IO but does not necessarily mean you will get a decision in 60 days - if you get - great - but don't rely on it 100%
It could mean your case is with IO but does not necessarily mean you will get a decision in 60 days - if you get - great - but don't rely on it 100%
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