solaris27
04-20 02:22 PM
you don't need visa to go through Frankfurt
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vkallank
07-10 01:21 PM
how about a peaceful protest at CNN headquarters in Atlanta and at other CNN stations.
qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
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.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
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.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
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mmj
04-21 11:14 AM
Come on people - This is so easy to do - Simply cut and paste the letter below to http://www.WhiteHouse.gov/Contact at the very least.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in less than half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in less than half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
more...
rangaswamy
08-05 01:44 PM
Is this supposed to be cribbing, just for the heck of it? In what way can getting a 2 yr EAD be bad news?
For EB ROW, if they issue 1 yr EAD...does tht mean their 485s are not approved for at least 1 yr?
First off its only informational, so other people know that even with PD being current you can receive 2 year EAD.
Well, good news because i don't have to worry about renewing it for another 18 months, bad news because does it mean my 485 is nowhere near processing.
Either way im not fretting about it, when its my turn i will get it. It was just a statement.
For EB ROW, if they issue 1 yr EAD...does tht mean their 485s are not approved for at least 1 yr?
First off its only informational, so other people know that even with PD being current you can receive 2 year EAD.
Well, good news because i don't have to worry about renewing it for another 18 months, bad news because does it mean my 485 is nowhere near processing.
Either way im not fretting about it, when its my turn i will get it. It was just a statement.
cgs
08-21 10:42 AM
Please refrain from pushing OP to post employer details on public forum. Let it be OP�s weapon of surprise. I wish OP has contacted an attorney for fighting his case. If this is going to be an out of court settlement, then we shouldn�t expect complete details as well. OP's story should be an eye opener for all of us(Employees and Employers).
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grimreaper
05-29 10:10 PM
Great!!
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chumki
12-18 02:30 PM
ok - it didnot leave on my own but got laid off. so i had no choice and i got laid off just 14 days before 180 day mark so my petitioner employer will thus not revoke 1-140
but,
i started the new permanent and smilar job 11 calender days before 180 days and now if I file AC-21, this will be a major issue now??
SO, in that case, should I just sit tight and do nothing with AC-21 filing?
I am very nervous now, please advise
but,
i started the new permanent and smilar job 11 calender days before 180 days and now if I file AC-21, this will be a major issue now??
SO, in that case, should I just sit tight and do nothing with AC-21 filing?
I am very nervous now, please advise
more...
ujjvalkoul
06-26 03:42 PM
Have any lawyers recommended against DIGITAL Photos? and Asked to use on Polaroids?
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angelfire76
01-03 02:31 PM
yes..agreed. But you are forgeting all the new EAD's (H4's) who will be part of the mix.
You have to compete with H4s on EAD (I might be generalizing here so apologies to anyone offended) you've got more serious issues than you have foreseen.
EAD is not a ticket to a high-paying job requiring a certain level of skill.
I feel this thread is going the way of a Programmer's guild forum in that "Now that I'm in the door, stop the offshoring" :D
You have to compete with H4s on EAD (I might be generalizing here so apologies to anyone offended) you've got more serious issues than you have foreseen.
EAD is not a ticket to a high-paying job requiring a certain level of skill.
I feel this thread is going the way of a Programmer's guild forum in that "Now that I'm in the door, stop the offshoring" :D
more...
hari-patti
07-23 08:46 PM
Hi
Could anyone guide me on this.
What does "class" mean when filing for e-file AP?
thanks
Could anyone guide me on this.
What does "class" mean when filing for e-file AP?
thanks
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priderock
06-27 05:05 PM
I understand ...................blah....??? any ideas ??
Yes, I have one :
You missed adding another option in the poll.
Option 3: "This idea is a non-starter, It wont work. "
Why do you care if you had already applied ?
Sorry !! Don't mean to beat the dead horse.
Yes, I have one :
You missed adding another option in the poll.
Option 3: "This idea is a non-starter, It wont work. "
Why do you care if you had already applied ?
Sorry !! Don't mean to beat the dead horse.
more...
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mwin
05-15 02:06 PM
You can some idea about 140jibjab by reading his old posts.
I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.
140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.
I am sure I am going to get a lot of red dots for this and so be it.
I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.
140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.
I am sure I am going to get a lot of red dots for this and so be it.
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Legal
07-25 02:13 PM
[QUOTE=alterego;267244]I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.QUOTE]
The titles of some of these threads have entertainment value:).
Like the one we had recently on "lovebirds separated by the cruelty of USCIS".
The titles of some of these threads have entertainment value:).
Like the one we had recently on "lovebirds separated by the cruelty of USCIS".
more...
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file485
12-29 06:39 PM
Hello all...
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
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sirinme
12-20 05:45 PM
The same memo also talks about AC21 - to me, it sounds like those who qualify under AC21 can also get 7th year extension even though they are currently not on H1-B status. Could someone please clarify if I can now "recapture" my now-long-gone-H1B based on this memo and the following information?
- I had a H1B visa, whose 6 year period was going to expire in Dec 2005.
- In Oct 2005, I changed to a different employer using AC21 & EAD. So the H1B became void at that time.
Now, under the clarification by this memo, can I apply for the 7th year extension of my old H1B and switch back to that (rather than using EAD to work in US)?
- I had a H1B visa, whose 6 year period was going to expire in Dec 2005.
- In Oct 2005, I changed to a different employer using AC21 & EAD. So the H1B became void at that time.
Now, under the clarification by this memo, can I apply for the 7th year extension of my old H1B and switch back to that (rather than using EAD to work in US)?
more...
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gcgreen
08-15 12:49 PM
my non-lawyerly suggestion: do not file ac21 until well into whichever job you takel
I have read on various forums that there is no necessity to notify unless there is an RFE, but to maintain appropriate evidence at all times. you may want to consider doing that until you are well settled in whichever job you take.
by the way, what is your PD?
hope this helps.
I have a pending AOS (I-485) application
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
I have read on various forums that there is no necessity to notify unless there is an RFE, but to maintain appropriate evidence at all times. you may want to consider doing that until you are well settled in whichever job you take.
by the way, what is your PD?
hope this helps.
I have a pending AOS (I-485) application
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
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rajs
12-27 12:31 AM
my PD is april 2001
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
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chanduv23
07-08 04:46 PM
I dont think we could expect such thing from our community as we are born selfish and scared of things. Everone is just hoping that some miracle will happen and everyone will get their GCs. Or else people are happy with EAD/h1b renewals.We really lack the kind of leadership and atitude we had before independece both at home in india and here.I think people have made immigration problems as part of the many problems they have in their lives.
Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us
Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us
aroranuj
04-21 02:29 PM
HI
The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.
I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.
I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
McLuvin
03-04 10:59 AM
EB3 Movement - Any Hopes?
Any Hopes.... My PD is March 2003.... Something should happen.... I know that a movement of 18 months is something i cannot ask for... but again if there is some light at the end of the tunner..... :D
Any Hopes.... My PD is March 2003.... Something should happen.... I know that a movement of 18 months is something i cannot ask for... but again if there is some light at the end of the tunner..... :D
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