Saturday, June 25, 2011

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  • pappu
    03-09 11:17 AM
    Visa Bulletin For April 2011 (http://travel.state.gov/visa/bulletin/bulletin_5368.html)

    EMPLOYMENT-BASED PREFERENCES

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

    Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

    Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

    5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
    Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
    F1 01MAY04 01MAY04 01MAY04 15FEB93 01APR95
    F2A 01APR07 01APR07 01APR07 01JUL06 01APR07
    F2B 15APR03 15APR03 15APR03 15JUL92 01DEC99
    F3 15MAR01 15MAR01 15MAR01 08NOV92 01JAN92
    F4 01FEB00 01JAN00 01FEB00 01FEB96 08MAR88

    *NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

    Employment- Based

    All Chargeability Areas Except Those Listed
    CHINA- mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 22JUL06 08MAY06 C C
    3rd 22JUL05 01MAR04 08APR02 08MAY04 22JUL05
    Other Workers 22JUL03 22APR03 08APR02 22JUL03 22JUL03
    4th C C C C C
    Certain Religious Workers C C C C C
    5th C C C C C
    Targeted Employment Areas/ Regional Centers C C C C C
    5th Pilot Programs C C C C C

    The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

    B. DIVERSITY IMMIGRANT (DV) CATEGORY

    Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2011 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

    For April, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
    Region All DV Chargeability Areas Except Those Listed Separately
    AFRICA 35,450 Except: Egypt 27,600
    Ethiopia 22,150
    Nigeria 14,100
    ASIA 19,250 Except:Bangladesh 18,350
    EUROPE 23,200
    NORTH AMERICA (BAHAMAS) 8
    OCEANIA 1,000
    SOUTH AMERICA, and the CARIBBEAN 1,075


    Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

    C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
    CUT-OFFS WHICH WILL APPLY IN MAY

    For May, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
    Region All DV Chargeability Areas Except Those Listed Separately
    AFRICA 42,000

    Except: Egypt 31,200
    Ethiopia 26,200
    Nigeria 15,450
    ASIA 23,500
    EUROPE 27,800
    NORTH AMERICA (BAHAMAS) 12
    OCEANIA 1,175
    SOUTH AMERICA, and the CARIBBEAN 1,150

    D. RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES

    Continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April.

    Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.





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  • neel_gump
    07-25 12:48 PM
    USCIS press released an update of receipting times..

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf

    NSC might send 485 receipts by 8/1/2007
    TSC might send 485 receipts by 10/26/2007





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  • NKR
    09-29 10:29 AM
    Guess What from NOV - 08 to July 09, the VB will have older Cut off dates and after July 09 DOS will open the flood gate and move the cutoff of to 2007 or even 2008.

    USCIS will start approve the cases with later PD's and the leave the older PD's on the air.

    It is a mess. I don't have any trust in USCIS

    I understand dude, there is no fairness in the system. My PD is close to yours. I couldn�t apply in July and applied to August, as if that RD was not enough, they moved my case from TSC to NSC and reset the RD to Oct. Not only are they not following PDs, they are throwing away RDs according to their whims and fancies� I have lost faith in the system.





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  • jayz
    07-02 01:20 PM
    http://mumbai.usconsulate.gov/interview_appt_schedule.html

    here's the one for July [PDF]
    http://mumbai.usconsulate.gov/uploads/images/9uRZDUAnEBKVs3LMDSI0ug/apptjuly07.pdf

    yes tons of EB3s and just 2 EB2s. I guess this, and the information on trackers would make us think USCIS has cleaned up tons of EB3s from 2001-2003. I wish hey had cleaned up EB3-ROW too, so numbers from there can roll over into India...

    You are right on it. I thought the same. There are over 150 eb3's. So, I am guessing they are from the June Bulletin. Otherwise, only two cases of EB2 does not make sense.



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  • rpat1968
    02-04 01:50 PM
    I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
    I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
    When you hand them both, you might feel you are doing it in full disclosure,
    however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
    The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.

    I intend to travel to my home country I have H1 (not stamped but valid till 2010) working for the same sponsor if I use AP to enter US do I lose my H1 status.I have EAD but did not use it.





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  • tooclose
    08-11 10:48 AM
    Hopefully they might be waiting to approve both AP and 485 together. (I am thinking they might have taken the amount on AP already)

    Take an info pass appointment to get more details if it is close to you.

    I am in Mar first week PD and hence dont know whether my PD is current yet (Aug VB). Planning to wait for the first week of September before taking an infopass appointment.



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  • xyzgc
    10-16 03:45 PM
    Who the hell r U kidding? By calling urself "BharatPremi" u r making a BIG fool of urself. If u r really a patriotic Indian why the hell did u apply for ur GC? Just work for those 6 H1B yrs and get the hell out of this country. Dont make a fool of urself and others by saying things like "at this moment" hez a citizen of another country blah blah blah...I know a few friends who just love India and would wanna go back after earning dollars for those 6 yrs H1B lets u work for. I appreciate such ppl...not ppl like u who try to "show off" that they r citizens of another country by shouting slogans and at the same time apply for permanent residencies with other countries...SHAME ON U PPL! U r a disgrace not only to US but to India and to the whole world as well.

    and who the HELL r u kidding Mr Terrorist Sympathizer?





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  • seekerofpeace
    08-27 10:59 AM
    I checked with some folks who have got GCs in the past and they mentioned that FP (2nd time ) is not needed.....unlike the minds of USCIS one's FP doesn't change over his lifetime...that said..if you apply renew EAD u can get FP notice....

    But if 15 month rule of FP is correct then very few will get approved as very few have received 2nd FP notice....so I am not sure what is good or bad...we need to know if the folks who had got FP notice had recently renewed their EADs or not.

    I am current next month but I rate my odds as 2/98 meaning 2% chance of getting clear.....taking into account RD/ND/transfer/FP all vagaries into account....even Indian monsoon is more predictable.

    SoP



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  • dish
    10-18 10:12 PM
    Spouse working - Yes, in theory they could allow H4 to work. However would that be any job? If so then the H4 would actually be far better off than the H-1B who is restricted by job category and employer qualification

    Long term - Yes, in theory, a 20 year H-1B takes some of the stress off. But what of Citizenship? If you stay 20 years you'd want to at least have the option of becoming a US citizen. At present I believe only a GC holder has the option to progress to citizenship.

    Employer based - This is the key. Unless an H-1B is no longer employer sponsored but self-sposored then the H-1B holder is still living on a knife-edge and can be sent back home at any moment if their employer fires them or goes under and they cannot secure another similar job quickly enough.

    So yes, they could make H-1B 20 years, allow spouse to work, allow application for citizenship and make it self-sponsored and not employer dependant. But why do that? They already have this kind of Visa. It's called a Green Card.


    I disagree, GC has more .... Like doing business in here. and no need for getting visa stamps.

    I would be happy if a visa like the TN-Visa made available to all not only to canadian and mexican nationals, though it doesn't have a Path to GC.





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  • clear485
    07-04 03:06 PM
    I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
    My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
    I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
    I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
    Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
    What are my options to avoid a NOID or denial
    Thanks in advance

    You will not have any problems since you already submitted AC21 documents (keep certified mail receipt with you).....so whatever your attorney said, it is correct....you don't need to worry.....even your employer withdraws your I-140 it won't be having any problem.....it happened in my case....I have sent AC21 docs....after that employer withdraws I-140.....but nothing happened to I-140

    "Ability to pay issue" is right in employer's view.....he can able show the ability for one more application if he withdraws your application.....

    How did you find your file was not updated AC21 docs..... better way is go to local USCIS and asked your attorney name whether it is the changed one or previous one if you have changed them.....call I800 and asked them few details like attorney name and company name etc..... see some times they won't reveal any info....you have to find out the way to get right answer (like tell them old attorney's name and say didn't get any updated information about your case etc)....



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  • srinivasj
    08-10 10:43 PM
    But the bulletin still shows only the Aug dates
    :mad:





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  • rajmirk
    04-27 10:02 PM
    Unfortunately that report just shows that we are now on the radar of FAIR, a a very aggressive anti-immigrant group. Google to learn more about FAIR.

    Did you read the title and the comment?

    Of course, this is not surprising, that anti-immigrants are furious to discover that we have anything to do with Congress.

    Looks like someone is finally posting from our side too there !



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  • GCplease
    01-22 10:01 AM
    FY EB1 EB2 EB3
    2003 1,266 8,536 10,647
    2004 2,998 16,262 19,889
    2005 6,336 16,687 23,250
    2006 3,156 3,720 3,006
    2007 2,855 6,203 17,795
    2008 5,327 14,819 3,576
    21,938 66,227 78,163


    Going forward, EB3 would be in 3000 to 4000 range unless we come together as a force and act.

    Really sad to see these numbers.
    Most of the EB3 numbers in 2004, 2005 and 2007 would have gone to Nurses and Physios.
    Looks like, we have been in this 3 to 4k range for a while.
    Heaven save us.





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  • shreekhand
    10-03 11:07 AM
    This rule of having at least one parent Indian citizen is in existence since atleast 2006. Just search around. I also know this as one of my close friend's OCI application was his kid was rejected based on this rule more than a couple of years ago !


    You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?



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  • n2b
    08-15 12:18 PM
    It would give some idea I think

    http://www.usvisahelp.com/art_intent.html

    In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment


    Maybe this 30-60-90 rule applies to people with Consular Processing or someone who enters this country on Employment based GC and who leaves the employer right away after coming here.

    For majority of people here in US, they might have already worked for a given employer for 3-6 years before they filed 485 and got their GC and completed their 6 months after AOS application to kick in AC21. So for such a person who has sustained abuse by working at the petitioning employer for 3-6 years, does he need to show any more intent?





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  • aznj123
    05-13 01:15 PM
    They should have some logic regarding PD's (INDIA).

    EB1 - Current
    EB2 - April 2004 (4 YEARS Between 1 & 2)
    EB3 - November 2001 (2.5 YEARS Between 2 & 3)

    Why there is so much diff between each category.

    AZNJ123



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  • plassey
    08-25 12:31 PM
    Unfortunately, I can't leave the US for the following reasons
    a) AOS pending
    b) H1 expiring soon
    c) Won't get any vacation time as just joined a new job.
    As a time gap arrangement see if you can get your license from your home country.

    Worst case if asked by a cop atleast you will have that.





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  • Madhuri
    04-13 04:32 PM
    ^^^^^





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  • Cheran
    02-23 08:06 PM
    wa ever suits u..pea brain..
    there was nothing in my post to get offended abt...
    the book was called Q&A.. how do u end up with a title of SlumDOG..
    u jump me.,..just because i call the bluff of fake liberals on this board..


    You can't even write a single sentence right and you call me pea brain? "Wa, U, abt, pickel, alcohall" that’s shows me where you stand. Anyhow, I don't give a rat’s ass about what you have with Gvenkat, but don't generalize and write some fucked up nonsense. I fully know who you refer when you say "Curd rice and Pickle" so don’t assume that everyone else is a moron and that you are above everyone.
    How the heck you assume that I am fake liberal? What you state and what you accuse others are 2 different things, first go read some books and improve your knowledge and then come here. No wonder you choose Pointless as your screen name!!!





    bomber
    07-20 01:23 PM
    EB-2 India PD: Dec' 2003
    Filed 2nd July 8:26AM signed by C. Uhrmacher





    gc_on_demand
    06-12 12:23 PM
    Outlook is very very grim without a bill from what I understand. EB3 India is going to be in a hole and EB3 PDs that are 2006 and later have a really long wait time ahead that they are not imagining. We are all hopeful by nature and look forward to visa bulletins with a positive attitude but such PD folks may be disappointed month after month for several years. For EB2 India it is important to know number of ported cases. EB3ROW folks also need to worry now. Their journey may not be that smooth due to spillover rules and high demand. We need to get data via FOIA to make a better guesstimate. Without such data we will hear various theories, predictions and interpretations from various websites and blogs that may not be always true.

    As I remember our FOIA can take as long as 2 years to get processes. Now that they have preadjusted almost all cases ( Means they have all required information on hand for all pending EB based AOS , can IV push USCIS to work on our FOIA ? ) FOIA result can help us lot to convince lawmakers when CIR time will in sep - oct.



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