komaragiri
08-09 12:25 AM
I am spending sleepless nights worrying...and regarding resubmitting, is it not a waste submitting it twice - will they encash the checks twice?
OR
it seems to be a better idea to just enclose the RN # and submit the EVL separately...
When did you submitted your applications?
OR
it seems to be a better idea to just enclose the RN # and submit the EVL separately...
When did you submitted your applications?
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whitecollarslave
01-18 08:06 PM
By law, you are not suppose to make copies of an official US document.
Where did you get this information from?
Where did you get this information from?
ps57002
09-19 03:44 PM
For next rally...slogan
Legal vs Illegal Immigration
Do YOU know the difference?
or
Legal vs. Illegal Immigration
Know the difference...
This is to prompt people's curiosity that there is a difference in the two and to have them educate themselves. Otherwise as said, all "immigration" to most people means "illegal immigration".
Legal vs Illegal Immigration
Do YOU know the difference?
or
Legal vs. Illegal Immigration
Know the difference...
This is to prompt people's curiosity that there is a difference in the two and to have them educate themselves. Otherwise as said, all "immigration" to most people means "illegal immigration".
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TeddyKoochu
07-12 05:18 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
Congrats Sunny & All the best must be a great feeling for you and your wife. I sincerely hope you are approved next month; you are one of the senior most in the group. All the very best.
Congrats Sunny & All the best must be a great feeling for you and your wife. I sincerely hope you are approved next month; you are one of the senior most in the group. All the very best.
more...
greyhair
06-20 09:40 AM
My friend I have seen many things in my 45 years life. But never have I seen as much bullshit in one post. If you are so smart that your invention could lose $3 billion in a quarter, why are you unemployed for last 1 yr? If you don�t have a job it has got to be someone else�s fault, right? This is not a new trend. While you are ok to work in a company started by an immigrant or in a technology created by an immigrant, you find it morally wrong for immigrants to compete with you, right? As if immigrants should be denied to right to compete with �real Americans�. And this �real American� thing is so full of it. You are real American because your forefathers came here in 1700? But weren�t your forefathers ILLEGALLS when they came here uninvited? In a fair competition environment you are not going to get any edge over others just because someone has lived here for 5 generations.
None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your �real American� thing is so bullshit because everyone loves to claim that they are only �real Americans� and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of �America� and you competition is �evil and against all Americans�. This is not only stupid, but plain dumb.
Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about �real American�, �illegal�, �Chinaman�, �Hitler� etc., did I miss something? Hear me out because this competition is not going to go away with Sander�s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander�s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style �real American� because with your attitude you sure need a whole lot of it.
At what point are all you anti-American morons going to end this. Immigration followed to the letter of the law - YES. But if you came here illegally, are working here illegally, or are for immigration in any other form than that of the letter of the law - I am sorry. But getting to the point of this. If it wasn't for all of this illegal immigration, if it wasn't for countries ESPECIALLY India and China driving the AMERICAN way of life as a race to the bottom instead of a race to the top - we would NOT need this law. See you all have it wrong - we TRUE aAmericans like me who have 5 generations going back to the late 1700's....my forefathers laid the plan - laid their lives down to build this country and I paid my dues to get my GOOD PAYING job in IT that I worked and slaved for 20 years. And to have an immigrant whose country has done nothing but ride the tailcoats of what we Americans have done and claim it as there own. We have a word for it here in the US - theft. And that is what it is - these jobs that we are trying to fight for here have been STOLEN. And yet there are so many of you who just think that is ok - sure who care let them go....if a Hitler type were to rise again and another World War were to come.....this GREAT Country that you declare to love would not be able to defend itself.....because it's fabric....it's backbone has been dismantled my the theft - by the race to the bottom, by whatever you want to call it....it's all but gone - the dream that you think is still there is a puff of smoke my friends...plain and simple. There is not an INDIAN or CHINAMAN that has the background in IT nor the number of US Patents, and inventions that I have given to the companies that I have worked for and for the country I love. Yet one year after being unemployed I still can't find a job and as a book that is about to be released will educate most on you of who I am find this out - I dare you to look carefully and see just how many others like me are being displaced by un-americans and how that knowledge is taking the competitiveness of the US and shipping it overseas. How sad it is. There is a chapter in the book of one of by greatest inventions that has stood for 10 years to protect a certain part of your life....it was never breached -it never failed in 10 years and yet last month, my former boss showed me how almost 3 billion dollars this quater of American wealth was erased because an Indian person now controls that system and doesn't understand what he's doing and even though I could point it out in a 10 minute conversation I won't and I hope that some of you who are saying no to this in a way without understanding it lose your hard earned money.....I certainly have lost more than you can imagine.....all I can say in the end is not God Bless the USA - but God Help Us.....God Help the USA.
None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your �real American� thing is so bullshit because everyone loves to claim that they are only �real Americans� and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of �America� and you competition is �evil and against all Americans�. This is not only stupid, but plain dumb.
Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about �real American�, �illegal�, �Chinaman�, �Hitler� etc., did I miss something? Hear me out because this competition is not going to go away with Sander�s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander�s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style �real American� because with your attitude you sure need a whole lot of it.
At what point are all you anti-American morons going to end this. Immigration followed to the letter of the law - YES. But if you came here illegally, are working here illegally, or are for immigration in any other form than that of the letter of the law - I am sorry. But getting to the point of this. If it wasn't for all of this illegal immigration, if it wasn't for countries ESPECIALLY India and China driving the AMERICAN way of life as a race to the bottom instead of a race to the top - we would NOT need this law. See you all have it wrong - we TRUE aAmericans like me who have 5 generations going back to the late 1700's....my forefathers laid the plan - laid their lives down to build this country and I paid my dues to get my GOOD PAYING job in IT that I worked and slaved for 20 years. And to have an immigrant whose country has done nothing but ride the tailcoats of what we Americans have done and claim it as there own. We have a word for it here in the US - theft. And that is what it is - these jobs that we are trying to fight for here have been STOLEN. And yet there are so many of you who just think that is ok - sure who care let them go....if a Hitler type were to rise again and another World War were to come.....this GREAT Country that you declare to love would not be able to defend itself.....because it's fabric....it's backbone has been dismantled my the theft - by the race to the bottom, by whatever you want to call it....it's all but gone - the dream that you think is still there is a puff of smoke my friends...plain and simple. There is not an INDIAN or CHINAMAN that has the background in IT nor the number of US Patents, and inventions that I have given to the companies that I have worked for and for the country I love. Yet one year after being unemployed I still can't find a job and as a book that is about to be released will educate most on you of who I am find this out - I dare you to look carefully and see just how many others like me are being displaced by un-americans and how that knowledge is taking the competitiveness of the US and shipping it overseas. How sad it is. There is a chapter in the book of one of by greatest inventions that has stood for 10 years to protect a certain part of your life....it was never breached -it never failed in 10 years and yet last month, my former boss showed me how almost 3 billion dollars this quater of American wealth was erased because an Indian person now controls that system and doesn't understand what he's doing and even though I could point it out in a 10 minute conversation I won't and I hope that some of you who are saying no to this in a way without understanding it lose your hard earned money.....I certainly have lost more than you can imagine.....all I can say in the end is not God Bless the USA - but God Help Us.....God Help the USA.
amsgc
05-28 07:42 PM
Here is what I would do:
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
more...
satysh
07-16 11:51 PM
I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
This is email that I sent..........
-------------------------------------------------------------------
Hi Roy,
I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.
The fax content is as follows
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
My view on the above points.
1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".
Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.
I certainly welcome yours and NumbersUSA perspective on this email.
Both of us strive to make America more strong and competitive.
Thanks,
Satish
"It is the theory that decides what we can observe."
Albert Einstein
This is email that I sent..........
-------------------------------------------------------------------
Hi Roy,
I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.
The fax content is as follows
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
My view on the above points.
1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".
Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.
I certainly welcome yours and NumbersUSA perspective on this email.
Both of us strive to make America more strong and competitive.
Thanks,
Satish
"It is the theory that decides what we can observe."
Albert Einstein
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gsc999
04-20 02:00 PM
Sure. Thanks for letting us know.
I will also post this message at our Northern California Yahoo group.
I will also post this message at our Northern California Yahoo group.
more...
desi3933
03-09 01:04 PM
spillover happens only when there are more EB based visas available than the number actually issued in the last quarter,
People who don't believe the slow movement should get reality check done.
I am getting Red for this. Great.
People who don't believe the slow movement should get reality check done.
I am getting Red for this. Great.
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boreal
04-20 09:36 PM
Hi Puneet and Krishna, thanks for calling me. I will be joining you guys tomorrow and meet u up at Wal-mart around 3:30
more...
chanduv23
12-26 04:02 PM
Dubai - no issues without valid stamp
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
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GCwaitforever
02-22 12:28 PM
FBI checks start only after finger printing. They run them through criminal database. This will still be done. Name check is different and it will be waived after pending for more than 180 days. By April 2008, you should be clear from all delays.
more...
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coopheal
06-11 09:27 AM
Sent this morning.
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User00
06-22 12:54 PM
And wait for RFE.
USCIS is asking for COLOR copies of DL and passport.
Can you please provide the link ?
I refered to USCIS website but did not find a mention of copies of DL.
PLease advise.
Thanks
USCIS is asking for COLOR copies of DL and passport.
Can you please provide the link ?
I refered to USCIS website but did not find a mention of copies of DL.
PLease advise.
Thanks
more...
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snathan
08-21 01:50 PM
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
I dont think your issuse can be fixed even by attorney. You are not coming under any category to file Green Card. So prepare for yourself to go back and build your life back in canada.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
I dont think your issuse can be fixed even by attorney. You are not coming under any category to file Green Card. So prepare for yourself to go back and build your life back in canada.
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andycool
03-16 02:04 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
more...
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pappu
12-13 01:12 PM
Pappu has doused the fire..:(
Thanks for understanding. sorry though for disappointing you.
I must say that the motivation and drive in members is great these days. Last week's effort has had positive effect on all of us and united us. Let us all use this energy sphere we have created to help make this organization strong and take part in the current action items.
Thanks for understanding. sorry though for disappointing you.
I must say that the motivation and drive in members is great these days. Last week's effort has had positive effect on all of us and united us. Let us all use this energy sphere we have created to help make this organization strong and take part in the current action items.
girlfriend Those are lowlights.
natrajs
06-06 03:42 PM
After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.
Congrats and Best Wishes
Congrats and Best Wishes
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CT_Green
04-10 11:41 AM
My PD is Oct 2003
Waiting for 485 approval. FP done. Have EAD.
Waiting for 485 approval. FP done. Have EAD.
getgreensoon1
05-23 02:12 PM
All these years in US, getgreensoon1's expertise in IT ?
cntrl C and cntrl V !
That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.
cntrl C and cntrl V !
That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.
Jaime
09-10 09:55 PM
Microsoft using cricket to try to stop Reverse Brain Drain!!
http://news.yahoo.com/s/nm/20070910/...oft_cricket_dc
http://news.yahoo.com/s/nm/20070910/...oft_cricket_dc
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