kondur_007
07-12 04:30 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
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vkannan
06-08 06:46 PM
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
prinive
04-07 05:09 PM
Thanks..
Congrats buddy!
Congrats buddy!
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psaxena
11-17 06:25 PM
And you are a perfect desi... who wants to get everything without giving anything and to add on to that provoke others and distract them.
Nothing is free, and nothing will happen over night. It takes time and political to get these things done.
Think for a second ..
how many members are there on IV = More than 30000
How many donate = less than 200 give or take
How many yell and suggest and expect that core will leave everything and start working on the suggestion = Everyone
Now if you are in this situation , where you are not even responsible to do anything for anyone(like desi politician)... would you even do what IV is doing? No, forget that you won't even think of creating IV.
So you know my next sentence.. keep it low and be out .. or sober up and get in line and be the one to do the right thing so that you can look into your eyes in the mirror next time.
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
Nothing is free, and nothing will happen over night. It takes time and political to get these things done.
Think for a second ..
how many members are there on IV = More than 30000
How many donate = less than 200 give or take
How many yell and suggest and expect that core will leave everything and start working on the suggestion = Everyone
Now if you are in this situation , where you are not even responsible to do anything for anyone(like desi politician)... would you even do what IV is doing? No, forget that you won't even think of creating IV.
So you know my next sentence.. keep it low and be out .. or sober up and get in line and be the one to do the right thing so that you can look into your eyes in the mirror next time.
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
more...
jsb
08-17 11:25 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD
bigboy007
06-30 10:19 PM
But as what i see now the chance of announcing on monday might not happen they will do it most probably on 3rd saying we already reached max no. of visas through this they can find a way of out to clean their hands and good support for if any cases filed. 4th holiday hence no issues and 5 th after its all gone. Lets stay tuned from Monday else have all nice weekend.
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moonrah
08-07 11:10 AM
how do I translate this to future EB date movements?
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Rajeev
01-17 02:59 PM
I just signed up for a monthly contribution of $20.
Also contributed $100 in Dec 06.
Also contributed $100 in Dec 06.
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chmur
10-20 12:54 AM
Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama
Our only agenda should be - who is more beneficial to EB community - that is clearly McCain...so Go Mccain. Rest is politics usual and hence frivolus atleast to EB community.
I am even surprised why something else should matter ...atleast for next 4 years.
None of us can vote but can play indirect role in this campaign - i.e $$ and time. Remember who is beneficial to your immediate problems.
Our only agenda should be - who is more beneficial to EB community - that is clearly McCain...so Go Mccain. Rest is politics usual and hence frivolus atleast to EB community.
I am even surprised why something else should matter ...atleast for next 4 years.
None of us can vote but can play indirect role in this campaign - i.e $$ and time. Remember who is beneficial to your immediate problems.
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waitnwatch
07-28 01:01 PM
I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(
:)....See we could start a new thread discussing the repurcussions of shaking hands with Donald Duck.
PLEASE EVERYONE: THE PERSON WHO STARTED THIS THREAD IS A FAKE. GO SEE THE PUBLIC PROFILE OF THIS PERSON.
Sorry for the caps.....admins please close this useless thread.
:)....See we could start a new thread discussing the repurcussions of shaking hands with Donald Duck.
PLEASE EVERYONE: THE PERSON WHO STARTED THIS THREAD IS A FAKE. GO SEE THE PUBLIC PROFILE OF THIS PERSON.
Sorry for the caps.....admins please close this useless thread.
more...
snowshoe
05-08 09:54 PM
I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
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vgayalu
10-07 02:41 PM
Mine and spouse I 485 are approved on 5th Oct 2010 after RFE and answering it.
But Kids one is not approved showing online status as initial review.
I called USCIS and came to know that I can not create second SR until I complete 30 days after answering first SR.
But I did not get answer for first SR. They are saying There is RFE on principal candidate application.
But that one is cleared and approved.
I escalated the issue to second level and then they are mentioning my kids one is also approved on last Monday. But still the online status is showing as initial review.
Is it or same kind of thing happened to any one else?
Please guide your experience.
But Kids one is not approved showing online status as initial review.
I called USCIS and came to know that I can not create second SR until I complete 30 days after answering first SR.
But I did not get answer for first SR. They are saying There is RFE on principal candidate application.
But that one is cleared and approved.
I escalated the issue to second level and then they are mentioning my kids one is also approved on last Monday. But still the online status is showing as initial review.
Is it or same kind of thing happened to any one else?
Please guide your experience.
more...
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NKR
09-05 04:07 PM
chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.
I think it is more than that. A guy with lots of experience unless he is looking for a job that suits his experience will not get a job for which he will be over qualified.
An experience guy might find it difficult to answer questions like �what is operator precedence?� at first, cause he has moved from there to advanced levels, but a guy straight out of college can perform better in the interview and get the job.
Also remember for just a techie job, a middle aged (or older) guy will be a liability on the company as that can change the dynamics of medical insurances and other benefits for himself and his family. The company would rather take in a less experienced person and spend less, the company will not tell that for legal reasons but that is an unwritten rule that they will follow.
I think it is more than that. A guy with lots of experience unless he is looking for a job that suits his experience will not get a job for which he will be over qualified.
An experience guy might find it difficult to answer questions like �what is operator precedence?� at first, cause he has moved from there to advanced levels, but a guy straight out of college can perform better in the interview and get the job.
Also remember for just a techie job, a middle aged (or older) guy will be a liability on the company as that can change the dynamics of medical insurances and other benefits for himself and his family. The company would rather take in a less experienced person and spend less, the company will not tell that for legal reasons but that is an unwritten rule that they will follow.
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onemorecame
09-20 01:03 PM
Anyone received his rfe??
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eb3retro
08-19 03:35 AM
got my FP notice today..
I485 RD - 7/2/2007
ND - 8/3/2007
FP Date - 9/04/2007 (FP Notice received 8/18/2007)
Service Center - NE
I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?
I485 RD - 7/2/2007
ND - 8/3/2007
FP Date - 9/04/2007 (FP Notice received 8/18/2007)
Service Center - NE
I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?
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go_getter007
05-29 03:08 AM
You are in *their* country so you have to follow *their* laws. If you don't like it, you have two choices - suck it up OR get out of there.
GG_007
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
GG_007
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
more...
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Munna Bhai
12-26 06:50 PM
:confused:
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nervous-wreck
03-15 05:08 PM
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
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02-17 03:24 PM
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girijas
09-10 11:01 AM
There were discussing the first bill - something about horses.
They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)
They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)
dixie
08-03 01:25 PM
if there is diff emails with diff content it will be better. it will show diversity. even though we all will say the same thing.
on second thoughts i feel lou dobbs is unlikely to change his opinion even if 1K people send him mails. send it anyways to all other cnn anchors so that IV can get some coverage on cnn.
I feel sending anything to Lou Dobbs will only be counter-productive. We dont know for sure where he stands on EB visas, but the H1-B increase component in the SKIL bill is gauranteed to make him growl like a rabid dog. He is sure to paint it as an american-worker replacement bill.No coverage is better than coverage for numbersusa's point of view.
on second thoughts i feel lou dobbs is unlikely to change his opinion even if 1K people send him mails. send it anyways to all other cnn anchors so that IV can get some coverage on cnn.
I feel sending anything to Lou Dobbs will only be counter-productive. We dont know for sure where he stands on EB visas, but the H1-B increase component in the SKIL bill is gauranteed to make him growl like a rabid dog. He is sure to paint it as an american-worker replacement bill.No coverage is better than coverage for numbersusa's point of view.