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:)
wallpaper March+2011+calendar+india
StuckInTheMuck
07-28 12:52 PM
Next thing we will see is a thread saying......."I just shook hands with Donald Duck" and we will start investigating the characters immigrant status, ethnicity and religious leanings.
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 :(
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 :(
bpratap
02-11 07:35 PM
If someone port their EB3 i-485 to EB2, say somebody who's PD is in 2002.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
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bfadlia
05-27 05:57 PM
I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.
And color photos of expiring EAD when renewing that too
still so dumb, people own color scanners and color printers at home and can do whatever they want there, y u need restrictions in stores
And color photos of expiring EAD when renewing that too
still so dumb, people own color scanners and color printers at home and can do whatever they want there, y u need restrictions in stores
more...
rock
06-22 10:54 PM
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
Hi voldemar,
I am also in the similar but not exact situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485. I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?
I would appreciate the answers and any official links if available.
Thanks
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
Hi voldemar,
I am also in the similar but not exact situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485. I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?
I would appreciate the answers and any official links if available.
Thanks
kkt_tkk
03-07 08:24 PM
Hi,
I am flying (to BWI) from MI, need accomodation during my stay.
Please let me know.
Thanks,
KKT
I am flying (to BWI) from MI, need accomodation during my stay.
Please let me know.
Thanks,
KKT
more...
pappu
07-03 04:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
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vik352
07-01 06:12 PM
We already called the local lawmakers. This online petition can have two columns, one for people who are suffering because of this per country quota and other for people who support the idea (Friends/relatives/coworkers). We can start the petition and we may generate 100K signatures.
mpadapa: We will let you have the 1000001th signature:)
mpadapa: We will let you have the 1000001th signature:)
more...
Beemar
01-18 02:45 AM
I have a slightly off track question. Can the creator of this thread, and other guys who also said they got laid off too, name their companies. I am just curious to know which companies are going through downsizing.
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andycool
09-10 02:33 PM
What are the hopes for EB3-I?
ZERO
Till we spend our time in predictions and tracking, till the time we stop jumping the gun in calling for lawsuits, till the time we stop interpreting the INA to find a smoking gun, till the time we stop calling names for USCIS and DOS, till the time we stop blaming 245(i), till the time we stop engaging in eb2 v/s eb3 fight, till the time we stop fighting with each other over irrelevant things, till the time we stop creating these stupid polls, till the time we stop engaging in "number crunching" whatever that means, until that time there is ZERO hope for Eb3-I. Once we stop wasting our time on all these irrelevant things, we will then start spending our time on more meaningful things like speaking with the members of Congress. Then, and only then, there will be a chance of anything good happening for EB3-I.
Port to EB-2 ......
ZERO
Till we spend our time in predictions and tracking, till the time we stop jumping the gun in calling for lawsuits, till the time we stop interpreting the INA to find a smoking gun, till the time we stop calling names for USCIS and DOS, till the time we stop blaming 245(i), till the time we stop engaging in eb2 v/s eb3 fight, till the time we stop fighting with each other over irrelevant things, till the time we stop creating these stupid polls, till the time we stop engaging in "number crunching" whatever that means, until that time there is ZERO hope for Eb3-I. Once we stop wasting our time on all these irrelevant things, we will then start spending our time on more meaningful things like speaking with the members of Congress. Then, and only then, there will be a chance of anything good happening for EB3-I.
Port to EB-2 ......
more...
justAnotherFile
12-30 05:25 PM
this is mostly a san-diego base community not sure how popular it is in other cities.
http://www.sasural.com/san_diego/classifieds/counseling/view/?10841
http://www.sasural.com/san_diego/classifieds/counseling/view/?10841
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engineer
06-12 11:51 AM
http://politicalticker.blogs.cnn.com/
more...
house weekly calendar march 2011.
nlssubbu
09-24 01:55 PM
check with your attorney if a birth certificate issued by the consulate is ok
They provide it based on the passport - and then you may attach an affidavit
I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.
They provide it based on the passport - and then you may attach an affidavit
I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.
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nobody
03-12 12:08 AM
I voted thirdworldman. I'm kind of a sucker for the curved thing, though the train would have to be broken into soo many segments for it to actually corner a corner like that, we'll just assume it'd work :beam:
I liked the texturing and all the most actually, the walls are cool :thumb:
I liked the texturing and all the most actually, the walls are cool :thumb:
more...
pictures Calendar 2011 - Public
logiclife
04-20 01:55 PM
Attn: California Members – Please participate in this event to support STRIVE ACT.
This is a town-hall meeting organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.
Address:
1775 Story Road.
San Jose CA 95122.
Date and Time:
Saturday April 21 4:00 PM.
Purpose:
To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog. You can also ask questions during the Q&A to Congressman Gutierrez.
Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org
Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).
Questions:
If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)
This is a town-hall meeting organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.
Address:
1775 Story Road.
San Jose CA 95122.
Date and Time:
Saturday April 21 4:00 PM.
Purpose:
To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog. You can also ask questions during the Q&A to Congressman Gutierrez.
Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org
Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).
Questions:
If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)
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varshadas
02-04 08:04 PM
Well Bridgewater temple did not allow us to distribute flyers. Its against their policy. All we could do is stick the flyer on the community bulletin board and give it to the manager and the Vice Chariman of the temple. I got the telephone numbers of the Chairman of PR of the temple. I am going to call her tomorrow. Sanjay and Ajay are going to distribute the flyers at Metropark sometime this week. Sanjay is going to follow up futher with EBC. Ajay is going to follow up with the newspapers. Rajeev, did you try to get in touch with your local congressman? If not, please do so asap and keep pursuing until you get a decision from them. This actually goes for everyone of us. Please follow up with the congressmen until you get a decision from them.
Thanks,
Varsha
Thanks,
Varsha
more...
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485Question
09-18 10:46 PM
All I want to stress are these keywords in all our prints "Legal - Highly Skilled"
And well learned.
And well learned.
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go_guy123
10-05 09:49 PM
Guys,
Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card
Congratulations...did you get the client letter to satisfy the new Employer-Employee relationship requirement. Was your H1B approved for just the duration of the project.
Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card
Congratulations...did you get the client letter to satisfy the new Employer-Employee relationship requirement. Was your H1B approved for just the duration of the project.
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akhilmahajan
03-09 08:33 PM
When u say Efile, do u have to send any paperwork.
Also, everytime we renew EAD, so we need to go for Fingerprinting.
As far as i understood, FP is good for 15 months.
Thanks.
Also, everytime we renew EAD, so we need to go for Fingerprinting.
As far as i understood, FP is good for 15 months.
Thanks.
rongch60
07-13 03:56 PM
All the data shows that we have 20K EB2 I/C with PD before 6/1/2006, and it is comparable with the unused 20K quota from EB1 and EB2-ROW. As stated by Openhemer, the 2 year jump is due to the spillover of 20K to EB2 instead of EB3-ROW and there will NOT be any significant retrogression in Oct. However, a petition is being organized in this forum to stopping this spillover. Only if the petition succeed, we will see EB2 date goes back to 2004.
meridiani.planum
03-07 05:10 PM
I was told that for AC21 we need to spend atleast 180 days counted from Reciept Date.
What is Reciept Date as we dont see that exact wording on reciepts.
Our 485 reciept has Notice Date and Received Date? What is Reciept Date from here?
receipt date = received date.
What is Reciept Date as we dont see that exact wording on reciepts.
Our 485 reciept has Notice Date and Received Date? What is Reciept Date from here?
receipt date = received date.
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