sammas
07-12 03:57 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.
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.
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sriramkalyan
06-10 01:05 PM
I believe passing any law to make Immigrants life easy wont help Politicians in 2010 elections.
I remember Senator John cornyn did try to do some thing about it, but democrat Senators, Republican house was against it. That was before pre- recession. Now with 9.7% unemployment ..Politicians cannot do anything. Anything can happen only on USCIS budget side. Either they have to make Visa Current , new applications & Dollars. Or e rising FEES, Which they did it.
I remember Senator John cornyn did try to do some thing about it, but democrat Senators, Republican house was against it. That was before pre- recession. Now with 9.7% unemployment ..Politicians cannot do anything. Anything can happen only on USCIS budget side. Either they have to make Visa Current , new applications & Dollars. Or e rising FEES, Which they did it.
neverbefore
07-29 02:23 AM
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
Please desist from such irrelevant postings here. If you have a personal problem, at least display the intelligence to find the proper forum for it.
To answer your irrelevant question, such a thing can be protested best by not consuming the beer and most of all, to not give it publicity by laying bare your intellect at the wrong fora.
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
Please desist from such irrelevant postings here. If you have a personal problem, at least display the intelligence to find the proper forum for it.
To answer your irrelevant question, such a thing can be protested best by not consuming the beer and most of all, to not give it publicity by laying bare your intellect at the wrong fora.
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Macaca
07-01 11:28 AM
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Are you aware of a similar document that explains
country caps.
conditions that lead to initial retrogression. That is, from current to settingcurrent dates. This is what happened in Oct 2005 and will happen now when all dates are current. This is different from VB's that reset existing current dates.
Spencer HSU, Washington Post likes to rape USCIS. We can send him our issues if July VB is reset in the middle.
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Are you aware of a similar document that explains
country caps.
conditions that lead to initial retrogression. That is, from current to settingcurrent dates. This is what happened in Oct 2005 and will happen now when all dates are current. This is different from VB's that reset existing current dates.
Spencer HSU, Washington Post likes to rape USCIS. We can send him our issues if July VB is reset in the middle.
more...
EB2_Jun03_dude
02-21 05:11 PM
I-485: EB2 India with PD June 2003
I was wondering why I am I getting a LUD in Feb 08? (since EB2 India is 'U').
Now I know why :) it seems USCIS is getting ready for the deluge in April 08' :D
I was wondering why I am I getting a LUD in Feb 08? (since EB2 India is 'U').
Now I know why :) it seems USCIS is getting ready for the deluge in April 08' :D
hsm2007
10-05 01:29 PM
Hi Guys,
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
more...
wizkid732
07-30 07:47 AM
It is a painful long journey. Remember there are always alternatives, just be prepared and dont put all your eggs in one basket. I did that once GC, House and School all supported by one job and when I was laid off all came crashing.
I wish you all the very best.
15 years is too long. Khudos to you
I am not crying buddy, Just letting others know how they treat.You might have known about this already since you experienced it. Anyway, now I knew that there are more sad pasts here than mine.
FYI this is not my first H1, this is my second H1.Total 12 years since I landed in US for first time.
I wish you all the very best.
15 years is too long. Khudos to you
I am not crying buddy, Just letting others know how they treat.You might have known about this already since you experienced it. Anyway, now I knew that there are more sad pasts here than mine.
FYI this is not my first H1, this is my second H1.Total 12 years since I landed in US for first time.
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WAIT_FOR_EVER_GC
07-13 03:44 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
Why did you not open an SR. I was in the same situation, my company replied back to the RFE and the status still says we recieved your RFE. I opened an SR to find out my position this March, they said they are waiting for visa to get current.
Try opening an SR and just find status.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
Why did you not open an SR. I was in the same situation, my company replied back to the RFE and the status still says we recieved your RFE. I opened an SR to find out my position this March, they said they are waiting for visa to get current.
Try opening an SR and just find status.
more...
ramus
09-10 12:03 PM
So are you coming then?
Thanks.
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Thanks.
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pmb76
03-15 08:28 PM
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
more...
pappu
01-02 08:13 PM
I have posted about immigrationvoice.org in following yahoo groups
IIT- Global (2526 members)
IIT-midwest(317 members)
IITK-westcoast(766 members)
Inter IIT (4654 members)
I hope this helps.
Good Luck to All
-Shukla
Thank you very much
could you and couple of more members volunteer to post messages on the following sites
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
Pls post on this thread once you have posted.
IIT- Global (2526 members)
IIT-midwest(317 members)
IITK-westcoast(766 members)
Inter IIT (4654 members)
I hope this helps.
Good Luck to All
-Shukla
Thank you very much
could you and couple of more members volunteer to post messages on the following sites
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
Pls post on this thread once you have posted.
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imneedy
05-06 03:04 PM
They sent me a letter earlier asking for money to do the FOIA and asking for definition of Priority dates. I replied to that letter and recently I got response saying they have received my response and have all the answers for my FOIA request ( I believe they won't do anything unless they get money from me)
more...
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EB2_Jun03_dude
04-25 04:52 PM
Congrats!
Could you please tell us what those job titles were, starting from the original one?
Thanks
The original LC title was 'software engineer',
first AC21 job: 'Senior Consultant'
second AC21 Job: 'Senior Developer (AVP)'
Could you please tell us what those job titles were, starting from the original one?
Thanks
The original LC title was 'software engineer',
first AC21 job: 'Senior Consultant'
second AC21 Job: 'Senior Developer (AVP)'
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raj2007
03-07 02:50 PM
I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
Your vendor is desi guy?
I have never seen vendor informing the employer.
You are ok even if he cancels ur H1.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
Your vendor is desi guy?
I have never seen vendor informing the employer.
You are ok even if he cancels ur H1.
more...
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deepakjain
05-26 05:58 PM
Driver License issued till 2007 were not based on immigration [i797 or I94], I was issued driver license for 7 years...
Now a days DMV is asked for I-94 and I 797 or EAD card validity at the time of License renewal....
Tax return documents are also not a reflection of your immigration status or validity.
Many of us get confused on Visa Stamp on passport and Immigration status.
Visa Stamp is to let anyone cross the border and I-797 is a document which tells your immigration status. I might have a expired Visa on my passport but have a valid I-797.
If anyone asks you about Immigration Status it is advisible to show I-797 rather then anything else.
Now a days DMV is asked for I-94 and I 797 or EAD card validity at the time of License renewal....
Tax return documents are also not a reflection of your immigration status or validity.
Many of us get confused on Visa Stamp on passport and Immigration status.
Visa Stamp is to let anyone cross the border and I-797 is a document which tells your immigration status. I might have a expired Visa on my passport but have a valid I-797.
If anyone asks you about Immigration Status it is advisible to show I-797 rather then anything else.
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coopheal
05-06 08:54 PM
We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now....
If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.
If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.
more...
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vandanaverdia
09-11 06:09 PM
"The difference between the impossible and the possible lies in a person's determination."
Tommy Lasorda
Only YOU can convince yourself to do what is right for you right now. The time now is to march to DC!!!
Help IV help you....
GO IV!!!!
Tommy Lasorda
Only YOU can convince yourself to do what is right for you right now. The time now is to march to DC!!!
Help IV help you....
GO IV!!!!
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pappu
01-10 06:27 PM
thank you very much
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Mr.Z
12-09 01:43 PM
Hi friends,
I need your help!!!
I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?
Thank you very much...
I need your help!!!
I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?
Thank you very much...
ramus
07-03 07:58 AM
/\/\/\/\/\/\/\/\
greatzolin
08-15 04:18 PM
They should have continued down to EB3 w/ those dates..!
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