unitednations
02-13 09:07 PM
I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
wallpaper Hollywood Actress Tia Mowry
tikka
07-03 06:46 PM
Dugg both.
thank you :)
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 111
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 130
we can also digg comments..
thank you
thank you :)
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 111
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 130
we can also digg comments..
thank you
kate123
09-25 07:14 PM
Here is the link:
Visa Bulletin for July 2008 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html)
Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830
Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.
It appears that DOS does spill-over every quarter.
Visa Bulletin for July 2008 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html)
Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830
Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.
It appears that DOS does spill-over every quarter.
2011 tia mowry wedding pictures.
Subst_labor
03-16 01:24 PM
If the prior experience was related to your field, then I don't see why not. You may want to hurry because if USIS comes with 45-day labor expiration rule soon (which they may), you may not be able to use the prior approved labor.
arent you in conflict with chanduv23's reply? i am stuck between both of the ideas:) not worried about the bill, its not a law yet..
arent you in conflict with chanduv23's reply? i am stuck between both of the ideas:) not worried about the bill, its not a law yet..
more...
vdlrao
07-21 02:56 PM
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
yabadaba
06-27 03:21 PM
awesome reply! I still have the color question open to macaca. now instead of red blue/bold/non bold he has started using green also. either he is color blind or i am going to end up color blind when i read the news article thread
maybe i should wish that i was color blind
maybe i should wish that i was color blind
more...
iviviv
10-09 01:14 PM
Been contemplating Australian or Canadian migration to get around the retrogresion issue. Are there any former H-1Bs out there who got Canadian citizenship and then applied for US green cards? Please describe your experiences.
How about any Australan nationals who obtained Australian nationality and then
obtained US green cards?
Please describe your experiences- both good and bad.
How about any Australan nationals who obtained Australian nationality and then
obtained US green cards?
Please describe your experiences- both good and bad.
2010 makeup Tia Mowry Announces her
okuzmin
07-11 07:48 PM
Another option for future Canadian PR's: you can get a business visa to come to the USA. US consulates give such visas much easier to Canadian PR's rather than to just a citizen of India, China, Russia, etc.
Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.
Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.
more...
paskal
12-13 12:00 PM
--I think, per country quota system was framed with diversification as underlying principle, not discrimination.
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
if you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity. Diversity is the nice sounding cloak. there is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? it was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math.
also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?
to the person bringing up caste system and fences, here is my proposal.
i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line.
either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong.
none of this is an argument for a legal approach. just responding to stuff here. the "colonizing" comment was really something. have the author been visiting FAIR??
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
if you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity. Diversity is the nice sounding cloak. there is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? it was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math.
also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?
to the person bringing up caste system and fences, here is my proposal.
i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line.
either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong.
none of this is an argument for a legal approach. just responding to stuff here. the "colonizing" comment was really something. have the author been visiting FAIR??
hair images Tia Mowry-Hardrict (who
thomachan72
03-27 03:14 PM
Indian democracy can throw many surprises
I think UPA will get 273 and if that's the case then MMS
If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.
And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)
then we will see real democracy (read lust for power)
First 6 month Mayawati >> Followed by Jayalalita / SASIKALA for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)
Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.
Just added something you forgot:D
I think UPA will get 273 and if that's the case then MMS
If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.
And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)
then we will see real democracy (read lust for power)
First 6 month Mayawati >> Followed by Jayalalita / SASIKALA for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)
Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.
Just added something you forgot:D
more...
gomirage
06-15 06:26 PM
dilipcr,
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
Now you have reeally scared Dilipcr !!! lol
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
Now you have reeally scared Dilipcr !!! lol
hot tia mowry wedding.
thepaew
12-13 04:04 PM
I dont think that the per-country cap on immigration is "Unconstitutional." It may not seem fair to those affected but it does not violate any article of the US consititution. The country has a right to regulate its borders; that is its right. We should try to argue that the policy is counter-productive and harmful - not that it is illegal.
more...
house Wildflower Wedding
AirWaterandGC
05-09 09:19 PM
I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.
On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.
Stop the bashing of countries with stupid generalizations like cost of living and bad doctors. This is ridiculous. See my other posts dispelling Canadian misconceptions. That your friends or whoever has had badluck in Canada is probably as much due to their lack of perperation and research before going there coupled with their socialist sense of entitlement.
And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).
But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.
It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.
I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.
If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.
On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.
Stop the bashing of countries with stupid generalizations like cost of living and bad doctors. This is ridiculous. See my other posts dispelling Canadian misconceptions. That your friends or whoever has had badluck in Canada is probably as much due to their lack of perperation and research before going there coupled with their socialist sense of entitlement.
And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).
But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.
It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.
I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.
If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.
tattoo wallpaper Tia Mowry Wedding Pictures tia mowry wedding.
sachug22
09-17 11:06 AM
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.
Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.
In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.
Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.
more...
pictures images Tia mowry wedding pictures tia mowry wedding.
Mount Soche
02-14 01:09 PM
Bestia,
I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.
I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.
Man... you can't bring some example, not to be accused of something... Come on guys.
Happy Valentine's Day.
I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.
I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.
Man... you can't bring some example, not to be accused of something... Come on guys.
Happy Valentine's Day.
dresses tia mowry wedding pictures
Macaca
06-27 06:52 AM
this depends on the number of approvals and not on the number of applications received. Even if there are tons of applications received, unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
more...
makeup hot of The Game, Tia Mowry.
ronhira
01-13 04:34 PM
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
so what's the problem..... y don't iv get these provisions done? what r we waiting for?
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
so what's the problem..... y don't iv get these provisions done? what r we waiting for?
girlfriend Tia mowry wedding pictures –
RattuRani
06-03 09:39 PM
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
hairstyles tia mowry. tyra-banks. Beyonce
sri1309
09-25 06:56 PM
The logic is that you are 'putting down roots' by buying a house. If all it takes is proof of closing a mortgage, one could always turn around and sell the house. somethng like that would undermine the credibility of IV in the medium/long run.
I had initially advocated treating first time home buying as the same as marriage to an American citizen. In my opinion, that is a short,sweet,simple and sensible approach to follow that will also resonate/stick in lawmakers minds (rather than a long,rambling letter, no offense meant to the writers, it was quite well put together).
Ghee agar seedhi ungli... I guess you can complete..
I had initially advocated treating first time home buying as the same as marriage to an American citizen. In my opinion, that is a short,sweet,simple and sensible approach to follow that will also resonate/stick in lawmakers minds (rather than a long,rambling letter, no offense meant to the writers, it was quite well put together).
Ghee agar seedhi ungli... I guess you can complete..
samay
08-07 12:27 PM
Hi
Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?
Thanks
Yes.
Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?
Thanks
Yes.
johnmcdonald98
03-26 06:47 PM
And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?
thanks,
I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?
thanks,
No comments:
Post a Comment