pappu
03-12 01:48 PM
I fully support this donor forum. there should be some incentive for members who donate. they are not doing it because they have lots of money to spare, but they sacrifice because they believe in this cause. I don't think $25 is going to break anyone's bank. Just sacrifice something that you consume/enjoy every week, and donate that.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
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villamonte6100
04-01 02:19 PM
Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...
Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.
Think about that.
Mirage,
I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.
We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.
I think the same is true in your country.
How would you think people in you country or governmnet would react if a foreigner start to question your immigation policy.
Think about that.
addsf345
11-08 02:09 PM
Gurus,
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
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sam_hoosier
08-26 01:47 PM
I know this is not the Forum to discuss this matter.
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
I am not sure thats correct.
Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
(please consult your tax advisor for applicability to your specific tax situation).
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
I am not sure thats correct.
Per IRS regulation Section 163 (C), as well as Publication 936, interest paid on primary and secondary residences up to an aggregate one million dollars in loan amount is tax deductible. The IRS regulation does not specify that the home must be located in the United States, and thus it seems logical that interest paid on a home loan on property in India is in fact deductible
(please consult your tax advisor for applicability to your specific tax situation).
more...
mirage
08-04 11:59 AM
I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Emplyee can bear all the GC related cost.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
That was your choice.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
One hand, you are saying guessing and still insist that it is based on facts.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
That was your choice.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
One hand, you are saying guessing and still insist that it is based on facts.
GCBy3000
01-03 02:11 PM
I am confused and think about this daily. I am here in US for the past 8+ years and I am 33 now. All my friends who have stayed back in India are in very good managerial position and earning well. Money is not the issue now, but the career.
I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.
In India:
1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
3. I am not getting project manager position as I do not have any managerial experience.
If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.
I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.
I thought about going back to India and when I started the job search, I ended up seeing myself aged out. Being stuck with my GC, I am now continuing as a Sr Software er for the past 8 years. I did not move up an inch all these years and I did not think it is going to affect my career till now. Now if I look back, I sometime think that I have made wrong choices unknowingly.
In India:
1. I am not fit for Sr Software Er position as guys from college with 2+ years of experience fills that position.
2. I dont want tech lead / team lead as I hear from my friends there it is going back 5years for me for my age.
3. I am not getting project manager position as I do not have any managerial experience.
If I get a good position in India, I am ready to go back. At the same time, I have two kids who are born here in US and I own a house (technically I am proud owner of mortgage debt not house) here in US. I have to close all my debts before I decide to go back.
I AM NOT IN CLEAR STATE OF MIND. MAY BE GETTING GC WILL HELP ME OUT.
more...
eastindia
09-27 12:52 PM
I am waiting for 14 yrs.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
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USDream2Dust
07-11 10:41 AM
First new Iphone and now this news. I am still in Sep 06 but this type of things keeps the hope alive :).
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Saburi
03-09 03:34 PM
Hello Friends:
As i was expecting, this happened exactly like that its nothing to be shocked of when some thing does not move for 4 months in a row for EB3 I then what do you expect to get this move so fast looking at the patern right now i think the next month and for the next 3 months atleast it will be the same dates and if we are lucky then it might move and be Dec 2001 after few months.
My PD is Dec 2001 6th Dec 2001 to be very exact so may be after Jul 2009 my PD will be current but look at people who are EB3 I and thier PD is 2003 to 2007 forget about GC this 10 years, unless there is a big releaf given by Mr. Change (Obama) which is unlikely to happen atleast for 2 years from now as he has lot of other important issues to resolve such as terrorisim, Economy, and much more bigger issues.
The only way we can make somebody look at us is having a big protest on the streets of Washington DC and doing some massive campaign such as writing to Obama, just imagine if every one of us writes to Obama about our pain there will be atleast 500000 letters or email he might be receiving with a big rally in Washington, this might make this look like a big problem for everybody even Mr Chnage will have to pay attention to this we are not asking for amnesty or favaouring Illegal immigration and i am sure every body will agree or atleast won't dis agree to the fact of our demands to get more visas or atleast have the recaptured visa make available for EB3 I.
I am not a big time voluntier or have participate in any rallies so far but would not mind to do if this could resolve everybody's problem, as mentioned above my PD is Dec 2001 and would be very soon out of this atleast would not have to wait for years and years for this PD to be current but the cause of doing this is once i get my GC i will be not visiting this site more frequently, and the number people in this forum will be far lesser that what we are now, atleast 500000 people.
If this does not sound a good advice please excuse me but if this does sounds good please if somebody can draft a letters and post it so everybody can email this to the president.
And please do not ask me for any contribution finialcailly as i am broke and tring to recover from my debts, finally have got a secured job but since its a bad economy not getting paid much that i can contribute any dollars towards this nobel cause.
As mentioned earlier please forgive me if this sounds too lenghty and stupid to even read this.
As i was expecting, this happened exactly like that its nothing to be shocked of when some thing does not move for 4 months in a row for EB3 I then what do you expect to get this move so fast looking at the patern right now i think the next month and for the next 3 months atleast it will be the same dates and if we are lucky then it might move and be Dec 2001 after few months.
My PD is Dec 2001 6th Dec 2001 to be very exact so may be after Jul 2009 my PD will be current but look at people who are EB3 I and thier PD is 2003 to 2007 forget about GC this 10 years, unless there is a big releaf given by Mr. Change (Obama) which is unlikely to happen atleast for 2 years from now as he has lot of other important issues to resolve such as terrorisim, Economy, and much more bigger issues.
The only way we can make somebody look at us is having a big protest on the streets of Washington DC and doing some massive campaign such as writing to Obama, just imagine if every one of us writes to Obama about our pain there will be atleast 500000 letters or email he might be receiving with a big rally in Washington, this might make this look like a big problem for everybody even Mr Chnage will have to pay attention to this we are not asking for amnesty or favaouring Illegal immigration and i am sure every body will agree or atleast won't dis agree to the fact of our demands to get more visas or atleast have the recaptured visa make available for EB3 I.
I am not a big time voluntier or have participate in any rallies so far but would not mind to do if this could resolve everybody's problem, as mentioned above my PD is Dec 2001 and would be very soon out of this atleast would not have to wait for years and years for this PD to be current but the cause of doing this is once i get my GC i will be not visiting this site more frequently, and the number people in this forum will be far lesser that what we are now, atleast 500000 people.
If this does not sound a good advice please excuse me but if this does sounds good please if somebody can draft a letters and post it so everybody can email this to the president.
And please do not ask me for any contribution finialcailly as i am broke and tring to recover from my debts, finally have got a secured job but since its a bad economy not getting paid much that i can contribute any dollars towards this nobel cause.
As mentioned earlier please forgive me if this sounds too lenghty and stupid to even read this.
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lonedesi
08-12 04:04 PM
The answer is "No" - my employer is also not willing to sign that form. They are saying that its against their policy to push Ombudsman or CIS for a I-140 which is pending for 15 months.
They are saying that the only thing they can do for me is "opening a service request" after 60 days of "Processing Date Update" Now Processing Date update is stuck @ Mar 22nd 2007 for last 4 months , so they are happy they are not obligated to do that either.
This is a huge Pain because 140 is actually employer petition and we are beneficiaries.
Lonedesi - Please advise, I'm ready to mail just the letter to CIS Ombudsman.
As mentioned in my previous post (http://immigrationvoice.org/forum/showpost.php?p=274156&postcount=32), it would not be of much help without completed DHS Form 7001.
If all you can do is send a letter, then be prepared to just receive a general response from the Ombudsman's office. They will never be able to look into your specific case and see if there are any reason for the delay in processing your case. They may not be obligated to specifically address this problem for us. They can just send you a standard response and move on without actually helping you.
Given your situation, I think you may as well take a chance and send the letter including all the details(A#, receipt numbers etc) provided on the DHS Form in your letter, so that they can atleast look into your case, if they want to.
They are saying that the only thing they can do for me is "opening a service request" after 60 days of "Processing Date Update" Now Processing Date update is stuck @ Mar 22nd 2007 for last 4 months , so they are happy they are not obligated to do that either.
This is a huge Pain because 140 is actually employer petition and we are beneficiaries.
Lonedesi - Please advise, I'm ready to mail just the letter to CIS Ombudsman.
As mentioned in my previous post (http://immigrationvoice.org/forum/showpost.php?p=274156&postcount=32), it would not be of much help without completed DHS Form 7001.
If all you can do is send a letter, then be prepared to just receive a general response from the Ombudsman's office. They will never be able to look into your specific case and see if there are any reason for the delay in processing your case. They may not be obligated to specifically address this problem for us. They can just send you a standard response and move on without actually helping you.
Given your situation, I think you may as well take a chance and send the letter including all the details(A#, receipt numbers etc) provided on the DHS Form in your letter, so that they can atleast look into your case, if they want to.
more...
amitkhare77
11-08 04:25 PM
My company filed labor application on 13th September 2010 and it was approved on 2nd November 2010. Now getting ready for I-140. I thought I will share this info with the forum
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immuser
07-20 04:51 PM
http://www.immigration.com/newsletter1/dolsta1207.pdf
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
Many who had labor pending under the old system, applied in PERM also. So it is 144k minus duplicates. But, I have no idea know many are duplicates
there were 144,000 PERM's done between oct 2006- march 2007
india, china have retro for both EB2 and EB3
mexico, philippines and bunch of other countries have retro for EB3
PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application
Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.
Many who had labor pending under the old system, applied in PERM also. So it is 144k minus duplicates. But, I have no idea know many are duplicates
more...
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eb3_nepa
07-15 10:52 AM
I am very happy to see this campaign take off so well (touch wood). Thanks SkilledWorkerForGC for keeping track of contributions
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amitjoey
08-12 11:46 AM
Just dont get what the senator is intending here ....
Not sure if senator is missing it or dodging it ....
The senator is missing it or dodging it - it clearly means one thing -we are invisible as constituents. We are being taken for a ride only because we do not speak up or go meet our lawmakers. They do not see us as ordinary constituents having the same issues as their other constituents. The whole human -angle is missing.
We have to go meet our lawmakers and explain to them our part of the story/ They need to be told and made aware that we live in their constituencies and our grievances are genuine and need to be addressed.
And although this particular bill does not affect people that are here already.. Beware!! the noose is tightening- the next on the chopping block is EB Immigrants.
Not sure if senator is missing it or dodging it ....
The senator is missing it or dodging it - it clearly means one thing -we are invisible as constituents. We are being taken for a ride only because we do not speak up or go meet our lawmakers. They do not see us as ordinary constituents having the same issues as their other constituents. The whole human -angle is missing.
We have to go meet our lawmakers and explain to them our part of the story/ They need to be told and made aware that we live in their constituencies and our grievances are genuine and need to be addressed.
And although this particular bill does not affect people that are here already.. Beware!! the noose is tightening- the next on the chopping block is EB Immigrants.
more...
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amsgc
06-26 12:55 AM
In this debate, it is important to consider what "America" really means:
It is not just tech. companies or the USCIS - it is every big, small and mid-size enterprise, school, hospital, university, firestation, state/federal govt etc. It is the local community in which we live, the neighbors we interact with, the folks at the check out counters, our children's daycare, and ofcourse it is our fellow American co-workers, supervisors and friends.
In the final cost & benefit analysis, I am just curious to understand how America stands to gain by preventing the free movement of high skilled labor and intellect across the country. How does it benefit by preventing individuals from getting a higher education or a promotion. It is already too late for most of us to give up at this stage of the process, so most of us will wait it out, and eventually get the green card. If it is going to be 5 yrs. from now, then why not now?
Perhaps the questions should be:
"What is America gaining by keeping high skilled individuals in this state of perpetual limbo"?
And
"What is the cost to America of giving out a Green Card to a high skilled immigrant whose petition to immigrate has been approved by the US govt.?"
It is not just tech. companies or the USCIS - it is every big, small and mid-size enterprise, school, hospital, university, firestation, state/federal govt etc. It is the local community in which we live, the neighbors we interact with, the folks at the check out counters, our children's daycare, and ofcourse it is our fellow American co-workers, supervisors and friends.
In the final cost & benefit analysis, I am just curious to understand how America stands to gain by preventing the free movement of high skilled labor and intellect across the country. How does it benefit by preventing individuals from getting a higher education or a promotion. It is already too late for most of us to give up at this stage of the process, so most of us will wait it out, and eventually get the green card. If it is going to be 5 yrs. from now, then why not now?
Perhaps the questions should be:
"What is America gaining by keeping high skilled individuals in this state of perpetual limbo"?
And
"What is the cost to America of giving out a Green Card to a high skilled immigrant whose petition to immigrate has been approved by the US govt.?"
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chanduv23
05-15 10:27 AM
dear members,
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
more...
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gk_2000
08-24 01:38 PM
I dont have any opinions on the main topic here - just wanted to chime in on this one...
Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...
So this actually supports my point. There is no "loophole" to close.
I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself
Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with
Many CEOs work for $1 a year - thats just the salary component and only one side of the story. There is another side to it - stocks and options. No one gives up the stocks that they keep getting every year..infact, for many of these guys, the salary is just a drop in the bucket. Their real cash cow is the hundreds of thousands in stocks that they receive each year. Nobody gives those up. The $1 per year is mostly a publicity thing...
So this actually supports my point. There is no "loophole" to close.
I recommend my friends snathan and swissgear to avoid actions based on jealousy over people just like yourself. But hurting them you hurt yourself
Giving reds - is that the only thing you can do? Do you want more "helpful" posts from me? I wish to avoid the specifics of your arguments or rebukes, as they are not important here, so if my replies are not "helpful" then perhaps your arguments are irrelevant to begin with
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wandmaker
05-23 08:54 AM
wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....
....not for an argument but a query
It is not automatic - santb1975 has to manually go through the posts and update the list. Manual error happens - if your/anyone's name is missing, please do post in this thread, the list will be updated as soon as possible (not in the next minute or hour).
....not for an argument but a query
It is not automatic - santb1975 has to manually go through the posts and update the list. Manual error happens - if your/anyone's name is missing, please do post in this thread, the list will be updated as soon as possible (not in the next minute or hour).
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ngodisha
09-09 11:41 AM
Paypal contribution of $300. I cannot make it to the rally because of prior commitments. Thanks to all who are going to be at the rally in person.
I feel good after making the contribution. Hopefully, several others will join this contribution drive and experience this good feeling first hand.
Good luck to all.
I feel good after making the contribution. Hopefully, several others will join this contribution drive and experience this good feeling first hand.
Good luck to all.
willwin
06-10 10:30 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!
enjoy!!!
"E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. 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. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."
Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!
enjoy!!!
"E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. 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. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."
chanduv23
02-25 07:33 AM
Yesterday, @seaworld, the oldest Shamu got frustrated and killed the trainer. Imagine the level of frustration that goes through her when she is doing the smae thing again and again for 20 years.
