sledge_hammer
03-13 03:40 PM
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act 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 unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Does "calendar quarter" mean that only within a fiscal year unused visa numbers are made re-available, but does not spill over to the next fiscal year?
My take is that there is horizontal spill-over in unused visa numbers - correct?
Section 202(a)(5) of the Immigration and Nationality Act 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 unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Does "calendar quarter" mean that only within a fiscal year unused visa numbers are made re-available, but does not spill over to the next fiscal year?
My take is that there is horizontal spill-over in unused visa numbers - correct?
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voldemar
01-30 01:16 PM
No, 45 days condition is not for "to file 140 within 45 days of labor approval"
But it is for the company to substitute the LC for some other employee within 45 days.
There is no time limit set to file I-140 for the employee for whom the LC was issued.Where do you get this from? In original proposal it was 45 days to file I-140, after that day labor just dies. Company can request substitution only before labor approval.
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-1248.pdf
-----------------
First, DOL is proposing to
eliminate the current practice of
allowing the substitution of alien
beneficiaries on permanent labor
certification applications and resulting
certifications. Second, DOL is proposing
a 45-day period for employers to file
approved permanent labor certifications
in support of a petition with the
Department of Homeland Security,
United States Citizenship and
Immigration Services (DHS).
---------------------------
But it is for the company to substitute the LC for some other employee within 45 days.
There is no time limit set to file I-140 for the employee for whom the LC was issued.Where do you get this from? In original proposal it was 45 days to file I-140, after that day labor just dies. Company can request substitution only before labor approval.
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-1248.pdf
-----------------
First, DOL is proposing to
eliminate the current practice of
allowing the substitution of alien
beneficiaries on permanent labor
certification applications and resulting
certifications. Second, DOL is proposing
a 45-day period for employers to file
approved permanent labor certifications
in support of a petition with the
Department of Homeland Security,
United States Citizenship and
Immigration Services (DHS).
---------------------------
fasterthanlight�
06-22 07:31 PM
wow it's just a stupid poll on a friggin PS battle guys, you sound so desperate...
Thats because I want to win dammit.
Thats because I want to win dammit.
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chanduv23
04-28 08:49 PM
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
more...
venky08
11-10 03:46 AM
:D
right on money!!!- you stole my thoughts dude...thats exactly how i think...
Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.
right on money!!!- you stole my thoughts dude...thats exactly how i think...
Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.
caliguy
10-29 02:20 PM
As of 10:30 AM PST (Thursday), I have responsed to all requests for Sample letter, details of officer at TSC and steps to reach IO at TSC.
If you have not received an email from me, please send me a message again. It's been almost impossible to keep up with all the requests I have received since last night.
Any requests that I get after 10:30 AM PST, I will respond to them tonight.
Good luck and keep the faith....
If you have not received an email from me, please send me a message again. It's been almost impossible to keep up with all the requests I have received since last night.
Any requests that I get after 10:30 AM PST, I will respond to them tonight.
Good luck and keep the faith....
more...
gk_2000
04-22 11:05 AM
This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.
A question -- has IV considered challenging the country quota in court? Because the Constitution forbids discrimination based on country of origin..
A question -- has IV considered challenging the country quota in court? Because the Constitution forbids discrimination based on country of origin..
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Bradman
11-09 10:06 AM
What you think and suggest is your problem. I know what all i had go through to be where I am today. I did a receive a call on either occasion from the Presidents office. As a matter of fact when I wrote to the FL and the Senators office then too I received calls.
Keep you subject very precise and on the top of envelop remember to mention "Immigration Assistance". Please use ordinary mail 41 cents stamp and wait and watch.
All the best !!!!
Forgot to mention on all the instance I had sent hand written personal letters just stating traumatic situation which I am going through. Also remember this is a request which we are asking for and there is no moral obligation on their part to expedite.
Cheers !!!
Bradman
Keep you subject very precise and on the top of envelop remember to mention "Immigration Assistance". Please use ordinary mail 41 cents stamp and wait and watch.
All the best !!!!
Forgot to mention on all the instance I had sent hand written personal letters just stating traumatic situation which I am going through. Also remember this is a request which we are asking for and there is no moral obligation on their part to expedite.
Cheers !!!
Bradman
more...
sri1309
12-15 08:57 PM
sent my story again.. pls keep writing..tell them that this action need not wait on anything..
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sanju
03-11 11:22 AM
Green.Tech,
I understand where you are coming from. And I am sorry that some of my recent posts were irresponsible.
Frankly, after mumbai attack I have been a different person. I come to this forum to learn and provide any information I can provide. But it bothers me to see few jerks like mirage who don't have any clue of how things work, and they just start posting on the forum "remove country limits, remove country limits, remove country limits, remove country limits, remove country limits, remove country limits, remove country limits" 30 times a day, as if that will be sufficient to remove country limits. And in more ways this uneducated style bothers me. I will try to ignore it and go my way.
I am right now going to speed dial that other side of me, good and informative side.
.
Sanju,
I am not condoning what 'mirage' said to you or any such irresponsible behavior on the forum BUT your complaints to the moderators would have carried more weight if you were behaving in a modest and civil way yourself. Of late, you leave no stone unturned to write flaming messages to piss off others on this forum. All this is super surprising to me because I remember you used to write really good and informative posts. It's like you suddenly lost it or that the other sanju was someone else!
Let's not all fight among ourselves. We have so many other better things to do!
Green.Tech
I understand where you are coming from. And I am sorry that some of my recent posts were irresponsible.
Frankly, after mumbai attack I have been a different person. I come to this forum to learn and provide any information I can provide. But it bothers me to see few jerks like mirage who don't have any clue of how things work, and they just start posting on the forum "remove country limits, remove country limits, remove country limits, remove country limits, remove country limits, remove country limits, remove country limits" 30 times a day, as if that will be sufficient to remove country limits. And in more ways this uneducated style bothers me. I will try to ignore it and go my way.
I am right now going to speed dial that other side of me, good and informative side.
.
Sanju,
I am not condoning what 'mirage' said to you or any such irresponsible behavior on the forum BUT your complaints to the moderators would have carried more weight if you were behaving in a modest and civil way yourself. Of late, you leave no stone unturned to write flaming messages to piss off others on this forum. All this is super surprising to me because I remember you used to write really good and informative posts. It's like you suddenly lost it or that the other sanju was someone else!
Let's not all fight among ourselves. We have so many other better things to do!
Green.Tech
more...
saimrathi
07-18 09:18 AM
Date Delivered To USCIS: 7/2/07
Time Delivered To USCIS: 7.30 AM
Service Center: NSC
Rejected: Dont Know
PD: Mar 2005
Time Delivered To USCIS: 7.30 AM
Service Center: NSC
Rejected: Dont Know
PD: Mar 2005
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485Mbe4001
06-05 07:04 PM
and who/how will we bell that cat(or similar cats)?
Thank you for making the calls.
I just called all the numbers and left messages. Wouldn't it be more impactful if we have someone like Vinod Khosla represent us. These calls are great but someone who can walk directly into the Congresswoman/Congressman office will give us greater mileage in our efforts.
Thank you for making the calls.
I just called all the numbers and left messages. Wouldn't it be more impactful if we have someone like Vinod Khosla represent us. These calls are great but someone who can walk directly into the Congresswoman/Congressman office will give us greater mileage in our efforts.
more...
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pappu
12-30 09:30 AM
Thank you for posting this action item on other websites
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msp1976
02-11 07:02 PM
My suggestion to all is let's give it some time...When IV core delivers on the bill..The pie would be bigger and this whole discussion would be rendered meaningless in a minute....If everything is current we would not have the conversation at all....
more...
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nish03
03-13 01:32 PM
employment and family
Right, but employment and family are further broken into sub categories. Which group is FX (F1, F2,etc) and which one is EX(EB-1,EB-2,etc)? I see these two categories that are generally not in the visa bulletin I see on the state gov's web site:
FX 1 May 2002 1 May 2002
EX Unavailable Unavailable
thanks
Right, but employment and family are further broken into sub categories. Which group is FX (F1, F2,etc) and which one is EX(EB-1,EB-2,etc)? I see these two categories that are generally not in the visa bulletin I see on the state gov's web site:
FX 1 May 2002 1 May 2002
EX Unavailable Unavailable
thanks
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ken
08-12 07:26 PM
I think some of our members put the votes in wrong place.
For Eg : for "Before Nov 01 2002" right now the number of votes are 24 click on 24 you will see which user voted for "Before Nov 01 2002 now check for couple of users for their Labour Approval Date some have labour approval dates of 2006 and 2007
For Eg : for "Before Nov 01 2002" right now the number of votes are 24 click on 24 you will see which user voted for "Before Nov 01 2002 now check for couple of users for their Labour Approval Date some have labour approval dates of 2006 and 2007
more...
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addsf345
11-10 10:15 AM
I believe your answer below was related to this situation:
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
as per my understanding, as the H1B extension is based on pending 485, your H1 also becomes invalid with immediate effect. This is shocking, I was somehow believing that using H1 is safe, but it is not after initial 6 years are over. On the contrarary, there are reports that EAD stays valid atleast till the appeal period when 485 is denied, and while the MTR is filed. This is reported on some other threads. Can someone confirm this?
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
as per my understanding, as the H1B extension is based on pending 485, your H1 also becomes invalid with immediate effect. This is shocking, I was somehow believing that using H1 is safe, but it is not after initial 6 years are over. On the contrarary, there are reports that EAD stays valid atleast till the appeal period when 485 is denied, and while the MTR is filed. This is reported on some other threads. Can someone confirm this?
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ashishgour
09-17 11:37 AM
Guess they are reaching a bi-partisan consent about giving discretion to judges...hopefully this gets done soon..we shud be up next..
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crazyAbtUS
12-24 03:36 PM
Done
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04-28 07:02 PM
Made $100 today, All the Best !
msp1976
02-13 03:22 PM
Logiclife...
Thank you for the update....
Thank you for the update....
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