andycool
07-12 04:56 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.
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
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.
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
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svbp007
02-24 01:53 PM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
There should not be a problem with your L1. It was a requirement to get L1...not to stay on L1. Given that L1 is a dual intent category...it does not make sense either.
I know directly of a case where the company from which a colleague came from India was sold to another company ....but because in the preceding 3 years the Indian company was an affiliate...it was OK.
What L1 requirements are you talking about ?...is there any rule that you saw that states that if the subsidiary closes L1 becomes invalid?...can you provide that link/info ?
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
There should not be a problem with your L1. It was a requirement to get L1...not to stay on L1. Given that L1 is a dual intent category...it does not make sense either.
I know directly of a case where the company from which a colleague came from India was sold to another company ....but because in the preceding 3 years the Indian company was an affiliate...it was OK.
What L1 requirements are you talking about ?...is there any rule that you saw that states that if the subsidiary closes L1 becomes invalid?...can you provide that link/info ?
johnamit
07-18 09:14 AM
some applications have already been rejected, mostly on July 2nd but a very few.
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
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ivgclive
04-10 12:04 AM
Old wine tastes good. Does this VB tastes good to you?
Yes.
Why not.
VB is the only item that keeps many to survive for the next 30 days.
Green card applicants started losing hope and dying slowly for 15 days. Then they become like a phenix birds for next 15 days, hoping that something will be there in next VB.
This cycle will go for next several generations....
We should be proud that we are going to be in history.
In 2050 school kids in US will study about "how a several thousands stuipds spent their whole lives, waited for something that never happened"
Yes.
Why not.
VB is the only item that keeps many to survive for the next 30 days.
Green card applicants started losing hope and dying slowly for 15 days. Then they become like a phenix birds for next 15 days, hoping that something will be there in next VB.
This cycle will go for next several generations....
We should be proud that we are going to be in history.
In 2050 school kids in US will study about "how a several thousands stuipds spent their whole lives, waited for something that never happened"
more...
WAIT_FOR_EVER_GC
06-10 06:39 PM
Me and 10 of my friends at work have sent the email.
My wife and the wife's of friends have sent too.
My wife and the wife's of friends have sent too.
sugaur
05-28 09:44 PM
I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
more...
meimmi
03-09 04:52 PM
Hi! I am planning to apply EAD on my own as I could no longer afford to pay my expensive lawyer, but there I am not sure how to answer question 13 in the form which says, "Have you ever before applied for employment authorization from USCIS? Since I was and still am on H1, should I answer yes? Please help. Thanks.
You can e-file(online) for EAD and AP. I applied online and received EAD within 45 days. I had to go to ASC for fingerprinting again though. The answer to that question is No if you are applying for EAD for the first time.
You can e-file(online) for EAD and AP. I applied online and received EAD within 45 days. I had to go to ASC for fingerprinting again though. The answer to that question is No if you are applying for EAD for the first time.
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ivuser
01-30 02:25 PM
Hi,
I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.
Thanks
I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.
Thanks
more...
Jai_MD
06-10 06:23 PM
done and request fellow members who are on the sidelines to do the same!
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ashwin_27
06-13 12:10 AM
If this has not been done already..a good idea might be to spread this message among the hundreds of International Student (including Indian/Chinese) associations. They are already having trouble entering as graduates into a tough job market and this anti-H1B proposal will only make things worse...no additional incentive for students to join this IV initiative. I will forward to my alma mater and couple of other student associations I am aware of.
more...
GC_Waiter_2000
07-12 06:08 PM
Current again after 2 Years.
Is it necessary to act (like opening SR, Info-pass, meeting Senators, Congressman etc..) so that I can get a seat in the Bus at least this time? Not to mention there is no proper queue this system (FIFO) here.
Thanks
Is it necessary to act (like opening SR, Info-pass, meeting Senators, Congressman etc..) so that I can get a seat in the Bus at least this time? Not to mention there is no proper queue this system (FIFO) here.
Thanks
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hazishak
09-10 01:58 PM
Thanks, its working now. But seems really slow
Most of you either have a firewall or a proxy server to go out to the internet at your work locations, which allows for only TCP port 80. So if you are unsuccessful in getting the real player to work, try this:
when real player opens do the following:
click on tools->preferences->network transport->
then check the "manually configure connection settings"
click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Enjoy!!
Most of you either have a firewall or a proxy server to go out to the internet at your work locations, which allows for only TCP port 80. So if you are unsuccessful in getting the real player to work, try this:
when real player opens do the following:
click on tools->preferences->network transport->
then check the "manually configure connection settings"
click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Enjoy!!
more...
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immig4me
02-11 08:57 AM
/\/\/\/\/\/\
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indianindian2006
07-14 07:05 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.
That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.
more...
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gimme_GC2006
05-12 03:13 PM
You might want to research your options some more. Maybe, have a talk with someone who is a more senior colleague or mentor, preferably one who has an MBA.
It appears from your comment on investment banking that you haven't done your research. IBs usually recruit only from the top-10 type schools.
Good Luck!
thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.
Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)
moreover there is increased trend in acceptance of online MBA as major universities are coming online now.
It appears from your comment on investment banking that you haven't done your research. IBs usually recruit only from the top-10 type schools.
Good Luck!
thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.
Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)
moreover there is increased trend in acceptance of online MBA as major universities are coming online now.
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24fps
02-19 07:59 PM
read my lips, THIS BILL WILL NEVER PASS
its so redundant that even NumbersUSA haven't even reported.
its so redundant that even NumbersUSA haven't even reported.
more...
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trueguy
04-06 05:55 PM
Do you know the POE?
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Jaime
09-10 12:04 PM
Are you saying that whoever is happy in their job without a GC is in a closet or jail?Only if you plan to remain in the U.S. permanently and you don't like the fact that you'll have to wait for many years without the ability to get a salary raise or promotion, without your spouse being able to work (if you have one) and being forced to leave the U.S. immediately if you get laid off.
If you are perfectly happy with your H1-B job and planning to stay in the U.S. only temporarily, then no, you are not in a jail or closet. But 99% of us are.
If you are perfectly happy with your H1-B job and planning to stay in the U.S. only temporarily, then no, you are not in a jail or closet. But 99% of us are.
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desi3933
03-17 07:36 AM
Hello Desi,
.....
......
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Country EB1 EB2 EB3
India 6672 10124 2306
China 4999 3046 1027
S Korea 2311 4991 4001
Philippines 524 1853 5540
Mexico 2010 922 3745
All visa numbers allocated to South Korea are against EB visa numbers.
_________________
Not a legal advice.
.....
......
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Country EB1 EB2 EB3
India 6672 10124 2306
China 4999 3046 1027
S Korea 2311 4991 4001
Philippines 524 1853 5540
Mexico 2010 922 3745
All visa numbers allocated to South Korea are against EB visa numbers.
_________________
Not a legal advice.
El_Guapo
11-13 10:25 AM
The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
waitingGC
01-16 06:21 PM
I just got the word from our treasurer that the IRS has approved Immigration Voice as a non-profit organization of 501 (C) (4) type.
Until now, it was pending approval. Now Immigration Voice is a non-profit for sure and this means that we do not pay taxes on the income. This also means that no volunteers can get paid compensations for the work done.
Immigration Voice will file the tax return as a non-profit and hopefully, that will remove doubts from some members/visitors that all the money is spent only on advocacy(lobbying) and website maintenance and no one is personally profiting from this effort.
This is a big relief for us and now its time to file taxes.
I actually don't think this is the main concern of many people who have not contributed. I have talked with many friends who got stuck with their GC applications regarding IV and urged them to contribute. However, not many of them were very passionate about this. They just simply believed that they could not achieve their GCs faster with IV's effort than without. $20 per month is not a big deal for them. But without any confidence and hope, they did not even want to bother to register and contribute. Most of my friends are EB2 with PD 2004 or later. Some who have filed 485s see no sign for SKIL being passed and are fine with their APs and EADs. Those who have not filed their 485 truly believe that they could file their 485s in about 2 years and got used to this waiting.
So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.
Until now, it was pending approval. Now Immigration Voice is a non-profit for sure and this means that we do not pay taxes on the income. This also means that no volunteers can get paid compensations for the work done.
Immigration Voice will file the tax return as a non-profit and hopefully, that will remove doubts from some members/visitors that all the money is spent only on advocacy(lobbying) and website maintenance and no one is personally profiting from this effort.
This is a big relief for us and now its time to file taxes.
I actually don't think this is the main concern of many people who have not contributed. I have talked with many friends who got stuck with their GC applications regarding IV and urged them to contribute. However, not many of them were very passionate about this. They just simply believed that they could not achieve their GCs faster with IV's effort than without. $20 per month is not a big deal for them. But without any confidence and hope, they did not even want to bother to register and contribute. Most of my friends are EB2 with PD 2004 or later. Some who have filed 485s see no sign for SKIL being passed and are fine with their APs and EADs. Those who have not filed their 485 truly believe that they could file their 485s in about 2 years and got used to this waiting.
So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.
