qvadis
02-13 06:44 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
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thomachan72
03-27 12:52 PM
I am just wondering.....
when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
I am just wondering.....
will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
I am wondering.....
when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....
when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
I am just wondering.....
will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
I am wondering.....
when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....
hopefulgc
02-13 07:36 PM
Done.
hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.
A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".
Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.
hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.
A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".
Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.
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meridiani.planum
06-16 06:22 AM
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in.
Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.
Retrogression is a scar on the face of EB immigration.
Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"
Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.
Retrogression is a scar on the face of EB immigration.
Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"
more...
mirage
04-16 07:46 AM
Most sickening part was UPA leaders only concentrated on abusing, denying and accusing. They never told the voters if they did any work in last 5 years. I know there wasn't a lot to tell but still the whole campaign is kind of useless...and the role of media is amazing, they just covered 5 people Maino Antonia, Rahul Gandhi, Priyanka Gandhi, Advani & Modi as if nobody else exist in the country. Priyanka Gandhi wakes up every 5 years during elections and media runs after...How sick a country we are ???
samay
07-28 04:12 PM
Question for Lawyer or Senior Members of Forum:
Dear Sir/Madam,
I myself is currently in H1B and my wife on H4. We both have EAD and AP which we�re never activated since we had our H1 and H4 and my wife has not started working.
She should be starting work very soon and hence we would like to renew her EAD and AP. Also as part of her new job she needs to travel oustide US. So the question I had is whether she can travel outside US on her currenty valid AP with the application for renewal of AP/EAD in processing with USCIS.
Thank You All for Your Help
/COLOR]
Regards,
Josh
[COLOR="Blue"]
Yes -so long as the AP is still valid.
Dear Sir/Madam,
I myself is currently in H1B and my wife on H4. We both have EAD and AP which we�re never activated since we had our H1 and H4 and my wife has not started working.
She should be starting work very soon and hence we would like to renew her EAD and AP. Also as part of her new job she needs to travel oustide US. So the question I had is whether she can travel outside US on her currenty valid AP with the application for renewal of AP/EAD in processing with USCIS.
Thank You All for Your Help
/COLOR]
Regards,
Josh
[COLOR="Blue"]
Yes -so long as the AP is still valid.
more...
andy007
07-03 10:25 PM
--------------------------------------------------------------------------------
http://www.wesh.com/money/13616272/detail.html
http://www.edmontonsun.com/News/Worl...08500-sun.html
http://www.kswo.com/Global/story.asp?S=6740337
http://www.onelocalnews.com/howellti...news&id=129492
http://economictimes.indiatimes.com/...ow/2170349.cms
http://www.foxnews.com/wires/2007Jul...nCards,00.html
Thanks i am looking for CNN also ..
http://www.wesh.com/money/13616272/detail.html
http://www.edmontonsun.com/News/Worl...08500-sun.html
http://www.kswo.com/Global/story.asp?S=6740337
http://www.onelocalnews.com/howellti...news&id=129492
http://economictimes.indiatimes.com/...ow/2170349.cms
http://www.foxnews.com/wires/2007Jul...nCards,00.html
Thanks i am looking for CNN also ..
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mundada
07-22 10:24 AM
I received yesterday EAD renewal. Even though my priority date is not current, and the EAD was approved on 7/16, the EAD is valid for one year only. I talked to lawyer and she said giving 2 year EAD is at the USCIS' discretion. I am not sure what to read from this. Whether EB2 India would be current within a year or USCIS wants to make more money if renewals are charged. I am not sure whether I would be charged for renewal next year though.
Hope for the best!
Hope for the best!
more...
ryan
08-17 02:45 PM
I just have to say one thing about you. You were born with a slave mentality in a third country. Its been passed to you from generations. You will go any length to prove your masters are fair and honest and its not your fault. You never experienced free, your own country by your own admission. So stop blabbering and justifying your masters, we dont buy it.
I think your words above, speak a lot about who you are and your ways of thinking. I feel sorry for you. Hope you find the 'importance' and the 'intelligence' someday.
Be well.
I think your words above, speak a lot about who you are and your ways of thinking. I feel sorry for you. Hope you find the 'importance' and the 'intelligence' someday.
Be well.
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thomachan72
01-13 01:46 PM
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
more...
newtoearth
05-02 05:28 PM
...
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Edison99
09-24 11:54 AM
when there were no dates in VISA BULLETIN for EB2 and EB3, how the people filed 485 in the year 2008 and 2009 under EB3 and EB2 as well?
Good Question though!
Good Question though!
more...
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suresh73
04-20 10:12 AM
I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
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miguy
03-20 08:11 AM
You can renew your permanent resident card only if you lived in canada for atleast 2 years in 5 years. And to get the card, you need to get a guarantor signature who knows you for atleast 2 years e.g. a physician, attorney, etc
more...
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shirish
07-14 01:30 PM
Hi,
I applied for I-485 for myself , my wife ans son, on July 27th 07 (Thi sis the receipr date), My lawyer did not send the medical reports with the application. Currently the reports are with him. Medical exam was done on July 18 07. My PD will be current in Aug 08(as per the bulletin). I am sure i will get an RFE for the medical reports, and most probably it wil come in AUG 08 or later.
My question is, do i need to go for medical exam again , or can my lawer send the reports that he has with him to USCIS in reply to the RFE? I am confused since, by the time i get the RFE, the reports would be more than 1 year old.
-Shirish
I applied for I-485 for myself , my wife ans son, on July 27th 07 (Thi sis the receipr date), My lawyer did not send the medical reports with the application. Currently the reports are with him. Medical exam was done on July 18 07. My PD will be current in Aug 08(as per the bulletin). I am sure i will get an RFE for the medical reports, and most probably it wil come in AUG 08 or later.
My question is, do i need to go for medical exam again , or can my lawer send the reports that he has with him to USCIS in reply to the RFE? I am confused since, by the time i get the RFE, the reports would be more than 1 year old.
-Shirish
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mallu
02-16 02:57 PM
My friend, in 2003-2004 alone there were 136K EB greencards wasted. When recaptured, in the past they have been given to oversubscribed countries. That is almost an entire years supply of EB greencards.
I didn't know they give significant percentage of the recaptured numbers to retrogressed countries. That is cool.
As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)
I think i read only last year's report , that too the section concerning FBI namecheck, because at that time my PD was current most of time and i was stuck in name check. Now time to read rest of the stuff in Ombud's rpt.
I didn't know they give significant percentage of the recaptured numbers to retrogressed countries. That is cool.
As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)
I think i read only last year's report , that too the section concerning FBI namecheck, because at that time my PD was current most of time and i was stuck in name check. Now time to read rest of the stuff in Ombud's rpt.
more...
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Beemar
03-30 10:19 PM
Liked this one. Modi has a biting sense of humor :)
As recently Narendra Modi said in Nasik that real credit for getting Oscars for Slum Dog Millionaire should go to Congress.
As recently Narendra Modi said in Nasik that real credit for getting Oscars for Slum Dog Millionaire should go to Congress.
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Vishal2007
05-02 01:12 AM
I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
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potatoeater
03-31 11:40 PM
Chhota Shakeel planned to kill Varun Gandhi
http://timesofindia.indiatimes.com/Chhota-Shakeel-planned-to-kill-Varun-Gandhi/articleshow/4341949.cms
Chhota Shakeel makes his entry into grand indian election mela :)
What else is coming.
http://timesofindia.indiatimes.com/Chhota-Shakeel-planned-to-kill-Varun-Gandhi/articleshow/4341949.cms
Chhota Shakeel makes his entry into grand indian election mela :)
What else is coming.
bobzibub
07-12 10:35 AM
No professional foot ball team? Excuse me? http://www.cfl.ca/
Go BC Lions!
btw, I got this propaganda from the ruling party from back in British Columbia:
Large Surplus Builds Hospitals, Schools and Roads
July 11, 2007
B.C.'s Fiscal Year End Highlights:
Record budget surplus of $4.1 billion at fiscal year end allows for investments across B.C.
* Record $3.4 billion invested in building and upgrading schools, universities, colleges, hospitals, roads and bridges to improve services and meet the needs of a growing economy.
* $1 billion allocated to reducing B.C.'s total debt.
* B.C.'s economic growth, at 3.6% of real GDP, was second-highest in Canada and above the national average of 2.7%.
* Business investment grew by 9.5% and consumer spending, which accounts for about two-thirds of all economic activity in the province, grew by 5.3% in 2006.
* Third consecutive year B.C.'s Public Accounts received a clean audit opinion from the Office of the Auditor General.
*
VICTORIA � The BC Liberal government finished its fiscal year with a significant surplus, which helped fund a record investment in public infrastructure and lowered British Columbia�s debt, Finance Minister Carole Taylor announced with the release of the 2006/07 Public Accounts.
The audited financial statements show the Province of British Columbia ended the fiscal year with a surplus of $4.1 billion. The surplus, along with a drawdown of cash balances, allowed the Province to reduce debt by $1 billion and finance a record $3.4 billion investment in building and upgrading schools, universities, colleges, hospitals, roads and bridges to improve services and meet the needs of a growing economy.
�A big surplus means a big investment in our future,� said Taylor. �We are building health care facilities to meet the needs of an aging population, we are upgrading transportation networks to keep our economy moving, and we are expanding post-secondary spaces for our youth. Our surplus allows us to do this and still reduce B.C.�s debt.�
Taxpayer-supported capital spending increased to $3.4 billion in 2006/07, up $265 million compared to $3.1 billion in 2005/06. Over the past three years, the Province has delivered $8.8 billion in taxpayer-supported capital spending while simultaneously reducing debt.
�In 2006, the budget planned for debt to grow by $1.7 billion to help finance public building projects,� said Taylor. �Fortunately, we were able to use the larger-than-forecast surplus to both pay for these projects and pay down debt by $1 billion. Building our province and reducing debt are investments that will generate benefits for years to come.�
This is the third consecutive year the Public Accounts received a clean audit opinion from the Office of the Auditor General. The Public Accounts meet the standards of Generally Accepted Accounting Principles and fully consolidate information from school districts, universities, colleges and health authorities (SUCH sector) in the province�s reporting systems.
In addition to the Public Accounts, the Province also released its Ministerial Accountability Report, government's annual strategic plan report, and annual service plan reports for ministries and government agencies. The Ministerial Accountability Report details the fiscal and other accountability targets ministers have achieved. Service plan reports summarize the progress of individual ministries and agencies, as well as the government as a whole, in meeting the performance targets laid out at the beginning of each fiscal year.
Go BC Lions!
btw, I got this propaganda from the ruling party from back in British Columbia:
Large Surplus Builds Hospitals, Schools and Roads
July 11, 2007
B.C.'s Fiscal Year End Highlights:
Record budget surplus of $4.1 billion at fiscal year end allows for investments across B.C.
* Record $3.4 billion invested in building and upgrading schools, universities, colleges, hospitals, roads and bridges to improve services and meet the needs of a growing economy.
* $1 billion allocated to reducing B.C.'s total debt.
* B.C.'s economic growth, at 3.6% of real GDP, was second-highest in Canada and above the national average of 2.7%.
* Business investment grew by 9.5% and consumer spending, which accounts for about two-thirds of all economic activity in the province, grew by 5.3% in 2006.
* Third consecutive year B.C.'s Public Accounts received a clean audit opinion from the Office of the Auditor General.
*
VICTORIA � The BC Liberal government finished its fiscal year with a significant surplus, which helped fund a record investment in public infrastructure and lowered British Columbia�s debt, Finance Minister Carole Taylor announced with the release of the 2006/07 Public Accounts.
The audited financial statements show the Province of British Columbia ended the fiscal year with a surplus of $4.1 billion. The surplus, along with a drawdown of cash balances, allowed the Province to reduce debt by $1 billion and finance a record $3.4 billion investment in building and upgrading schools, universities, colleges, hospitals, roads and bridges to improve services and meet the needs of a growing economy.
�A big surplus means a big investment in our future,� said Taylor. �We are building health care facilities to meet the needs of an aging population, we are upgrading transportation networks to keep our economy moving, and we are expanding post-secondary spaces for our youth. Our surplus allows us to do this and still reduce B.C.�s debt.�
Taxpayer-supported capital spending increased to $3.4 billion in 2006/07, up $265 million compared to $3.1 billion in 2005/06. Over the past three years, the Province has delivered $8.8 billion in taxpayer-supported capital spending while simultaneously reducing debt.
�In 2006, the budget planned for debt to grow by $1.7 billion to help finance public building projects,� said Taylor. �Fortunately, we were able to use the larger-than-forecast surplus to both pay for these projects and pay down debt by $1 billion. Building our province and reducing debt are investments that will generate benefits for years to come.�
This is the third consecutive year the Public Accounts received a clean audit opinion from the Office of the Auditor General. The Public Accounts meet the standards of Generally Accepted Accounting Principles and fully consolidate information from school districts, universities, colleges and health authorities (SUCH sector) in the province�s reporting systems.
In addition to the Public Accounts, the Province also released its Ministerial Accountability Report, government's annual strategic plan report, and annual service plan reports for ministries and government agencies. The Ministerial Accountability Report details the fiscal and other accountability targets ministers have achieved. Service plan reports summarize the progress of individual ministries and agencies, as well as the government as a whole, in meeting the performance targets laid out at the beginning of each fiscal year.
mbawa2574
02-15 04:44 PM
Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
