hara_patta_for_rico
07-09 07:05 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
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Macaca
04-04 03:53 PM
They have never said anything about GCs. If they have, show me where.
From here (http://www.ieeeusa.org/policy/issues/).
IEEE-USA will support public policies to ensure greater equity in the recruitment, utilization and compensation of US and foreign–born high tech workers. Priorities include:
Expediting visa processing for international researchers, scholars, teachers and students to travel and study in the U.S.
Reforming the H-1B and other non-immigrant (temporary) visa programs to prevent abuses, including displacement of US workers and underpayment of foreign workers.
Enacting legislation to facilitate the admission of foreign professionals with advanced degrees in science, technology, engineering and managerial fields as legal permanent residents.
From here (http://www.ieeeusa.org/policy/issues/).
IEEE-USA will support public policies to ensure greater equity in the recruitment, utilization and compensation of US and foreign–born high tech workers. Priorities include:
Expediting visa processing for international researchers, scholars, teachers and students to travel and study in the U.S.
Reforming the H-1B and other non-immigrant (temporary) visa programs to prevent abuses, including displacement of US workers and underpayment of foreign workers.
Enacting legislation to facilitate the admission of foreign professionals with advanced degrees in science, technology, engineering and managerial fields as legal permanent residents.
retrohatao
05-17 12:01 PM
FBI security clearance has been a blackhole with many people stuck in it without having a hope of relief in sight.Everyone might have tried the senetors, congressman, snail-mails and Faxes but of no use.
How about the following new methods:
1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
2. A letter to the news channels.
3. Web fax to the senators/congressman
Please share your ideas.
How about the following new methods:
1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
2. A letter to the news channels.
3. Web fax to the senators/congressman
Please share your ideas.
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shreekhand
07-12 10:15 PM
What is the need for all this ? The visa bulletin is out but no one cares to read it I guess. Every bulletin has these or words to this effect.
"Only applicants who have a priority date earlier than the cut-off date may be allotted a number."
So the date that you see in the table is NOT eligible for visa numbers.
Thanks for good wishes and congratulations to all who become current.
Regarding cutoff date I'm hearing multiple theories -
A. if it says 1st March - then prior to that consider as active - 1st of March is not included
B. some says 1st March is included because it is like UNTIL 1st March
C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.
D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.
Wow so many options looks like I need to poll this and then wait until next bulletin :)
Once again thanks for good wishes and Congratulations who were waiting for longer period.
-Rwe
"Only applicants who have a priority date earlier than the cut-off date may be allotted a number."
So the date that you see in the table is NOT eligible for visa numbers.
Thanks for good wishes and congratulations to all who become current.
Regarding cutoff date I'm hearing multiple theories -
A. if it says 1st March - then prior to that consider as active - 1st of March is not included
B. some says 1st March is included because it is like UNTIL 1st March
C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.
D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.
Wow so many options looks like I need to poll this and then wait until next bulletin :)
Once again thanks for good wishes and Congratulations who were waiting for longer period.
-Rwe
more...
vandanaverdia
09-10 03:48 PM
Well... We are eager & all hope to see Andy at the rally....
vandanaverdia
09-12 02:32 PM
You and me together can make a difference...
Lets all stand up together & be heard!!!!
Come to DC!!! GO IV!!!
Help IV help you....
Its now or never...Or else it may be too late....
Lets all stand up together & be heard!!!!
Come to DC!!! GO IV!!!
Help IV help you....
Its now or never...Or else it may be too late....
more...
h1b_forever
03-09 01:10 PM
I am getting Red for this. Great.
Some people seem to feel better by giving others red.
Some people seem to feel better by giving others red.
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sanju
04-04 03:47 PM
if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
That is not the intent of the bill. The intent of this bill is to make H1 process so difficult that it will be almost impossible to file for someone's H1 application. IEEE has lobbied to reduce the H1 numbers for very long time. Now that they realized that H1 numbers are not likely to decrease, they want to make the H1 program so difficult/strict that, for all practical purposes, employers will not be able to hire someone on H1.
And, even if the bill would do that you have said, how would it help speed up the green card process?
That is not the intent of the bill. The intent of this bill is to make H1 process so difficult that it will be almost impossible to file for someone's H1 application. IEEE has lobbied to reduce the H1 numbers for very long time. Now that they realized that H1 numbers are not likely to decrease, they want to make the H1 program so difficult/strict that, for all practical purposes, employers will not be able to hire someone on H1.
And, even if the bill would do that you have said, how would it help speed up the green card process?
more...
Almond
07-05 12:18 PM
So many more places to go to on the internet and get free info and free forums to post on that making this one a paid members only forum would ensure you and a handful of others like you will be best friends posting and viewing on here by yourselves. At least it'll last for a couple of years, you know, longer than a western marriage because you're bound to be waiting considering the USCIS snail work pace. This forum should stay free so everyone can have access to it and be able to communicate with others in similar situations. If one feels like they can/want to contribute for whatever reason, it should be of their own choosing. I just joined so I don't have that sense of gratefulness that longer term posters have but I can see how that could change after being here for a while.
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pappu
01-10 12:48 PM
Some people are already doing our job.
http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
This shows that we have anti immigrant members and visitors amongst us looking for IV updates and our actionplans. sometimes such people pose as annonymous users and contact IV asking for updates without revealing who they are and doing anything constructive for IV. We try to be cautious in such cases. Its good that they quoted us as it shows that we are a force to recon with.
http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
This shows that we have anti immigrant members and visitors amongst us looking for IV updates and our actionplans. sometimes such people pose as annonymous users and contact IV asking for updates without revealing who they are and doing anything constructive for IV. We try to be cautious in such cases. Its good that they quoted us as it shows that we are a force to recon with.
more...
lvinaykumar
07-07 02:27 AM
Good to see the line is moveing forward insted of backward :D
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shsk
11-11 11:02 PM
We can all pitch in and send either congrats greeting card/flower along with IV letter highlighting our pathetic situation.
Hope he addresses something.
Hope he addresses something.
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at0474
12-22 12:24 AM
lazycis,
Thanks for the quick reply.That was useful information. I also read the document on the link you posted.
This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.
However, her pending I-485 seems problematic.
Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...
Thanks.
Thanks for the quick reply.That was useful information. I also read the document on the link you posted.
This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.
However, her pending I-485 seems problematic.
Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...
Thanks.
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amitjoey
08-15 04:01 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
That was expected.
That was expected.
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GreenCard4US
07-13 07:20 PM
Reputed lawyers like Carl Shusterman came out the very next day swinging with hard hitting statements. What was Murthy doing then? I have been ripped off earlier by Murthy. Anybody who has spoken to her will understand that she is all about $$$ and nothing else. I hope by our posting, others don't get ripped off and see her true colors...
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paulavijit
03-17 09:08 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
more...
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GCKaMaara
03-12 01:03 PM
Excuse me who are you calling a disease?
who has given you the right to name call, when I have not used any profanity words? Please choose your words carefully, as it does not reflect a good reputation on part of a person who is trying to make a point and bring awareness.
Just because you have 1485 filed much before your PD and have the better half of the situation, does not allow you to be an advocator on behalf of IV.
The question was means for IV and PAPPU, and to galvanize this organization to do something big, than take things for granted.
Thank you
This may be partially my fault. I took name. I wanted to say any donor, I tool ronhira as symbolic representative of donors as he was as part of debate.
Sorry Ron.
who has given you the right to name call, when I have not used any profanity words? Please choose your words carefully, as it does not reflect a good reputation on part of a person who is trying to make a point and bring awareness.
Just because you have 1485 filed much before your PD and have the better half of the situation, does not allow you to be an advocator on behalf of IV.
The question was means for IV and PAPPU, and to galvanize this organization to do something big, than take things for granted.
Thank you
This may be partially my fault. I took name. I wanted to say any donor, I tool ronhira as symbolic representative of donors as he was as part of debate.
Sorry Ron.
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feedfront
09-20 01:45 PM
No, I've not heard anything from attorney's office.
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gvenkat
10-20 02:38 PM
Look, no one is saying that McCain is the savior, but at the same time, it is important for us to understand that Obama is not the light at the end of the tunnel, its the fast approaching train towards us. So, some of us are just pointing to others that be prepared for the train wreck. That does not necessarily translate into saying that McCain is the savior. It just means what it means.
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
go read my post again. what we need is change. mccain wont do that. he will go to war with iran and our problems will be in the backburner, atleast even if obama is not supportive as much as mccain is we dont need to frigging wait this long... we will either get it or not get the GC. but beofre that we need our jobs and if mcain is there.. we might not have it for long...
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
go read my post again. what we need is change. mccain wont do that. he will go to war with iran and our problems will be in the backburner, atleast even if obama is not supportive as much as mccain is we dont need to frigging wait this long... we will either get it or not get the GC. but beofre that we need our jobs and if mcain is there.. we might not have it for long...
bigboy007
07-18 11:59 AM
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
he said no when i asked the same reg. Rejections.
he said no when i asked the same reg. Rejections.
starscream
09-10 09:25 PM
Can anyone plz updae what happened to HR 5882 - did the house judiciary commitee pass the bill
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