andycool
03-16 02:04 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
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
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
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 ;)
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feedfront
09-14 04:03 PM
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
bitu72
01-31 10:04 AM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
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jthomas
05-26 10:39 PM
I was checked by immigration authorities when i was comming from San diego to Los Angeles. Near the check post there were signs to go slow for imigration checks. One border patrol car came besides me and waved his hand to pull towards the curb. I changed my lanes and also helped the border patrol to change his lanes towards the shoulder. He got down from his car and asked me what is my status I told H1B. I showed him my ID card and told him to check my status through my ID card. He returned my ID card and let me go. (I don't know why they let me go maybe my name is spanish and my last name is british)
Just wondering what would the immigration authorities do if they catch a illegal. There are millions of illegals in Los Angeles and they also had rallies almost every year in downtown Los Angeles.
I am not going to carry my immigration document if i am within US. I never have carried during the last 7 years. At the most they would escort me to my residence which is okay for me.
J thomas
I carry my GC, passport etc even if i get out of my house to my lawn.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?
Just wondering what would the immigration authorities do if they catch a illegal. There are millions of illegals in Los Angeles and they also had rallies almost every year in downtown Los Angeles.
I am not going to carry my immigration document if i am within US. I never have carried during the last 7 years. At the most they would escort me to my residence which is okay for me.
J thomas
I carry my GC, passport etc even if i get out of my house to my lawn.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?
more...
coopheal
10-16 03:10 PM
Thanks
You can get much more data regarding PD of various categories at .
http://www..com/usa-immigration-trackers/i485-tracker1/
If you are filtering on the basis of application status = pending you will get much more uptodate applications than the static one as per this poll.
Interesting thing (not in a good way) to note is most EB3 India (even whose priority dates are as back as 2003-2002) have filed in June/July.
You can get much more data regarding PD of various categories at .
http://www..com/usa-immigration-trackers/i485-tracker1/
If you are filtering on the basis of application status = pending you will get much more uptodate applications than the static one as per this poll.
Interesting thing (not in a good way) to note is most EB3 India (even whose priority dates are as back as 2003-2002) have filed in June/July.
feedfront
09-20 01:45 PM
No, I've not heard anything from attorney's office.
more...
xyzgc
12-10 08:22 PM
even if we could do population control, another thing we would need is a time machine to go back and implement the control with retroactive effect. is there anyone who has been working on a time machine? How is it coming? :D:D:D:D
I've a time machine. you want it?:D Its gonna cost you man:p
I've a time machine. you want it?:D Its gonna cost you man:p
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Libra
09-26 12:10 PM
No, dont worry about it, it's proved that together we can do anything. so please unite and work for our cause.
She changed the article, but shouldn't we ask her to apologize for misinforming people???
She changed the article, but shouldn't we ask her to apologize for misinforming people???
more...
starving_dog
07-24 11:22 AM
No, for employment based citizenship you must get your green card to start the five year clock ticking for naturalization. You may apply for citizenship after 54 months of naturalization.
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Administrator2
04-21 10:23 AM
Sorry, did not see this thread before.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you ns007 and other members who have send PM today offering to volunteer for this initiative.
gsc999, ArunAntonio, pcs, newuser, willgetgc2005, pasupuleti, caydee, gcnirvana, ramaonline, 485Mbe4001 and samir took the lead in volunteering for calling our friends in CA. IV very much appreciates their willingness to volunteer.
We all will soon need to get into more active mode to participate in similar events in the local areas/communities. Kindly update your profile with your contact information. This is very important so that we could contact whenever there is any such opportunity.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you ns007 and other members who have send PM today offering to volunteer for this initiative.
gsc999, ArunAntonio, pcs, newuser, willgetgc2005, pasupuleti, caydee, gcnirvana, ramaonline, 485Mbe4001 and samir took the lead in volunteering for calling our friends in CA. IV very much appreciates their willingness to volunteer.
We all will soon need to get into more active mode to participate in similar events in the local areas/communities. Kindly update your profile with your contact information. This is very important so that we could contact whenever there is any such opportunity.
more...
sk.aggarwal
07-29 03:02 AM
Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.
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Wendyzhu77
02-28 06:25 PM
yes, this is much more troubling than the gc delay. If the country sank, what's the point of getting its GC???
If you have been following the news this week, the economy is really in trouble. Specifically financial and insurance sector. Dow plunged around 900 + points in last 2 days.
If you have been following the news this week, the economy is really in trouble. Specifically financial and insurance sector. Dow plunged around 900 + points in last 2 days.
more...
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thomachan72
07-13 09:20 AM
Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?
Interesting question. You are probably quite accurate but there still remains some hope of a few months movement:D:D
Interesting question. You are probably quite accurate but there still remains some hope of a few months movement:D:D
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hemal555
02-05 07:09 PM
Varsha, I can make it for the meeting in Warren. Thanks Hemal
more...
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Jaime
09-10 09:13 PM
I wish these bills the best! Also, once we have a new president we will have another shot at solving our immigration woes! Let's go for it guys!
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crazyghoda
01-16 04:27 PM
My layoff was much less traumatizing at the instant.
I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.
Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.
Well I am back now and looking everywhere. Hopefully something should click soon.
All the best guys!
I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.
Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.
Well I am back now and looking everywhere. Hopefully something should click soon.
All the best guys!
more...
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vamsi_poondla
09-26 09:37 AM
There is a link - To write a note to the editor about this article, click here.
I clicked it and send this message to CNN's editor. All of you can do the same...
Dear Editor,
Last week's Legal Immigration Rally at DC is NOT about H1B increase, It is about the plight of over a million High Tech Skilled Legal Immigrants and their families in a probationary limbo of Green Card Processing. It takes 10 to 12 years to get a green card because of low green card numbers, per country limits and lost Green Card numbers due to inefficient processing of USCIS.
Not sure what is the source of your information. But it is ill-researched and is skewed in nature.
yours truly,
Legal Skilled Immigrants from across the World living in USA
I clicked it and send this message to CNN's editor. All of you can do the same...
Dear Editor,
Last week's Legal Immigration Rally at DC is NOT about H1B increase, It is about the plight of over a million High Tech Skilled Legal Immigrants and their families in a probationary limbo of Green Card Processing. It takes 10 to 12 years to get a green card because of low green card numbers, per country limits and lost Green Card numbers due to inefficient processing of USCIS.
Not sure what is the source of your information. But it is ill-researched and is skewed in nature.
yours truly,
Legal Skilled Immigrants from across the World living in USA
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swo
08-16 01:38 AM
I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.
A 6 months wait is not unreasonable. I'd be happy with that if I was you!
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.
A 6 months wait is not unreasonable. I'd be happy with that if I was you!
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Abhinaym
09-10 11:10 AM
I guess, getting 30 green dots is tougher than getting GC itself:D
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
Is that 30 dots or 30 points?
It should be possible to have 30 points without 20 dots. I'm not clear on that, please let me know if I'm wrong.
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
Is that 30 dots or 30 points?
It should be possible to have 30 points without 20 dots. I'm not clear on that, please let me know if I'm wrong.
nojoke
09-17 11:56 PM
when did i rant..haha, its funny when people are cornered they talk stuff which arent even relevant
you crack me up, no offence
You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults
you crack me up, no offence
You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults
logiclife
12-20 07:55 PM
<If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
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