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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GreenCard4US
06-10 06:24 PM
For whatever reason, rumors are flying all over the Internet that the end of H1B and EAD employment authorization is at hand. This is complete nonsense. The purported basis for these rumors is an amendment offered in the Senate (S. Amdt. 4319) to a tax bill previously passed by the House (HR 4213). As written, this proposal would prohibit companies from filing H1B petitions if the company has laid off any employees in the last year. It would also void all existing H petitions for a company if the company lays off personnel.
Let's put this in context. Microsoft decides to lay off some of its loading dock personnel because they want to outsource that work. Under this proposal, they would then have to terminate all of their H1B engineers. That simply doesn't pass the laugh test.
Like most of Grassley's proposals, this amendment is pure idiocy. I suppose that's what happens when your parents are siblings. This bill has absolutely no chance of ever becoming law. .
Let's put this in context. Microsoft decides to lay off some of its loading dock personnel because they want to outsource that work. Under this proposal, they would then have to terminate all of their H1B engineers. That simply doesn't pass the laugh test.
Like most of Grassley's proposals, this amendment is pure idiocy. I suppose that's what happens when your parents are siblings. This bill has absolutely no chance of ever becoming law. .
texcan
01-22 06:48 PM
Great discussion here, its great to see prospective from many folks.
Wonderful insights.
Saggi13
Man great venting.
Here is a question for you and for all of us in similiar circumstances. you got to ask a question.....what will make you happy. You took a great step in buying the house not because of any reason other than "you wanted your daughter needed some place to play". You took the decision, made a choice....Now you should be happy for you did what you deened important for you and you did it.
Now things went bad after buying a house, but overall you choose to buy this and that should make you happy.
Nothing personal Sagi13...your write was excellent about changes with in 9 months. It will all work out for you.
I read somewhere "happiness is in action". Its far more easier to ask sorry for something done, than to repent for something left undone.
For me what has worked so far is trying to stay out of Rat Race, and this too by choice.
I choose not to waste money on new cars, not my type, i refuse to judge people by the cars they drive. i have driven decent cars, but never paid a penny to anyone on car loan interest. So will i do for a house, god willing.
i make sure to spend a lot of time with family and friends, and real time spend relaxing, enjoying sun ...walks in morning.
i did spend a lot of money this last year on soft factors/family and friends...more than 10K ...i choose to do so; and i am happy so far.
This may not be a big amount for someone, and this expense could have been avoided but we choose to spend it, fine no issues.
My belief is, one got to make peace with one self, past is past ..and stop comparisons
We all make mistakes, i make more mistakes than my fair share of "1" a day...
Remember "we are spritual beings having human experiences". T
Here is another good line i try to remember always, think about what do you want...lets say GC.
Imagine you got GC today....now what will you do differently than what you are doing today. what change will GC bring to you as a person ( forget other crazy ideas we have created in our minds.....like help in job, realizing american dream, and please Donot cite reasons like it will be easier to travel/get a job. )
If you donot have any solid differences in your life...after getting a GC...then my friend you are in Rat Race.
This American dream is a bull ....by marketers, this is a dream for everyone on this planet, and most achieve it....by having a space where they can relax not by owning something....ownership is perceived notion. How can owning a piece of wood and concrete help anyone??
Wonderful insights.
Saggi13
Man great venting.
Here is a question for you and for all of us in similiar circumstances. you got to ask a question.....what will make you happy. You took a great step in buying the house not because of any reason other than "you wanted your daughter needed some place to play". You took the decision, made a choice....Now you should be happy for you did what you deened important for you and you did it.
Now things went bad after buying a house, but overall you choose to buy this and that should make you happy.
Nothing personal Sagi13...your write was excellent about changes with in 9 months. It will all work out for you.
I read somewhere "happiness is in action". Its far more easier to ask sorry for something done, than to repent for something left undone.
For me what has worked so far is trying to stay out of Rat Race, and this too by choice.
I choose not to waste money on new cars, not my type, i refuse to judge people by the cars they drive. i have driven decent cars, but never paid a penny to anyone on car loan interest. So will i do for a house, god willing.
i make sure to spend a lot of time with family and friends, and real time spend relaxing, enjoying sun ...walks in morning.
i did spend a lot of money this last year on soft factors/family and friends...more than 10K ...i choose to do so; and i am happy so far.
This may not be a big amount for someone, and this expense could have been avoided but we choose to spend it, fine no issues.
My belief is, one got to make peace with one self, past is past ..and stop comparisons
We all make mistakes, i make more mistakes than my fair share of "1" a day...
Remember "we are spritual beings having human experiences". T
Here is another good line i try to remember always, think about what do you want...lets say GC.
Imagine you got GC today....now what will you do differently than what you are doing today. what change will GC bring to you as a person ( forget other crazy ideas we have created in our minds.....like help in job, realizing american dream, and please Donot cite reasons like it will be easier to travel/get a job. )
If you donot have any solid differences in your life...after getting a GC...then my friend you are in Rat Race.
This American dream is a bull ....by marketers, this is a dream for everyone on this planet, and most achieve it....by having a space where they can relax not by owning something....ownership is perceived notion. How can owning a piece of wood and concrete help anyone??
2011 change quotes and sayings,
grinch
03-02 06:24 PM
Noooooooooooooooooo!!! gah thats two ppl who dropped out... aw
more...
DSLStart
09-10 12:40 PM
Hilarious :D:D:D:D
That shows the on what priority we are on their list . We are below horse also :D
remember a Horse a US Citizen horse while you are not , so cruelty to a US citizen is always before cruelty to aliens .
Man sees a woman getting chased by a dog.When the dog is about to bite the woman,
the man intervenes and kicks the dog.
A reporter was seeing all this.He said "That was great.
I'll definitely publish this in newspaper.Tomorrow the headline will be
'LOCAL HERO SAVES LADY FROM A DOG'."
The man replied "Thank you, but I'm not from here.I am from US". Reporter " OK.
Then the headline will be
US CITIZEN SAVES WOMAN FROM A DOG".
Man: Actually, I live in US but I'm not a US citizen.
I'm a Pa****i national".
Next day, the headline in the paper read .... .... .... .... .... .... ........ .... .... .... .... .... .... .... ....
TERRORIST ATTACKS A LOCAL DOG
* This Joke is copied from the internet and in no way reflects my personal feelings . This is just for having some fun and cheering us up .
That shows the on what priority we are on their list . We are below horse also :D
remember a Horse a US Citizen horse while you are not , so cruelty to a US citizen is always before cruelty to aliens .
Man sees a woman getting chased by a dog.When the dog is about to bite the woman,
the man intervenes and kicks the dog.
A reporter was seeing all this.He said "That was great.
I'll definitely publish this in newspaper.Tomorrow the headline will be
'LOCAL HERO SAVES LADY FROM A DOG'."
The man replied "Thank you, but I'm not from here.I am from US". Reporter " OK.
Then the headline will be
US CITIZEN SAVES WOMAN FROM A DOG".
Man: Actually, I live in US but I'm not a US citizen.
I'm a Pa****i national".
Next day, the headline in the paper read .... .... .... .... .... .... ........ .... .... .... .... .... .... .... ....
TERRORIST ATTACKS A LOCAL DOG
* This Joke is copied from the internet and in no way reflects my personal feelings . This is just for having some fun and cheering us up .
f16mav
03-18 08:35 AM
I can donate about 30K Continental miles. Please let me know the procedure.
Thanks,
Thanks,
more...
makemygc
07-16 08:27 PM
The only way to counter this is to fax the senators and reps stating the "real" facts!
Problem is senators or congressmen who support us know the facts and those who do not support us, do not want to know the facts.
Still I think it's a good idea and definitely should be implemented along with few other alternatives too..like educating common mass.
I guess we need to come out with a white paper about "Top 10 Myths about Employment Based Immigration". Any good writer here...?
We can fax these white papers to attorney, media and even number usa too.
Problem is senators or congressmen who support us know the facts and those who do not support us, do not want to know the facts.
Still I think it's a good idea and definitely should be implemented along with few other alternatives too..like educating common mass.
I guess we need to come out with a white paper about "Top 10 Myths about Employment Based Immigration". Any good writer here...?
We can fax these white papers to attorney, media and even number usa too.
2010 See more change quotes or
willwin
07-28 01:02 PM
I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
more...
cableching
07-12 05:44 PM
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!
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vdlrao
07-18 11:44 PM
Hi Gurus,
My PD is Dec06 EB2, do you have any guess when I will be current.
Thanks
Assuming you are EB2 India with PD Dec 2006
Best case your case will be current : 4 months
Worst Case your case will be current : 12 months, but not more than that.
My PD is Dec06 EB2, do you have any guess when I will be current.
Thanks
Assuming you are EB2 India with PD Dec 2006
Best case your case will be current : 4 months
Worst Case your case will be current : 12 months, but not more than that.
more...
tikka
07-03 09:34 PM
What IV will do different than what AILF is planning to do? They are not asking for any money for participating in litigation. What will happen if you don't reach your target of $5000 before you do something? (may be lawsuit).
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.
I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.
No one is offended but you might get more info if you pm core.
thank you
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.
I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.
No one is offended but you might get more info if you pm core.
thank you
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feedfront
10-05 03:10 PM
Hi Guys,
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!
more...
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mirage
02-03 08:17 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
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pitha
02-21 04:05 PM
I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
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kandhu
06-10 04:55 PM
Done
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saatiish
07-13 10:02 AM
Here is the source ....
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
Click "Operation of the Numerical Control Process "
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
Click "Operation of the Numerical Control Process "
more...
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pappu
02-08 02:41 PM
In December, the CIS Ombudsman's Office began a pilot teleconference program on issues of concern to individuals and employers as they interface with USCIS. We have had three such pilot teleconferences so far and in February will continue with a few more. Please join us on Friday, February 16, from 11:00 a.m.-12:00 noon EST for the "Newark District Office: How Is It Working For You?" We look forward to hearing your comments, thoughts, and suggestions for improvement as well as any best practices you have noticed in your interaction with that office. We also would appreciate your thoughts regarding the Cherry Hill , NJ field office.
To participate in Friday's call, please RSVP to cisombudsman.publicaffairs@dhs.gov. The first 50 people to sign up will be able to participate and will receive a return email with the call-in information. If you are unable to participate on Friday, stay tuned for similar upcoming programs which will be posted on our website, www.dhs.gov/cisombudsman. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
We appreciate your assistance with this pilot program.
Thank you,
Citizenship & Immigration Services Ombudsman
U.S. Department of Homeland Security
Mail Stop: 1225
Washington , DC 20528-1225
Office: 202-357-8100
www.dhs.gov/cisombudsman
To participate in Friday's call, please RSVP to cisombudsman.publicaffairs@dhs.gov. The first 50 people to sign up will be able to participate and will receive a return email with the call-in information. If you are unable to participate on Friday, stay tuned for similar upcoming programs which will be posted on our website, www.dhs.gov/cisombudsman. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
We appreciate your assistance with this pilot program.
Thank you,
Citizenship & Immigration Services Ombudsman
U.S. Department of Homeland Security
Mail Stop: 1225
Washington , DC 20528-1225
Office: 202-357-8100
www.dhs.gov/cisombudsman
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sunny1000
09-19 11:47 PM
Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.
It makes no sense to through that away
Good point...
One thing we can do immediately is to add the words " An organisation of Legal Immigrants" or something to that effect under the globe which says immigration voice on it on the top left corner of the web page. This will immediately make know of our status to those who visit us..Just my 25 cents...;)
It makes no sense to through that away
Good point...
One thing we can do immediately is to add the words " An organisation of Legal Immigrants" or something to that effect under the globe which says immigration voice on it on the top left corner of the web page. This will immediately make know of our status to those who visit us..Just my 25 cents...;)
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varshadas
02-08 08:23 PM
Its OK either way. Everyone is not needed. It does not matter if you are not from the district. If you can't make it, don't sweat it. Hemal is coming. Two of us should be OK.
Btw, what happened to the flyer distribution at Metropark?
Thanks,
Varsha
Btw, what happened to the flyer distribution at Metropark?
Thanks,
Varsha
dankusam
12-12 09:39 PM
Hi could someone please show me how to write the letter to explain reason for AP? Should I explain why I am leaving or emphasize on the need to come back?
Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?
Thanks much!!
Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?
Thanks much!!
GCanyMinute
08-02 02:42 PM
Hey BumbleBee ! Thanks a lot!!
Now I clearly understand even though it is not good news :( since people from the backlogs centers are getting their LC approved with a PD prior than mine !!!
Anyways I can't complain right? i still can renew my EAD and travel documents so I guess my turn will come soon...hopefully!! :D
Thanks for helping me.
Now I clearly understand even though it is not good news :( since people from the backlogs centers are getting their LC approved with a PD prior than mine !!!
Anyways I can't complain right? i still can renew my EAD and travel documents so I guess my turn will come soon...hopefully!! :D
Thanks for helping me.
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