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  • CSPAvictim
    07-09 06:30 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.





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  • rajuram
    11-11 03:20 PM
    I am not sure what lobbying efforts would do for us, haven't worked so far...In my opinion we need more media visibility which makes politicians to take notice of us. In these troubled times they are open to any kind of ideas that would help the housing market.

    Just show the real numbers to the media -

    Approx 0.5 million people (well educated with decent earnings)
    Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
    Potentially quarter of million buyers for houses, that is a lot!!

    I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.



    IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.

    Shall we start a funding drive? rajuram - can you lead it?





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  • lahiribaba
    03-10 11:44 AM
    You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases� Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.

    well you got to re plumb once in a while dont you?

    the water and drainage system that worked 100 years ago does not work now ... or does it?





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  • gc28262
    04-10 11:14 AM
    Time and again I am telling. EB 3 problem is due to 245(i) cases. Once 245(i) primaries are over, their dependent will come into the picture, who are waiting back home. All 245(i) cases have PD before April 2001. For time being, EB3 I or Mexico move beyond April 01 but again retrogress back to the April 01 when cases are accumulate at CP. This is the reason why EB3 I and Mexico is not moving since last many years.
    If some one is not convince with me, request under FOIA
    1. How many cases filed under 245(i) in India, Mexico, and ROW
    2. How many cases filed under I 824 Follow to Join since 2007?

    I agree with your observations except the point that it will retrogress again to 2001.

    As dates have moved beyond April 2001, I don't believe there will be any more 245(i) s coming into the queue. Dependents of 245(i) applicants would have a PD of Apr 2001 or before. They already got their GCs by now. 245(i) applicants would have filed for their dependents already. If these 245(i) applicants file for relatives, they WON'T have 2001 PD.

    Please correct me if I am wrong.



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  • gconmymind
    07-14 06:36 PM
    Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.

    The reason there is an RFE and not a NOID means USCIS is trying to adjudicate your application. Depends what action they take on your response..my 2 cents





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  • WillIWin?
    07-23 02:24 PM
    My lawyer is going to submit the 485 WITHOUT a letter from my current employer. This is going to be a concurrent I-140 and I-485 application (140 and 485 applied together).

    I looked at the 485 application form and see that it clearly mentions - page 5, that a letter from the employer is required (mentioning job title, job description and salary). My lawyer still says it is NOT required.

    - Are there people who have submitted 485 applications OR who are going to submit the 485 WITHOUT an Employment letter ? Replies/advice greatly appreciated.
    Thanks in Advance!



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  • gcisadawg
    03-09 12:45 PM
    China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!

    India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!

    China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.

    EB3 ROW has been retrogressed as predicted in Oh's website.
    All non-India EB3 are at March 03 now....
    Will they keep them at March 03 for few months and give a bump to EB3?

    Something is cooking...Otherwise they wouldn't retrogress ROW by almost 2 years...





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  • sabudanawada
    03-20 09:34 AM
    Tens of thousands? :eek:you kidding me? where did you get that number from? Please explain your logic/source or refrain from making unwarranted assumptions.

    If they have made the priority date to 2003 now, what that should tell us is that they suspect only a few thousand applications pending before that deadline.

    NO, no way.

    There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.



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  • wam4wam
    02-17 07:39 AM
    i agree with retrohatao

    it is pretty much useless to fight for ending tetrogression when we know we are going to get stuck in name check for 2-3 years after that


    infact i am hoping and praying that the EB relief bill does not pass until my name check has been cleared...as i will not be able to use the available visa numbers .

    the name check issue is a big big problem.

    trust me...if we dont include it right now....2 years from now...all of us will be forming a new web site with Name check as the primary issue...:eek:





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  • nomi
    12-13 10:25 AM
    Count me and 2 more members with me....lets have a plan..and execute it.


    Would some one will take control to make letter ready which we need to send to USCIS and I will work to get info about USCIS office and fax number ??

    Please let me know who will make this fax letter ready ??

    thx.



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  • thirdworldman
    02-15 09:17 PM
    I don't usually like to post until I'm done, but here's what I've got so far; I'm going the "light study" route.

    http://www.tweakmedia.com/casey/3dsubway.jpg





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  • gc_on_demand
    03-11 09:25 AM
    If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.

    If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".

    If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.

    If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.

    IV team please start the fund raising for re-capturing visa numbers. Thanks.



    Some anti immigrants are ready to kill our bill. If we introduce at time nothing is going to happen . Even it may kill CIR and that is what Anti wants.. This guy is encouraging people to push for recapture which will die soon. Why he didnot update profile. Even if he is good member he should pledge 25 $.



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  • kumarc123
    03-12 12:59 PM
    u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......

    i think greyhair, you, kumarc123 are all part of the problem...... let me re-phrase that.... u r all a disease plaguing this eb community...... everyone has their own little petty reason for not participating...... so just eat taco with u'r $25, no need to think over.... keep volunteering me for doing things for u.... i don't care much for this bickering back & forth.... so leave me alone & let me enjoy my friday....

    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





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  • Canadian_Dream
    04-10 05:56 PM
    the fact that reform is needed does not mean this is the best way.
    and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.

    My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
    In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
    Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.


    How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
    Applying your logic , you should get a job in your home country if you are smart enough.
    You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.

    Check out some of the prevailing wages and see for yourself if these are real market wages:

    System Analyst in San Jose California $64K
    http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
    Consultant in San Francisco 55K
    http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf



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  • Jaime
    09-10 01:04 PM
    Process stops if you get laid off and No grace period - No matter whether you have a PhD or Masters from a U.S. university and have been stuck in the green card process for 10 years. If you get laid off after all your contributions and frustrations you are automatically "out of status" that very second, and are expected to LEAVE THE U.S. IMMEDIATELY, doesn't matter if you have kids in school, a mortgage, etc. You'd better leave immediately or you risk being deported and "barred from the U.S." for 10 years (didn't know? Look at the law)





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  • Madhuri
    01-30 01:28 PM
    after going through Logiclife's posts, I remembered all the horror stories I see happening aroung me since past 6 years, I also had arole in one of them.

    Just thought a low-budget film about 'H-Horror' will be a good idea to expose these desi companies.



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  • desi3933
    02-11 12:27 PM
    Check this link

    Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)

    Point V and part 2

    the numbers come around 137000 ( which is 3000 ) Short of 140,000 ( I think the actual number will be 140,000 + Spill over FB Visas from 2008 If any )

    Thanks

    Read again.
    Point V and part 2 covers only eb1 thru eb4 only.

    Employment based visa numbers 140,000 is for eb1 thru eb5.

    As mentioned in my previous post in this thread, for FY2008 family based numbers are totally used, so there were no unused numbers for employment based FY2009 numbers.


    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • gccovet
    09-10 11:08 AM
    There were discussing the first bill - something about horses.
    They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)

    funny ... but true..

    aliens comes after humans and animals :)





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  • hoolahoous
    03-16 01:16 AM
    so if you have a 4-year degree you consider yourself "highly-skilled"??
    hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
    console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
    go get some real skills, do a REAL job, then we will talk.
    and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.

    Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......

    i am really not sure how to reply to your post.. somehow you think you are a superior being and you are the only one 'eligible' for Green Card..
    just fyi I am EB2 , and probably make much more than you can even imagine, if it somehow amuses to you (though I fail to see why)
    you seem to be intentionally trying to cause stir.. i don't want to get into mud throwing contest by stooping to your level. your comments and depth (or lack thereof) of thoughts show the kind of person you are. I will let words speak.





    tooclose
    07-13 10:20 AM
    you seem to be right - the doc does say that ! - you made my day - MORE SOUP FOR YOU !

    Great ! Now atleast my application has a slim chance of getting in.

    :)





    sankalp
    06-11 12:13 PM
    rightly said. This is not first time this came up on radar. with success of TARP this comes up everytime we fix the system.

    Done

    Senator John Cornyn (R-TX)
    Senator Kay Bailey Hutchison (R-TX)



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