Lasantha
06-19 02:19 PM
Get a approval notice for I-140 and file I-485 urself, if I-140 not approved then get the receipt number and file urself
But he still needs the Employer Verification Letter from his employer. :(
But he still needs the Employer Verification Letter from his employer. :(
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felix31
01-31 03:44 PM
FYI: USCIS does not charge for Visa Lottery... It's FREE.
Yes sir, they do.
If you are chosen and pass the first screening, when they ask for documents you are also sending application fee that is around 500$. And GC is still not guranteed if the chosen applicant cannot persuade IO he will settle successfully. You need to show the ties, someone to help you with the job, show the moneys for the first few months, etc etc..
I personally know several people who were refused based on their family size and that they would be below poverty line if they immigrate into US.
Go figure!
GC lottery is the biggest joke ...
BTW, application fees are nonrefundable..
Yes sir, they do.
If you are chosen and pass the first screening, when they ask for documents you are also sending application fee that is around 500$. And GC is still not guranteed if the chosen applicant cannot persuade IO he will settle successfully. You need to show the ties, someone to help you with the job, show the moneys for the first few months, etc etc..
I personally know several people who were refused based on their family size and that they would be below poverty line if they immigrate into US.
Go figure!
GC lottery is the biggest joke ...
BTW, application fees are nonrefundable..
snathan
04-19 12:06 PM
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
It all depends on what you have in the PERM requirement. If you have like MS, BS or any foreign equivalent as evaluated by reputed firm or equivalent experience then you can get approval
.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
It all depends on what you have in the PERM requirement. If you have like MS, BS or any foreign equivalent as evaluated by reputed firm or equivalent experience then you can get approval
.
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test101
07-10 08:04 AM
we need to focus our effort on the EB situation not on LOU DOBB...
more...
abqguy
01-23 02:28 PM
I cannot believe that out of the thousands who are affected, only 155 so far have taken a step to scream for help by writing this letter. Guys, C'mon, we can do better than that.
I have an analogy for those of us who work in IT. If a user contacts us with an issue in the software application, we look at it and go.....I'll work on it when I get a chance. The issue gets dumped in the back burner and may or may not get resolved. On the other hand, if all of a sudden, several 100 users start complaining about an issue, we roll up our sleeves and start working on a fix right away. I should say, this applies not just to IT, but every other area. Unless, you make them aware of the problem, there is going to be NO resolution.
I have an analogy for those of us who work in IT. If a user contacts us with an issue in the software application, we look at it and go.....I'll work on it when I get a chance. The issue gets dumped in the back burner and may or may not get resolved. On the other hand, if all of a sudden, several 100 users start complaining about an issue, we roll up our sleeves and start working on a fix right away. I should say, this applies not just to IT, but every other area. Unless, you make them aware of the problem, there is going to be NO resolution.
harsh
01-02 11:13 AM
Thanks Harsh..
you think it is safer to submit the last 2/3 paystubs while on H1 earlier along with the other documents we submit while filing for H1, or not even submit them.. I know the officer is at full liberty to ask whatever document he fancies at that moment and my stars at that time..
Do you think they will ask for the W2's while on H1 period..?
others too, pls share your thoughts.
I would follow the advise of your immigration attorney on this one. Sometimes they ask for pay stubs, sometimes they do not. So I would follow what your attorney advises on you. Normally USCIS will not ask for W2's. However an embassy will, when you go for stamping. They will ask for W2 and your tax returns to verify if you got paid whatever is written on your application as your salary.
you think it is safer to submit the last 2/3 paystubs while on H1 earlier along with the other documents we submit while filing for H1, or not even submit them.. I know the officer is at full liberty to ask whatever document he fancies at that moment and my stars at that time..
Do you think they will ask for the W2's while on H1 period..?
others too, pls share your thoughts.
I would follow the advise of your immigration attorney on this one. Sometimes they ask for pay stubs, sometimes they do not. So I would follow what your attorney advises on you. Normally USCIS will not ask for W2's. However an embassy will, when you go for stamping. They will ask for W2 and your tax returns to verify if you got paid whatever is written on your application as your salary.
more...
Dipika
01-12 02:29 PM
If preganent before starting insurance, then you won't get covered by most insurance comapny.
In this case Hospital charge very high for delivery.
But certain hospital provides package, like $3500 for Noraml Delivery and 2 days stay with including every month visiting doctor for checkup. if C-section then pay $1000 more to pay etc. I had pass throgh this for my first kid, but i'm living in NJ.
If Insurance is started b4 preganency then it will get covered.
In this case Hospital charge very high for delivery.
But certain hospital provides package, like $3500 for Noraml Delivery and 2 days stay with including every month visiting doctor for checkup. if C-section then pay $1000 more to pay etc. I had pass throgh this for my first kid, but i'm living in NJ.
If Insurance is started b4 preganency then it will get covered.
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hpandey
12-28 12:33 PM
Anyone invoking AC21 with unapproved I-140?
If you try to use AC21 without an approved I-140 your employer can withdraw the I-140 petition ( since it is not approved yet ) . So best wait a few months until it is approved and then merrily go the AC21 way
If you try to use AC21 without an approved I-140 your employer can withdraw the I-140 petition ( since it is not approved yet ) . So best wait a few months until it is approved and then merrily go the AC21 way
more...
sanju
10-21 10:14 PM
suresh.emails,
I said in my earlier post that I will think about it. This is what I have to say.
There are things that can be measured in single dimension say on x-axis. Say you have to buy a car and you have to ask yourself a question – which car do I like to buy? Say you like Honda as compared to other cars. Your likeability of Honda or such cars could be measured on the positive side of the x-axis and likewise, if you don’t like some car, that can be measured on the negative side on the x-axis. Now, there could be another dimension to the situation, say, what is the car model in question, if it is a civic or maybe accord, accord, CRV, Odyssey, Element or whatever. Now if you ask yourself that question again – which car do I like? This time you need two dimensions to answer the question which Honda model you like and which you don’t like. Foe the sake of clarity you can do this on the X&Y-axis. But say if there is a choice of multiple colors. You would have to now think/plot a 3-dimention model, say a cube, because you may like a model of Honda in one color but you may not like the same color in another model. Now there could be other combinations, say which year make or whether it is a sedan/coupe or the cost factor or resale value, mileage, new/old, dealership, goodies, experience of your friends/well-wishers etc. etc. etc. So there could be multiple dimensions analysis to answer a 7 word question - which car do I like to buy?
The reason I say this is, even situations which otherwise seem simple require multiple dimensions of analysis. And there could be many more dimensions that we do not know or we do not understand. But say, you ignore all dimensions to every situation, and judge every situation in a single dimension analysis - whether or not you like something or not? If you don’t like it, that something has to be wrong. If you like it, that something is right. It can be easily identified on the x-axis. Simple, isn’t it. Life would be so much easier; it would be so much fun.
But here is the problem. With single dimension analysis of every situation, we will all be wrong most of the time. Since our childhood, maybe that’s why we were sent to school to get educated so that we could gain the knowledge & wisdom which could help us to apply more than one dimension to every situation and we could gain the ability to evaluate and analyze things around us “intelligently” – in multi-dimension.
Your single dimension analysis of -ve comments situation is, you don't like them and that's why the entire system HAS to be wrong. You see what I am saying.
It’s ok to express in the any forum and if you don’t like a forum, as in this case you don’t like reputation system, you have the choice to totally ignore it and not look at it at all. But you chose to look at the reputation system maybe because you continue to be mindful of your reputation on the anonymous forum, but then you continue to complain about the existense of the red dot system. It’s the choice you make. And then you apply single dimension analysis – if you don’t like a comment, there is something wrong with the guy who posted a negative comment and the reputation system and the IV and everyone around us. And because you are not happy, you think it is ok to curse everyone saying that the entire immigration system cannot be fixed because IV has reputation system. You know, I have to tell you, you are pretty good.
The reason I say all this is, I have fundamental difference with the folks who do not like reputation system but continue to look at it and complain about it, even when they have the choice not to look at the reputation system. The problem doesn’t end there. Every week there is someone complaining about the reputations left for that guy, and I just have an intellectual disagreement with that behavior. And I do not have anything against you or anyone else, I am sure you are a good man with a kind heart.
.
I said in my earlier post that I will think about it. This is what I have to say.
There are things that can be measured in single dimension say on x-axis. Say you have to buy a car and you have to ask yourself a question – which car do I like to buy? Say you like Honda as compared to other cars. Your likeability of Honda or such cars could be measured on the positive side of the x-axis and likewise, if you don’t like some car, that can be measured on the negative side on the x-axis. Now, there could be another dimension to the situation, say, what is the car model in question, if it is a civic or maybe accord, accord, CRV, Odyssey, Element or whatever. Now if you ask yourself that question again – which car do I like? This time you need two dimensions to answer the question which Honda model you like and which you don’t like. Foe the sake of clarity you can do this on the X&Y-axis. But say if there is a choice of multiple colors. You would have to now think/plot a 3-dimention model, say a cube, because you may like a model of Honda in one color but you may not like the same color in another model. Now there could be other combinations, say which year make or whether it is a sedan/coupe or the cost factor or resale value, mileage, new/old, dealership, goodies, experience of your friends/well-wishers etc. etc. etc. So there could be multiple dimensions analysis to answer a 7 word question - which car do I like to buy?
The reason I say this is, even situations which otherwise seem simple require multiple dimensions of analysis. And there could be many more dimensions that we do not know or we do not understand. But say, you ignore all dimensions to every situation, and judge every situation in a single dimension analysis - whether or not you like something or not? If you don’t like it, that something has to be wrong. If you like it, that something is right. It can be easily identified on the x-axis. Simple, isn’t it. Life would be so much easier; it would be so much fun.
But here is the problem. With single dimension analysis of every situation, we will all be wrong most of the time. Since our childhood, maybe that’s why we were sent to school to get educated so that we could gain the knowledge & wisdom which could help us to apply more than one dimension to every situation and we could gain the ability to evaluate and analyze things around us “intelligently” – in multi-dimension.
Your single dimension analysis of -ve comments situation is, you don't like them and that's why the entire system HAS to be wrong. You see what I am saying.
It’s ok to express in the any forum and if you don’t like a forum, as in this case you don’t like reputation system, you have the choice to totally ignore it and not look at it at all. But you chose to look at the reputation system maybe because you continue to be mindful of your reputation on the anonymous forum, but then you continue to complain about the existense of the red dot system. It’s the choice you make. And then you apply single dimension analysis – if you don’t like a comment, there is something wrong with the guy who posted a negative comment and the reputation system and the IV and everyone around us. And because you are not happy, you think it is ok to curse everyone saying that the entire immigration system cannot be fixed because IV has reputation system. You know, I have to tell you, you are pretty good.
The reason I say all this is, I have fundamental difference with the folks who do not like reputation system but continue to look at it and complain about it, even when they have the choice not to look at the reputation system. The problem doesn’t end there. Every week there is someone complaining about the reputations left for that guy, and I just have an intellectual disagreement with that behavior. And I do not have anything against you or anyone else, I am sure you are a good man with a kind heart.
.
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ahmed
02-02 08:59 PM
pretty darn hard to vote :smirk:
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OLDMONK
06-27 03:21 PM
using a flash is ok, just be careful if you wear glasses (you might need some retakes before you get it right). and turn on red eye removal. 3.2 mp for the size (2x2) of picture is good enough.. Even 1 mp is good enough if you are zooming in to take pictures. but if you are cropping a 1 mp picture to take out surroundings, its better to use 2mp plus camera.
When using a flash you get harsher shadows, to counter that have light source both from left right and top and do the picture in daytime with atleast some natural light. Remember stand atleast 2 feet away from the white background.
Flash results specially in home environment without proper lighting won't be good at nighttime unless you use multiple synchronised flash guns.
I guess the other persons remark regarding flash may be related to lighting / over exposures/ shadows. (make sure you wipe your face if you have oily skin - no kidding )
In the end if you really want to make your pictures look good and per specifications go to a portrait studio.
When using a flash you get harsher shadows, to counter that have light source both from left right and top and do the picture in daytime with atleast some natural light. Remember stand atleast 2 feet away from the white background.
Flash results specially in home environment without proper lighting won't be good at nighttime unless you use multiple synchronised flash guns.
I guess the other persons remark regarding flash may be related to lighting / over exposures/ shadows. (make sure you wipe your face if you have oily skin - no kidding )
In the end if you really want to make your pictures look good and per specifications go to a portrait studio.
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Atpugkeviv
12-14 12:31 PM
The status on USCIS site chagned from initial receipt to approved and sent after about 105 days of receipt notice. I hope I recieve it next few days. I had applied to Dallas lock box - paper application.
more...
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smc
09-19 04:33 PM
Actually, the numbersusa website makes mention of SA 2143 (John Cornyn) of HR 1585,(currently being debated) which according to them allows for recapture of unused EB visas from 1996 and 1997.
Dont know if it is true or not, they are encouraging their folks to lobby against it.
Dont know if it is true or not, they are encouraging their folks to lobby against it.
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bigticket
08-23 12:01 PM
That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.
Final Q, how long it took from day1 of EB2 filing to filing I140 this week ?
Final Q, how long it took from day1 of EB2 filing to filing I140 this week ?
more...
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rajsri
01-12 02:01 PM
I travelled to India in December via Germany. I don't have a valid visa on my passport, but they allowed me to travel to India.
While coming back we have a valid US visa. I checked at Lufthansa counters in IAD airport and they said the transit visa is not required for immediate international flights.
While coming back we have a valid US visa. I checked at Lufthansa counters in IAD airport and they said the transit visa is not required for immediate international flights.
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kumar1
08-24 10:35 AM
Yes you may.
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
more...
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god_bless_you
02-20 06:20 PM
http://www.aila.org/content/default.aspx?docid=24696
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longq
12-20 03:41 PM
Hello IV and its core members,
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
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somegchuh
12-07 01:59 PM
I see there is a lot of discussion about how one day GOI will have an agreement with US Govt and we will all get benefits of all social security taxes paid. I don't see that happening because India doesn't have a social security system! US does have social security agreements with a lot of countries but those countries have social security programs. US transfers credits and the other govt has to take care of the details. Also, these agreements are always bilateral. India would have to offer some sort of social security or something in return to US nationals working there. I wouldn't get my hopes high about getting social security money if you leave the US before getting 40 credits. In fact even if you do gather the credits ... by the time you become eligible in 30 years things could be drastically different and you may not get a single penny out of it.
dineshksharma
07-14 03:50 PM
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
The officer only said "you will hear from us when we get the clearance."
Said nothing about keeping the passport.
Totoise
07-24 02:36 PM
Filed on June 12:RD on June 16 and got 2 yr EAD on July 23rd. Valid from July 18, 2008 thru July 17, 2010.
I lost approx 3 months.
I lost approx 3 months.
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