qvadis
12-29 04:03 PM
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
wallpaper Video beats novak vs novak
amitjoey
03-23 12:19 PM
I have mailed asking for the meeting info. I will meet the local lawmakers.
Arun, I will PM you. I am ready to go with you. I am from Northern California.
Arun, I will PM you. I am ready to go with you. I am from Northern California.
anilsal
12-26 10:25 AM
a couple of months can call the customer service to at least get someone look at their files.
Demand for visas exceeds the supply.
Demand for visas exceeds the supply.
2011 NOLE - THE BEST - Novak
lc4gc
04-03 08:32 AM
thank you IV, solute to all of you!!!
more...
ItIsNotFunny
06-18 01:49 PM
This is really required. I am with you. I myself was stuck last year and had to postponed my ticket for 8 days. My wife is scared to go to India even if my father in law is not well due to this issue as managing kids will be way more difficult without her if she is stuck.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
nrk
10-29 01:47 PM
Thanks rb,
Did you visit any country that might have triggered this?
I worked in Kuwait and visited Bahrain, Dubai. Does any of the countries were in that list.
Have you ever faced any issues with your last name being on no fly list?
No
Regards,
NRK
NRK,
Did you visit any country that might have triggered this?
Have you ever faced any issues with your last name being on no fly list?
You have pretty much answered no to most of the questions asked by other posters. If the answers to the above questions are no too, then it must be USCIS error.
Did you visit any country that might have triggered this?
I worked in Kuwait and visited Bahrain, Dubai. Does any of the countries were in that list.
Have you ever faced any issues with your last name being on no fly list?
No
Regards,
NRK
NRK,
Did you visit any country that might have triggered this?
Have you ever faced any issues with your last name being on no fly list?
You have pretty much answered no to most of the questions asked by other posters. If the answers to the above questions are no too, then it must be USCIS error.
more...
snathan
07-08 12:17 AM
^^^^^^^^^^^^
2010 Novak Djokovic Photos, Novak
dagrawal
12-14 03:06 PM
I got my 2 year EAD in about 60 days (filed on first week of Oct 2010).
Thanks
Deepak
Thanks
Deepak
more...
transpass
02-23 02:16 PM
I got the scanned copy of the RFE of my wife's case from my attorney this morning, here are the details - "Need secondary evidence to demonstrate the claimed relationship..."
I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?
Thank you!!
Sometimes, Indian passport has spouse's name entered...May be that should help also..
I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?
Thank you!!
Sometimes, Indian passport has spouse's name entered...May be that should help also..
hair **EXCLUSIVE** Novak Djokovic
amitga
06-24 02:30 PM
Schumer Says Immigration Reform Will Happen - Roll Call (http://www.rollcall.com/news/36228-1.html)
Sen. Charles Schumer (D-N.Y.) maintained Wednesday that Congress will tackle comprehensive immigration reform this Congress, and perhaps even this year.
�All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year,� Schumer, the No. 3 Democratic leader, said during a speech before the Migration Policy Institute.
Schumer, chairman of the Judiciary Subcommittee on Immigration, Refugees and Border Security, outlined key principles that must be part a reform bill, including strong enforcement of illegal immigration, an employer-based verification system and a direct path to citizenship.
The Democratic Conference vice chairman, who will join a group of lawmakers at the White House on Thursday for a summit on immigration, underscored �the intensity for solving this problem once and for all� this year. Majority Leader Harry Reid (D-Nev.) has similarly suggested that immigration must be tackled sooner rather than later.
�I have no doubt that President Obama has an unyielding commitment to achieving comprehensive immigration reform,� Schumer said. �And I truly believe that his leadership will be the critical difference in getting us over the hump this time around.�
Schumer said the last legislative attempt in the 110th Congress failed because it wasn�t strong enough in clamping down on illegal immigration. This year, he said, that issue must be a top priority.
�I think on the part of the left, there�s an understanding that unless we convince American we�re going to be really tough ... it�s the only way to do it,� Schumer said.
With Republican losses among immigrant voters in the last election, Schumer said the GOP has an interest in moving on a reform bill as well.
Reid said Tuesday that immigration remains a top priority this year � just behind health care reform and climate change legislation. He said he has spoken with White House officials on the matter, and despite a packed schedule that includes appropriations bills and a Supreme Court confirmation, the Majority Leader said he has the votes and the support to take on another complex issue this year. Obama, for his part, has said he wants to get negotiations rolling on immigration but hasn�t laid out a timetable for passing a reform package.
Sen. Charles Schumer (D-N.Y.) maintained Wednesday that Congress will tackle comprehensive immigration reform this Congress, and perhaps even this year.
�All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year,� Schumer, the No. 3 Democratic leader, said during a speech before the Migration Policy Institute.
Schumer, chairman of the Judiciary Subcommittee on Immigration, Refugees and Border Security, outlined key principles that must be part a reform bill, including strong enforcement of illegal immigration, an employer-based verification system and a direct path to citizenship.
The Democratic Conference vice chairman, who will join a group of lawmakers at the White House on Thursday for a summit on immigration, underscored �the intensity for solving this problem once and for all� this year. Majority Leader Harry Reid (D-Nev.) has similarly suggested that immigration must be tackled sooner rather than later.
�I have no doubt that President Obama has an unyielding commitment to achieving comprehensive immigration reform,� Schumer said. �And I truly believe that his leadership will be the critical difference in getting us over the hump this time around.�
Schumer said the last legislative attempt in the 110th Congress failed because it wasn�t strong enough in clamping down on illegal immigration. This year, he said, that issue must be a top priority.
�I think on the part of the left, there�s an understanding that unless we convince American we�re going to be really tough ... it�s the only way to do it,� Schumer said.
With Republican losses among immigrant voters in the last election, Schumer said the GOP has an interest in moving on a reform bill as well.
Reid said Tuesday that immigration remains a top priority this year � just behind health care reform and climate change legislation. He said he has spoken with White House officials on the matter, and despite a packed schedule that includes appropriations bills and a Supreme Court confirmation, the Majority Leader said he has the votes and the support to take on another complex issue this year. Obama, for his part, has said he wants to get negotiations rolling on immigration but hasn�t laid out a timetable for passing a reform package.
more...
gc??
04-22 01:30 PM
what are the "legal types" of clothes ;)
hot I like thatquot;, said Djokovic
USDream2Dust
04-08 03:04 PM
They didn't mentioned it in the press release though..
But this is USCIS. To calculate 21605-20000 they need full business day. Jokes apart they haven't mentioned. My guess is probability of winning lotto on Masters quota would be far higher than on regular quota. I could be wrong.
But this is USCIS. To calculate 21605-20000 they need full business day. Jokes apart they haven't mentioned. My guess is probability of winning lotto on Masters quota would be far higher than on regular quota. I could be wrong.
more...
house natasa bekvalac3 Nataša
gc4arun
08-19 10:57 AM
pending NC, that's what I hear everyime I am lucky to be connected to second level CSR /IO
NC is cleared( source: Recent Infopass appt )
NC is cleared( source: Recent Infopass appt )
tattoo Baš su lep par Nataša Bekvalac
InTheMoment
04-22 05:08 PM
That may be true if you are not a AZ resident.
If you are an AZ resident, a AZ driver license is enough to prove your legal presence in the US. This is expressly stated in the Bill.
Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
If you are an AZ resident, a AZ driver license is enough to prove your legal presence in the US. This is expressly stated in the Bill.
Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
more...
pictures Novak Đoković raskinuo sa
webm
07-04 02:24 PM
Congrats!! ssharma..Happydays with GC..
------------------
PD: EB3 India Oct,2001
485 AD:Waiting...
Dear IV folks,
After a long long 7 years I finally received my Green Card y'day.
If not anything... this process does forcefully teach patience, hope, anger mgnt & gives a new understanding of terms UNFAIR & UNJUST.
My app did experience all the delays ..Backlog centers, company change, date portability, NameCheck..
For expediting Namecheck & Serv. ticket I had written/fax/calls to almost everyone in govt. White House, First Lady, DHS Dir, TSC Dir, USCIS Dir, Senator...
Not sure if anything worked, but finally 180 day rule might have helped.
Finally ...it's a great sense of relief.
I was desperately needing it now as I wanted MBA loan & change of field etc.
Special thanks to pappu,logiclife,berkeleybee,Googler ...you guys are the lighthouses in this long tempest.
It's amazing that someone whom you don't know & have never met, inspire & guide so many others.
All the very best to everyone & I hope everyone gets their GC in a FAIR order - FIFO -.
God bless you all.
-------------------------
IND
140 - Dec 2001 (EB3) BEC
140 - Aug 2005 (EB2) PERM
485 - May 2007
------------------
PD: EB3 India Oct,2001
485 AD:Waiting...
Dear IV folks,
After a long long 7 years I finally received my Green Card y'day.
If not anything... this process does forcefully teach patience, hope, anger mgnt & gives a new understanding of terms UNFAIR & UNJUST.
My app did experience all the delays ..Backlog centers, company change, date portability, NameCheck..
For expediting Namecheck & Serv. ticket I had written/fax/calls to almost everyone in govt. White House, First Lady, DHS Dir, TSC Dir, USCIS Dir, Senator...
Not sure if anything worked, but finally 180 day rule might have helped.
Finally ...it's a great sense of relief.
I was desperately needing it now as I wanted MBA loan & change of field etc.
Special thanks to pappu,logiclife,berkeleybee,Googler ...you guys are the lighthouses in this long tempest.
It's amazing that someone whom you don't know & have never met, inspire & guide so many others.
All the very best to everyone & I hope everyone gets their GC in a FAIR order - FIFO -.
God bless you all.
-------------------------
IND
140 - Dec 2001 (EB3) BEC
140 - Aug 2005 (EB2) PERM
485 - May 2007
dresses with Natasa Bekvalac,
needhelp!
02-08 04:26 PM
If I were you, I would talk about my problem and how frustrated I am to ALL my colleagues and friends and well-wishers and get atleast 100 letters that will help to pass the "filing before PD current" admin fix which is part of the current campaign.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
more...
makeup Nataša Bekvalac objavila novi
venky08
12-28 01:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
girlfriend AUSTRALIAN OPEN 2011: NOLE
Berkeleybee
03-09 04:46 PM
Report back
On speeding up Labor certification
When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?
The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.
One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.
Bluekayal
Great summary Bluekayal!
A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]
(1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.
(2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.
(3) Background checks
(a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
(b) FBI conducts a finger print check
(c) FBI conducts a name check.
So I don't know what she meant by FBI can do it. They already are.
On speeding up Labor certification
When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?
The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.
One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.
Bluekayal
Great summary Bluekayal!
A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]
(1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.
(2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.
(3) Background checks
(a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
(b) FBI conducts a finger print check
(c) FBI conducts a name check.
So I don't know what she meant by FBI can do it. They already are.
hairstyles 13 Jun 2011
imh1b
11-12 09:16 AM
Visa bulletin is coming today
gk_2000
08-23 03:03 PM
Suppose I have an approved I-140 in EB3, and I ask my employer to port to EB2, and the EB2 i-140 gets denied. Does it result in losing my PD?
kpatel_29
12-20 02:33 PM
NY consulate is even worst than others. After a month of trying to reach them regarding my passport application, they told me they never received my application nor my passport. I had to sent them shipping tracking info and eventually they found my application sitting in a drawer. Never bother to opened it till than. I had to go through some higher level rank person to get my case resolved. The customer rep. phone is always busy, never able to get a hold.. I don't have to visit them for next 10 years,,,, thank GOD..
No comments:
Post a Comment