vbkris77
12-10 04:17 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
wallpaper Halle Berry is putting her
WeShallOvercome
08-02 04:08 PM
I just spoke to a lady at USCIS and she told me they just started working on case receipts for July 2nd and onwards so in next couple of weeks most of you who filed in first week of july should see their receipts..this is what she told me and she sounded very authentic..
I think they are all on same page. Entering all applications in their systems by monday and another8-10 days for all to get receipts makes it 2 weeks :)
I think they are all on same page. Entering all applications in their systems by monday and another8-10 days for all to get receipts makes it 2 weeks :)
satishku_2000
07-05 05:10 PM
CALL your state senators. State senators are interested in listening from people who reside in their respective states, Cause they technically represent them. So they want to hear what affects their constituents.
Call your state senators first, then call your house reps, (remember logfren is a house rep) and then the others.
I did that already ...:)
Call your state senators first, then call your house reps, (remember logfren is a house rep) and then the others.
I did that already ...:)
2011 Halle Berry amp; Gabriel Aubry
HV000
07-22 12:28 PM
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
more...
amitga
04-30 02:49 PM
Now President should unite all the democrates in senate to pass this legislation.
coolngood4u80
08-12 12:54 PM
Just looking at the employment based inventory statistics, if every applicant were charged $2000 for visa recapture, it is close to $400M for uncle sam. All EB backlogs would be eliminated, new immigrants would continue contributing to Social security, pay taxes, buy new homes, invest etc... Cant they see the potential upside to this?
Well said ..I totally agree with you....they would get their $400 million instantly..
Well said ..I totally agree with you....they would get their $400 million instantly..
more...
nk2006
10-24 03:05 PM
Seems like there are more such cases - there is a news item on this topic yesterday on www.immigration-law.com with the title "10/23/2008: Increasing Customer Reports of Denial of AC-21 Ported I-485 Applications Without NOID by USCIS Upon Petitioner's Withdrawal of Approved I-140 Petitions"
Seems like they too dont know whether its related to untrained USCIS staff's mistake or some other issue.
Seems like they too dont know whether its related to untrained USCIS staff's mistake or some other issue.
2010 Berry
akv123
07-20 06:10 PM
The numbers are assumptions and NOT facts. Most of these numbers have actually been pulled from other places or based on some rationale (for example 750,000 from Matthew Oh site, 5 minutes/EAD based on what need to be done to print out a card and pack in an envelop)
Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.
Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
What about bringing on H1B fresh graduates as Visa Processing Experts with a two days of Boot Camp Training? Anyway, we are forgetting that USCIS processed 25000 applications in 2 days. Please do not undermine efficiency we have seen in last days -- with that rate, I expect everything to get cleared in few weeks. If improved productivity is maintained/sustained to this level, I do not see any chance for outsourcing or bring H1B guys to this country. Best luck America!
Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.
Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
What about bringing on H1B fresh graduates as Visa Processing Experts with a two days of Boot Camp Training? Anyway, we are forgetting that USCIS processed 25000 applications in 2 days. Please do not undermine efficiency we have seen in last days -- with that rate, I expect everything to get cleared in few weeks. If improved productivity is maintained/sustained to this level, I do not see any chance for outsourcing or bring H1B guys to this country. Best luck America!
more...
for_gc
08-13 05:18 PM
Good interpreation there bro', too good to be true.
Doesn't help us any. The spillover numbers will go to the country which is most retrogressed. So, if Mexico EB3 goes back to April 2001 and stays there and there are any spillover numbers they will first go to Mexico.
Doesn't help us any. The spillover numbers will go to the country which is most retrogressed. So, if Mexico EB3 goes back to April 2001 and stays there and there are any spillover numbers they will first go to Mexico.
hair Actress Halle Berry said her
mps
03-04 01:22 PM
Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Hi gcisa*:
I have not seen any LUDs on my case either.
Status is same as yours.
That shouldn't be a big deal, as I have seen some approvals with no LUDs at all.
"On Oct 1st 2007 we received....blah blah blah...."
-GCisaDawg
Hi gcisa*:
I have not seen any LUDs on my case either.
Status is same as yours.
That shouldn't be a big deal, as I have seen some approvals with no LUDs at all.
more...
chanduv23
05-15 10:03 PM
For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.
Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.
But lets calm down for a minute.
The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.
I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.
See - these kind of decisions are not easy and not not everyone understands this stuff.
Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.
We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
- Lobbying, awareness etc.. are basic principles of IV .
we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.
Nevertheless - one must know how litigation also works in case that is the only option.
I request people to please share their ideas and thoughts on how to tackle such issues.
Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.
Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.
But lets calm down for a minute.
The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.
I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.
See - these kind of decisions are not easy and not not everyone understands this stuff.
Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.
We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
- Lobbying, awareness etc.. are basic principles of IV .
we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.
Nevertheless - one must know how litigation also works in case that is the only option.
I request people to please share their ideas and thoughts on how to tackle such issues.
Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.
hot Halle Berry and Her Daughter
lonedesi
08-06 03:36 PM
^^^^^
more...
house Halle Berry will no longer be
nc14
07-06 08:20 AM
One of the most comprehensive articles reflecting our plight. Please digg.
tattoo Halle Berry and her ex,
manishs7
07-20 04:08 PM
Hilary and Obama said NO to Legal Immigration...
MCcain said YES...
Choice is yours..
THINK before you vote...
MCcain said YES...
Choice is yours..
THINK before you vote...
more...
pictures *Halle Berry and Gabriel Aubry
prioritydate
07-11 10:51 AM
I was hoping to get a 2 year EAD, but I am wrong now. Make the VB current, issue 1 year EAD and then retrogress. What a brain!!!
dresses Halle+erry+nahla+2011
diptam
01-14 12:35 PM
Within a week of receiving the RFE, USCIS approved my EB3 I-140. It was going beyond limit - 20 months for a process which typically takes 6-8 months !! The last 8 months was most painful - I was been played like a Ping pong ball between NSC,Ombudsman,Congressman Ed Markey's office,My lawyer, My employer and Senator John Kerry's office.
But the at the end of it i would say - Senator John kerry's office really helped. Nebraska touched my case after receiving letter from them only. Congressman Ed Markey's office tried to help and said positive things but probably they don't have that much influence to shake the "laziest of the lazy" USCIS staffs.
My company sent the RFE (dated 12/9/08) reply yesterday 1/7/09 and today they received the package. Within 2 hrs my case status changed to "RFE response received and case resumed"
Lets see how fast USCIS adjudicates now. Just thought of sharing this milestone of my 20 month old I-140 Journey.
But the at the end of it i would say - Senator John kerry's office really helped. Nebraska touched my case after receiving letter from them only. Congressman Ed Markey's office tried to help and said positive things but probably they don't have that much influence to shake the "laziest of the lazy" USCIS staffs.
My company sent the RFE (dated 12/9/08) reply yesterday 1/7/09 and today they received the package. Within 2 hrs my case status changed to "RFE response received and case resumed"
Lets see how fast USCIS adjudicates now. Just thought of sharing this milestone of my 20 month old I-140 Journey.
more...
makeup Oscar-winning actress Halle
sanprabhu
07-20 10:02 AM
Actually it was lost by only 2 votes. Only 95 Senators voted and hence 57 votes would have been enough to carry it through. Really Sad. :(
That only 57 is required is not correct. The vote needs 60 to pass the motion. If no is totaling up only 37 but if yes is 59 still then it would not pass. Also if the senator is absent then it is considered a NO vote.
That only 57 is required is not correct. The vote needs 60 to pass the motion. If no is totaling up only 37 but if yes is 59 still then it would not pass. Also if the senator is absent then it is considered a NO vote.
girlfriend Halle Berry
panky72
06-24 10:36 PM
I don't think he is compromising but he is listing the potential problems that we face...and I am sure that he is living life to the fullest in his way. and I agree that because of GC ..we face some issues in travel ..in other words ..a bit of tension is always there about AP / H1 stamping etc. for e.g. if I had GC then most likely I would have gone for longer and even unpaid vacations every year ..but because of GC ...I have to be more careful (for the better I guess).
What does America gain from your "long and unpaid vacations":D
What does America gain from your "long and unpaid vacations":D
hairstyles Halle Berry is preparing to go
vbkris77
09-05 10:58 PM
I missed the boat in 2007. I think the bigger point here is that people vent their frustration of their GC journey only in a blog hiding their identity. When it comes to real work of meeting people, most hide under their bed..
If the July 2007 fiasco hadn't happened, we wouldn't have had this mess. Most waiting on GC would have quit and gone home making the line shorter :rolleyes:
(The last line is sarcastic)
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
If the July 2007 fiasco hadn't happened, we wouldn't have had this mess. Most waiting on GC would have quit and gone home making the line shorter :rolleyes:
(The last line is sarcastic)
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
saveimmigration
09-10 11:55 AM
The worst thing that can happen is it retrogresses further next month. I think it will move at a slow pace until the "fiasco"season starts in July
qualified_trash
08-10 11:51 AM
I tried an ITIN but I got a formal response from IRS that the child needs to have a SSN to be eligible for the credit.
This is from the IRS website at:
http://www.irs.gov/faqs/faq7-2.html
Can I get the Child Tax Credit for a child with an ITIN, not a social security number?
Yes, with an individual tax identification number (ITIN), you can claim the Child Tax Credit if you otherwise qualify. The Child Tax Credit can only be claimed by the parent claiming the child as a dependent.
Please refer to the Form 1040 Instructions or the Form 1040A Instructions index for the Child Tax Credit. The referenced pages will explain who qualifies for the Child Tax Credit, and how to calculate it.
When you are finished with FAQs, please tell us if we have helped you by clicking here and taking a short survey.
References:
* Form 1040 Instructions
* Form 1040A Instructions
* Tax Topic 606, Child Tax Credit
As for:
If you ever filed your tax return yourself and have a kid, you will know what I mean.
I have filed returns for my child but my child was born here so we do have a SSN.
This is from the IRS website at:
http://www.irs.gov/faqs/faq7-2.html
Can I get the Child Tax Credit for a child with an ITIN, not a social security number?
Yes, with an individual tax identification number (ITIN), you can claim the Child Tax Credit if you otherwise qualify. The Child Tax Credit can only be claimed by the parent claiming the child as a dependent.
Please refer to the Form 1040 Instructions or the Form 1040A Instructions index for the Child Tax Credit. The referenced pages will explain who qualifies for the Child Tax Credit, and how to calculate it.
When you are finished with FAQs, please tell us if we have helped you by clicking here and taking a short survey.
References:
* Form 1040 Instructions
* Form 1040A Instructions
* Tax Topic 606, Child Tax Credit
As for:
If you ever filed your tax return yourself and have a kid, you will know what I mean.
I have filed returns for my child but my child was born here so we do have a SSN.
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