andy garcia
10-01 10:23 AM
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)
Macaca;
Here is where the confusion lies with respect to unused, wasted, etc.
The Immigration Act of 1990 (P.L. 101-649) restructured the immigrant categories of admission and made other modifications to the Immigration and Nationality Act.
The 1990 Act divided the preference classes into two general categories: family-sponsored(FS) and
employment-based(EB). Limits on the number of visas issued in these two categories are determined annually.
FS limits�The worldwide level for FS preferences is calculated as:
480,000 minus the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as
immediate relatives of U.S.citizens
children born subsequent to the issuance of a visa to an accompanying parent
children born abroad to lawful permanent residents on temporary trips abroad
plus unused EB preferences in the previous fiscal year.
The 1990 Act specifies that the family-sponsored limit may not go below a minimum of 226,000 in any year.
EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)
Macaca;
Here is where the confusion lies with respect to unused, wasted, etc.
The Immigration Act of 1990 (P.L. 101-649) restructured the immigrant categories of admission and made other modifications to the Immigration and Nationality Act.
The 1990 Act divided the preference classes into two general categories: family-sponsored(FS) and
employment-based(EB). Limits on the number of visas issued in these two categories are determined annually.
FS limits�The worldwide level for FS preferences is calculated as:
480,000 minus the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as
immediate relatives of U.S.citizens
children born subsequent to the issuance of a visa to an accompanying parent
children born abroad to lawful permanent residents on temporary trips abroad
plus unused EB preferences in the previous fiscal year.
The 1990 Act specifies that the family-sponsored limit may not go below a minimum of 226,000 in any year.
EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.
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santb1975
07-19 12:12 PM
I have been contributing 50$ a month so far. I upgraded that to 100$ every month. Please contribute.
Also I was wondering Isn't there a way to upgrade from 50$ to 100$ by changing the amount. I had to sign up for 100$ recurring and cancel the 50$ recurring contribution. Could be just me today :-)
Also I was wondering Isn't there a way to upgrade from 50$ to 100$ by changing the amount. I had to sign up for 100$ recurring and cancel the 50$ recurring contribution. Could be just me today :-)
chi_shark
02-23 02:18 PM
It means USCIS has pre-adjudicated your I-485 if it was filed before october 2008.
i thought it meant that you had to wait 4 months after your priority date is current to have any expectation of adjudication... no?
i thought it meant that you had to wait 4 months after your priority date is current to have any expectation of adjudication... no?
2011 Archive for February, 2011
jung.lee
09-12 12:41 AM
Great idea, although I prefer the "Whatever Clock (http://www.amazon.com/California-Clock-Co-Whatever/dp/B00103ON5Y/ref=pd_sbs_k_5)" since their [USCIS] forward and backward movements happen for no apparent rhyme or reason.
more...
bestofall
07-15 03:25 PM
Here is my pledge.
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Satyasai ,
You are the STAR ,
Iam sure every one will get motivated by you :)
Thanks
Bestofall
If $2000 is reached today, i will send another $50 today.
(Fyi, i've already sent$50 yesterday)
Satya
Satyasai ,
You are the STAR ,
Iam sure every one will get motivated by you :)
Thanks
Bestofall
YesGC_NoGC
02-12 12:11 PM
PD Dec 2004 from DBEC
more...
Ram_C
09-12 07:28 PM
How do I place the google order? This is going to be my first contribution..
check this link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44(you need to scroll down to find google checkout)
check this link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44(you need to scroll down to find google checkout)
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pappu
11-30 01:21 AM
Great work Jimi and the CA chapter members!
more...
ssarathk
09-11 09:06 PM
Thanks a lot for the great efforts IV is putting to resolve this crucial matter which will make "American dream" come true for a lot of people including me.
I will surely attend the DC rally.
Thanks again!
I will surely attend the DC rally.
Thanks again!
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selvaela
07-16 09:34 AM
Hi,
Donated 10 dollar. Here are my details.( DCU allows me to release the payment only on 7/21. Sorry about that.
Confirmation No: 7YHSG-0JVVC
Donated 10 dollar. Here are my details.( DCU allows me to release the payment only on 7/21. Sorry about that.
Confirmation No: 7YHSG-0JVVC
more...
komaragiri
08-02 04:26 PM
i am a 2nd july filer, my cheques were cashed today. filed at nebraska
Congrats !! Hopefully we all get some good news before the weekend !
Congrats !! Hopefully we all get some good news before the weekend !
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samy
03-13 12:10 PM
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
These kind of guys are joking. I saw many such posts before. They post and then wont answer subsequent questions. Just make fool of people.
EB3 _india is dead meat. It will take 5 years even for Jan 2002 PD. Forget about GC and enjoy your life. It just is not worth talking about it.
These kind of guys are joking. I saw many such posts before. They post and then wont answer subsequent questions. Just make fool of people.
EB3 _india is dead meat. It will take 5 years even for Jan 2002 PD. Forget about GC and enjoy your life. It just is not worth talking about it.
more...
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Suva
09-01 09:20 AM
Landed in April, 2000. Filed labor in Dec, 2004. 6 years and still counting.
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vin13
03-12 03:33 PM
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
more...
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mheggade
07-20 04:52 PM
On positive note , if you multiply
500,000 X400$(EAD and AP)
USCIS will have $200,000,000 bounty in just one month.
500,000 X400$(EAD and AP)
USCIS will have $200,000,000 bounty in just one month.
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ItIsNotFunny
10-24 05:12 PM
ItIsNotFunny:
I have sent out the email and couple of my friends will also do the same. Good intiative, much appreciated.
Thanks wandmaker for appreciation. It helps!
I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.
To all,
If you appreciate me, please help me by motivating others to join the movement.
If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
I have sent out the email and couple of my friends will also do the same. Good intiative, much appreciated.
Thanks wandmaker for appreciation. It helps!
I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.
To all,
If you appreciate me, please help me by motivating others to join the movement.
If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
more...
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a_yaja
06-12 04:28 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time.
Ask your lawyer why the driver's license is required? Passport is an accepted form of identification. Either your lawyer is ignorant(time to get a new lawyer?) - or he is taking you for a ride (he will milk you/ your employer for more money when extension time will come again).
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time.
Ask your lawyer why the driver's license is required? Passport is an accepted form of identification. Either your lawyer is ignorant(time to get a new lawyer?) - or he is taking you for a ride (he will milk you/ your employer for more money when extension time will come again).
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mhathi
07-18 05:39 PM
Both me and My wife were really impressed by the excellent work IV has done and achieved. I have made a contribution (albeit small) in the past, and will very much like to sign up for recurring contributions. We pledge to contribute $50 monthly as soon as my Wife gets her EAD. We were intending to signup for $20/month right away, to upgrade to $50/month on getting her EAD but I do not see that option anymore.
Anyways, my pledge still stands effective on the day we receive my wife's EAD.
Anyways, my pledge still stands effective on the day we receive my wife's EAD.
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Kodi
06-04 02:03 PM
Even under PERM, Atlanta office is backed up. They're still evaluating February applicants its not moving at all. I know its not bad compared to BEC but for some its still bad.
bobzibub
06-26 07:46 PM
nothing if people leave!! and similarly it gains a little bit if people stay and continue.
which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...
The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.
For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.
which raises a good point for the author (who started the thread) ... earlier it was a unwritten rule that a person gets GC in max 5 years ..but as times changed immigration rule did not change and hence we have long wait lines nowadays ..
how much US loses ..a study will have to be done ..but I remember reading a story about a UN study ..which said immigration helps all countries as long as it is controlled (study may have included little bit of uncontrolled too) ..so it said even India gains from illegal bangladeshi's ..because they do lot of work which many Indians don't do. and ofcourse in today's world background check is a must.
how it helps ..most of us know ..immigrant stays at his job for a long time..to keep the status ..whereas natives keep hopping. hence lot of expense in training (this applies from a restaurant to a hi fi IT company).
the point is at what point the person in line will break (and go elsewhere) ..maybe a study has to be done (no one would do it though).
some reports did say that lot of Indians and Chinese went back to their countries (not necessarily for immi ..but I won't be surprised if USCIS was a key factor ..some of my friends (atleast 10 -15) left and now work from India ...and are training more people out there, pay taxes there, all services (from grocery to tourism taxes, education etc etc etc there) ...
The illegal immigrants working in the Swift meat packing plant when ICE raided cost Swift almost $100k per individual, if I recall. Consider what skilled immigrants cost the economy. I've worked in my company for four years now. They could replace me, but there is a lot of knowledge lost if I walk or have to leave.
For people to claim that employees can be replaced with little or no cost, especially skilled employees, they betray their lack of knowledge of economics.
addsf345
11-20 03:38 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
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