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  • nozerd
    01-27 10:47 AM
    I went back and reread the July 2001 Bulletin.
    How difficult would it be to lobby for extending the same logic for removing per country cap ? I am sure removing 7% cap would definitely help.

    Also since EB3 World has a cut off does it mean that no visas will be left from the world pool which can be recaptured ?





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  • vicky007
    04-26 02:59 PM
    Here is a link confirming the above:

    http://www.dhs.gov/dhspublic/display?content=5551

    The strange thing here is that it says TSA and not FBI will be doing the backgound check, where as i am sure i heard on the NPR report that it will be the FBI which will do the initial Name Check.

    Regards.





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  • abhijitp
    08-03 02:25 PM
    According to the person I spoke to:
    1. I will be issued an RFE if my AOS packet did not contain the EVL
    2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.





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  • seeker999
    08-11 03:23 PM
    August 15th being Independence day.

    In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is

    Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)

    I will be there and make sure the voice is heard. Do we have any standard document or something.

    I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...

    Just my thoughts...



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  • apt29
    11-11 03:43 PM
    Before suing the USCIS, we should inform USCIS of our intentions. My idea is like this -

    - Draft a letter highlighting the Statues and Rules (we can seek Attorneys help) regarding the Quarterly spill-over
    - IV members/non-members would send their electronic signatures
    - We would stick signatures in the electronic document
    - Print this huge(hope it will be) document and deliver personally to DHS/USCIS executive officers

    Any suggestions or changes are welcome.





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  • akred
    01-28 12:50 AM
    From what I've read, the country caps were originally intended to soothe fears of uncontrolled immigration from the 3rd world. Similarly, the diversity lottery was supposed to increase immigration from Europe.

    Both schemes are essentially restrictionist ploys to maintain a white America.



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  • snathan
    02-24 12:17 PM
    i'm on L1B visa.I came to US on L1B in 2005 with one year petition and got extension
    for 3 years. meanwhile i left to India in June 2007. And then i came back with new L1B petiotion in Oct 2007 which is valid till Sep-2010.Now my question is

    1) Is my L1B stay reached to maximum or do i still have 2 years left with my new L1B.
    2) If i apply for H1 this year how many years of stay i'll get with H1B.

    Please help me with this madam as soon as possible.

    Thanks in Advance.

    If you apply for H1B, you will only whatever left in L1B and not six years.





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  • McLuvin
    03-12 01:55 PM
    finally the bulletin has been posted in the DOS website...

    Visa Bulletin for April 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4747.html)

    They have given a brief description about "BACKGROUND INFORMATION ON FREQUENTLY MISUNDERSTOOD POINTS"

    Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, a significant amount of demand is received each month for applicants who have priority dates which are significantly earlier than the applicable cut-off dates. In addition, fluctuations in demand can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuance approaches the annual limitations.

    Per-country limit: The annual per-country limitation of 7% is a cap which visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries. This limitation is not a quota to which any particular country is entitled, however.

    Applicability of Section 202(a)(5): INA Section 202(a)(5), added by the American Competitiveness in the 21st Century Act, removed the per-country limit on Employment-based immigrants in any calendar quarter in which applicant demand for numbers in one or more Employment-based preferences is less than the total of such numbers available. In recent years, the application of Section 202(a)(5) has 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. Such numbers are provided strictly in priority date order without regard to the foreign state chargeability, and the same cut-off date applies to any country benefiting from this provision.

    Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.



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  • praveenat11
    09-24 09:40 PM
    do we need to submit original affidavits for i-485 filing?





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  • bala50
    05-08 10:43 PM
    Good to see a fellow chapter member get a green card.

    All the best and hope you will continue your support for PA-IV as always


    I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)

    I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)

    Receipt Number: SRC07192xxxxx

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.



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  • vjkypally
    03-18 05:05 PM
    Its sad ROW EB3 from 06 is worried that EB2 India 03 are getting their GC's.And some are plannin to sue??????





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  • onemorecame
    11-08 09:59 AM
    Did you receive physical card?

    yes i got my physical card, what about you bro? did you got approval?



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  • garybanz
    09-27 11:16 AM
    I have worked in France and Belgium for a little over an year and this is my personal experience - the work environment at that time 2000 - 01 was alright. However, I had to struggle with language barriers and worse of all - the keyboard barriers. The standards in IT industry were very very different and though it was an experience, the learning curve was huge. Personally, I would much rather prefer to be in US or better still in UAE I'd think.

    Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!

    Thanks for sharing your brothers experience with us. My sister and Brother in law also took a similar decision about 2 years back and yes they were quite frustrated too, my brother in law even started looking for options to come back to US, for some reason he never returned .

    Now they are pretty comfortable, they feel that it takes a while to get adjusted to India again but once they got used to living life the India way they just loved it...now they keep trying convince me to go back ;)





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  • desi3933
    02-01 08:07 AM
    Thanks a lot Desi3933. I don't have words to thank you...

    .....


    I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.

    Thanks.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • HV000
    03-18 06:18 PM
    Please see the last sentece which says "Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country".

    When they use this spill over, only PD is imp not the country.

    This will make prediction difficult since we do not know how many PDs are eligible in either country. Am i right?





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  • vik352
    07-01 06:12 PM
    We already called the local lawmakers. This online petition can have two columns, one for people who are suffering because of this per country quota and other for people who support the idea (Friends/relatives/coworkers). We can start the petition and we may generate 100K signatures.
    mpadapa: We will let you have the 1000001th signature:)



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  • sanjeev_2004
    06-30 09:33 PM
    In my opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.

    Most of the time my many decisions didn’t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.





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  • jaocanada
    06-10 08:29 PM
    Sent.





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  • pappu
    01-10 06:27 PM
    thank you very much





    nixstor
    07-05 03:11 PM
    But I have been using murthy forums - which are free for a long long time...even before IV came along....talking abt quality...same kinda ppl post there....dont see any diff....

    I'm sure IV is doing a great job on something....but please do a little research before asserting that this is the only immigration forum in the world...

    Dont mean to start a p***ing contest here.... those who want to and can pay shd pay....but thinking that ppl will pay for the forums is not really a solution.

    No offense either. You cannot compare Murthy/Khanna forums with IV's. As long as you see IV just as a forum, you would not be able to make any distinction between IV & murthy/khanna forums. As I replied in another post, Murthy/Khanna get "invaluable" publicity that translates into clients shelling out $$$ in the long run. I hope you understand the difference.





    akhilmahajan
    03-09 08:33 PM
    When u say Efile, do u have to send any paperwork.
    Also, everytime we renew EAD, so we need to go for Fingerprinting.

    As far as i understood, FP is good for 15 months.

    Thanks.



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