looneytunezez
04-08 04:17 PM
Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
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yabadaba
06-22 09:38 AM
is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word
thanks
u need evidence. in writing.
thanks
u need evidence. in writing.
amitga
02-10 06:52 PM
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
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eb3retro
04-15 08:40 AM
Hello,
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.
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tinamatthew
07-21 04:08 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
Are you planning on getting married? Even if you are when you get married, your spouse can file as a derivative and incase your green card is approved. Your spouse will have 180 days in which to apply (i-485).
Talk to your lawyer, it may make sense to file now!
Any ideas when can be the date current again(for my PD atleast)?
Are you planning on getting married? Even if you are when you get married, your spouse can file as a derivative and incase your green card is approved. Your spouse will have 180 days in which to apply (i-485).
Talk to your lawyer, it may make sense to file now!
ganam
10-03 10:07 PM
Thank you.
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dontcareaboutGC
03-19 01:55 PM
What I interpreted it as was "for usage towards family based immigration". Essentially if the EB demand is lower then there is not need to use the AC21 towards EB catergories and that can be applied towards Family Based Immigration.
Technically these are basic laws laid down by congress- The interpretation of those laws is in the hands of the regulatory bodies which execute the laws. For e.g the mis-interpretation of the vertical or horizontall spillovers. It wasnt correctly done till 2007 I think and then all of a sudden they started to interpret it the way it was originally intended to be.
Technically these are basic laws laid down by congress- The interpretation of those laws is in the hands of the regulatory bodies which execute the laws. For e.g the mis-interpretation of the vertical or horizontall spillovers. It wasnt correctly done till 2007 I think and then all of a sudden they started to interpret it the way it was originally intended to be.
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saurav_4096
04-12 01:47 PM
Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
As letter has been addressed to me, I cannot be anonymous.
They have given three days duration for reply so waiting till H1 transfer is not option either.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
As letter has been addressed to me, I cannot be anonymous.
They have given three days duration for reply so waiting till H1 transfer is not option either.
more...
bikram_das_in
01-26 01:13 PM
@waitingnwaiting
How many of these 7 toppers are from Telengana and how many are from your district?
This news is not related to immigration but one about Tri Valley University is. About 1000 students, mostly from Andghra pradesh face deportation for immigration fraud.
How many of these 7 toppers are from Telengana and how many are from your district?
This news is not related to immigration but one about Tri Valley University is. About 1000 students, mostly from Andghra pradesh face deportation for immigration fraud.
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hazishak
08-01 11:12 AM
Thanks for your quick reply :)
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va_dude
03-09 03:01 PM
kminkeller....
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
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leoindiano
03-17 10:45 AM
and years too...I am talking about cases with india-2004-PD only.
EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...
EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...
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cyclone_p
06-25 01:45 PM
I guess it depends on the employer, but usually the employer put the employee on a "Loss Of Pay" status and the employee cannot work or earn until s/he has the renewed EAD card in her/his possession.
Approvals or Receipt Notices don't work. One must have the renewed EAD card with her/him to work.
Approvals or Receipt Notices don't work. One must have the renewed EAD card with her/him to work.
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onemorecame
07-25 11:45 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
Good Calculation
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laborpains
03-17 10:03 PM
First check with the school if they will allow you to attend on EAD. I'll like to know what you finally decide. I was in a similar situation 3 yrs back and decided to go part-time instead. Finished the program and my gc is still pending :(
Hope things work out well for you.
Hope things work out well for you.
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manish1905
02-04 08:57 AM
Congrats!!!
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girishvar
07-13 08:14 PM
Hello all, If you are from Texas please reply to this thread to get together and activate our state chapter. Any ideas are welcome. So please post to this thread and see how we can contribute/Volunteer to make IV stronger.
Thank you
I am in San Antonio, Texas
Thank you
I am in San Antonio, Texas
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Steve Mitchell
October 19th, 2003, 11:44 PM
Great shot Don....I like that image a lot.
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gccube
03-19 04:14 PM
Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
roseball
08-04 07:46 PM
well, i realistically see two options here:
1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.
Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.
If you file a L1 - H1 COS under premium processing and also file dependent petitions (H4) at the same time, even dependent petitions will be premium processed at no additional cost. In other words, you only pay $1000 towards your H1 premium processing and USCIS will also approve all dependent petitions. But you need to file them along with your H1. If you first file your H1 under premium processing and later H4s, then your H1 will only be premium processed.
If I were you, I would get my family here on L visa and then file all the COSs at once.
1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.
Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.
If you file a L1 - H1 COS under premium processing and also file dependent petitions (H4) at the same time, even dependent petitions will be premium processed at no additional cost. In other words, you only pay $1000 towards your H1 premium processing and USCIS will also approve all dependent petitions. But you need to file them along with your H1. If you first file your H1 under premium processing and later H4s, then your H1 will only be premium processed.
If I were you, I would get my family here on L visa and then file all the COSs at once.
ARUNRAMANATHAN
06-11 03:05 PM
Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...
That is from 2007 to 2010 ....Thanks
3 year H1 extension from date of application (for example: June 2007 to June 2010).
If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.
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Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
That is from 2007 to 2010 ....Thanks
3 year H1 extension from date of application (for example: June 2007 to June 2010).
If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.
--------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
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