CSPAvictim
07-09 07:17 PM
I'm not sure I totally understand what you said, but
a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
b. However, June falls in the third quarter for which the limitation DOES apply.
c.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.
It'll be interesting to see how USCIS explains itself in court.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
b. However, June falls in the third quarter for which the limitation DOES apply.
c.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.
It'll be interesting to see how USCIS explains itself in court.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
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feedfront
09-17 12:40 PM
My attorney has not received it yet.
drak70
04-09 09:52 AM
Since you colleague friend is a doctor doing medical research , it is possible he might have been been harrased or it is possible the IO did him a favor by letting him in with 5 days I-94.
Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
..
I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
..
Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).
Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]
But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.
Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
..
I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
..
Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).
Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]
But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.
2011 more.
willIWill
11-11 06:01 PM
Questions about Quarterly Spill Over with respect to Yearly Country Limit.
Since we are on this Topic, Do any IV Users know or can point links to articles/statute for the following questions to gain a better understanding ?
- Is the ‘Yearly per Country Quota’ broken down and established for every Quarter? I.e. 1/4th of the 7% yearly limit
- So if assuming the quarterly Country quota holds and the USCIS does the spillover to the over subscribed countries in one quarter.
Then for the next quarter what numbers will they assess for the quota count? Is it just the standard quarterly limit or the ‘quarterly limit + the spill over that they did the previous quarter’? And what if that exceeds the 7% yearly limit and how will they proceed forward from there.
Thanks.
Since we are on this Topic, Do any IV Users know or can point links to articles/statute for the following questions to gain a better understanding ?
- Is the ‘Yearly per Country Quota’ broken down and established for every Quarter? I.e. 1/4th of the 7% yearly limit
- So if assuming the quarterly Country quota holds and the USCIS does the spillover to the over subscribed countries in one quarter.
Then for the next quarter what numbers will they assess for the quota count? Is it just the standard quarterly limit or the ‘quarterly limit + the spill over that they did the previous quarter’? And what if that exceeds the 7% yearly limit and how will they proceed forward from there.
Thanks.
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arudalas
09-10 02:41 PM
www.cspan.org/watch/index.asp
satishku_2000
07-09 04:03 PM
delhi..
what is your PD?
what is your PD?
more...
GCBy3000
07-13 07:37 PM
I dont see any problem if we align with like minded orgs. If we allow today Murthy to take credit, then we are mis-directing our fellow immigrants who would be comng down the years here. They all believe Murthy is for immigrants and fall in their trap.
So let us all be clear in selecting our friends or foe keeping our goals and vision for future immigrants. I am OK if we dont get anything, but I dont want to lose anything.
All,
Discrediting attorney Murthy does not serve our purpose.
If she is doing something good, that is generating more pressure on USCIS, then let's stop criticizing her.
Though she is taking the step a few days late, it is a step in right direction and lets support and thank her...
Everyone has their motives...What matters is the end product...
So let us all be clear in selecting our friends or foe keeping our goals and vision for future immigrants. I am OK if we dont get anything, but I dont want to lose anything.
All,
Discrediting attorney Murthy does not serve our purpose.
If she is doing something good, that is generating more pressure on USCIS, then let's stop criticizing her.
Though she is taking the step a few days late, it is a step in right direction and lets support and thank her...
Everyone has their motives...What matters is the end product...
2010 Men will be men
rama0083
09-28 03:47 PM
I have heard from people who have worked there that Socialism has eaten away at the insides of the European economy so much that they do not care if an immigrant helps them make more money. Unlike the capitalist US that accepts immigrants (at least to some extent) that bring economic benefit, the EU is one big xenophobic amalgamation of countries.
Well - though white racists may oppose - anything related to economy and development does go through.
I personally think that if this proposal goes through - EU will be the next melting pot.
Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.
Does anyone has more info on this?
Well - though white racists may oppose - anything related to economy and development does go through.
I personally think that if this proposal goes through - EU will be the next melting pot.
Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.
Does anyone has more info on this?
more...
greenlight
08-17 01:45 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
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squishy
03-07 07:45 AM
same here :p:
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Jello
04-05 08:39 AM
Has any body got any news or latest development about FBI name check?
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ss777
05-15 02:27 PM
I totally agree with first para..but your client CIO getting promotion out of a Phoenix university degree surprises me..many people discouraged me from going there as they dont require GMAT to start with.
That surprised me also. He may be an exception but the fact that he was tapped for a management post that needs a management degree makes it imperative that his MBA played a good role. I am not saying Pheonix MBA is great. My point is Online MBA is valued in the industry.
That surprised me also. He may be an exception but the fact that he was tapped for a management post that needs a management degree makes it imperative that his MBA played a good role. I am not saying Pheonix MBA is great. My point is Online MBA is valued in the industry.
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baleraosreedhar
08-11 01:32 PM
Please count me also for contribution for making EB3 life easy and to reassure a HOPE of reaching end of tunnel
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Ramba
02-21 01:21 PM
It is very difficult to predict how the cutoff date movement from april to september. All depends on how many EB3-ROW applications are ready for approval by March 8th, due to 2 years movement. After july fiasco, there are tons of fresh 485s got filed (may be 300K to 600K). There will be considerable EB3-ROW applicants to consume all the visas remaining in this year. As USCIS processing 485s based only on recived date (not by EB catagory not by PD wise and not by and countrywise), it is very diffcult to conclude that all the EB3-ROW 485s with PD before 2005 currently pending with USCIS, will be ready by March 8th to consume all the visas. If EB3-ROW consumption by march-8 is less than what DOS projecting, there may be a further movement. Depending upon DOS staergy, the remaining movement may be in EB3-ROW or EB2-In,CH. EB1-IN,EB2-IN, & EB3-In might have alrady consumed its quota. The only available numbers for Indians are spill over. So, depending upon DOS policy there will be a movement in EB3-ROW or EB2 In-CH. Other animal that affet this situation is, new policy of USCIS for very old name check cases (about 50,000). If the EB3-ROW has more name check victims, then movement for India will not be possible. So, its is very difficult to predict.
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rsayed
03-12 08:25 AM
It's a classic case of "khoda pahaad, nikla chuha"...(dug a mountain, only to find a rat)...:D
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texanmom
09-26 11:46 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
If we make a big enough noise, perhaps we can get CNN to write an article focusing on our issues. Please continue to press for changes.
If we make a big enough noise, perhaps we can get CNN to write an article focusing on our issues. Please continue to press for changes.
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tabletpc
12-20 04:10 PM
"...I dont think you need to worry.. for you knwo what I am saying ..."
this is turning out be very hilarious form:):). Good way to get rid of GC frustation.:o
this is turning out be very hilarious form:):). Good way to get rid of GC frustation.:o
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sunny1000
07-01 04:13 PM
There is a phone call campaign going on right now to call certain members of congress to pass H.R.5921, H.R.5882 and H.R.6039 which recaptures unused GC visa numbers, eliminates the per-country quota and exempt STEM grads from the GC count. Please participate and call if you have not already and campaign with your friends/family to enlist more people (including U.S citizen colleagues of yours) to call.
As per the IV lobbyists, the online petitions and fax campaigns don't work.
As per the IV lobbyists, the online petitions and fax campaigns don't work.
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PavanV
06-08 06:26 PM
My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:
gc_chahiye
08-16 12:59 AM
September bulletin was out today..Wondering why there was no thread yet on IV..EB2 india shows visa number available with a cutoff date of APRIL 2004
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
this is IV, how could it be missed? and how can only one thread be started for any topic?
It was duly noted 5 minutes after it was published, three threads were also started, all of which have now been consolidated here:
http://immigrationvoice.org/forum/showthread.php?t=12444
admins: one more thread for you to delete/move...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
this is IV, how could it be missed? and how can only one thread be started for any topic?
It was duly noted 5 minutes after it was published, three threads were also started, all of which have now been consolidated here:
http://immigrationvoice.org/forum/showthread.php?t=12444
admins: one more thread for you to delete/move...
ajthakur
07-15 02:30 PM
I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?
