Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
Which service center processed your case? What is your receipt date?
PD Sep 2001
EB3 India.
Which service center processed your case? What is your receipt date?
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We cannot save for our children's college in college savings plan as every plan needs a GC.
I am on H1B with approved I140 and I was able to open a College savings (529) plan for my daughter. I told them that I am a non resident alien and my GC is in process. Also I was able to get Life and Variable Life insurance on my non immigrant status.
(FYI : The plan is brokered through Farmers. Investment company is Putnam Investments)
I am on H1B with approved I140 and I was able to open a College savings (529) plan for my daughter. I told them that I am a non resident alien and my GC is in process. Also I was able to get Life and Variable Life insurance on my non immigrant status.
(FYI : The plan is brokered through Farmers. Investment company is Putnam Investments)
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Who is first?
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Please participate in EB3 PollSee my details in Signature
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Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
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Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
So you be ready toooo.
I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.
Are we 100% SURE that this happened???
Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
"not entirely completed" = INCOMPLETE
I think this should count for 100%.
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
So you be ready toooo.
I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.
Are we 100% SURE that this happened???
Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
"not entirely completed" = INCOMPLETE
I think this should count for 100%.
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
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Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
It is not a contradiction to the previous statement.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
It is not a contradiction to the previous statement.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
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My Friend...Applied his Labor on EB-2 in MAR 2005. His labor approved and applied I-140 & I-485 in AUG 2007. His I-140 Got approved. He said his lawyer accidentally filed his I-140 in EB-3. Because his I-140 approved notice Type has the message like "Skilled Worker or Professional, Sec. 203(b) (3) (A) (i) or (ii)". Is this is true....? Thanks for early reply.
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googler u r the new berkeleybee!!
can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?
I try not to abuse his patience too much -- this was the first time ever that I called him twice in the matter of seven days. ;-)
can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?
I try not to abuse his patience too much -- this was the first time ever that I called him twice in the matter of seven days. ;-)
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Is there any way to find out the number of members in IV. I talked about IV with a lot of my friends and 6 of them have become members. It would be nice to know the number of members in IV just like we know the Percentage of Target Met for $ contributions.
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extended lunch session...!!! .
They went at EST and back at PST:D
They went at EST and back at PST:D
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I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
Whatever you are saying is true for Family based categories. Employement category is defined to have skilled immigrants to help US businesses, that is why it is called employment based category. Let me explain you what you are saying. You are saying that I will ask compnay A to wait for five years to give promotion to person X, because quotas for his country are not available, and until he gets his green card he can not get promotion, instead give promotion to person Y which is less qualified but can get green card next month since his country has quotas available. Now does it make sense for company A to give promotion to less qualified person just because person X can not get his green card? Company won't do that and will end up sponsoring another qualified person. Or let me explain you in different way. If certain company has need for specific skill for long term and provided that there are not enough citizens to do that job, in this case company has to sponsor an immigrant, but since the requirement is for long term, company doesn't want him to be on immigrant visa for long term because sponsoring immigrant visa means money and more liability. In this case, even though company has much better match from a country whose immigrant visa are not available for many years, company might end up taking immigrant who is less qualified for the job. And company might say that, we can not take you since you won't be able to get green card for many years. If company does that then it would be an discrimination, but company doesn't have any choice.
Initially, it would have been good idea to have country limits because nobody was anticipating this kind of backlogs. But in current situation it doesn't make sense to keep it like that way. Goverment understands it, but they don't want to do anything because this has become political issue because of groups which represent illegal immigrants. With time goverment and companies have to be practicle and change policies or laws. This has been happening and it should happen, particularly when it doesn't make sense. For goverment diversity is important but for company getting job done is more important. And primary purpose of EB category is to get things done.
Whatever you are saying is true for Family based categories. Employement category is defined to have skilled immigrants to help US businesses, that is why it is called employment based category. Let me explain you what you are saying. You are saying that I will ask compnay A to wait for five years to give promotion to person X, because quotas for his country are not available, and until he gets his green card he can not get promotion, instead give promotion to person Y which is less qualified but can get green card next month since his country has quotas available. Now does it make sense for company A to give promotion to less qualified person just because person X can not get his green card? Company won't do that and will end up sponsoring another qualified person. Or let me explain you in different way. If certain company has need for specific skill for long term and provided that there are not enough citizens to do that job, in this case company has to sponsor an immigrant, but since the requirement is for long term, company doesn't want him to be on immigrant visa for long term because sponsoring immigrant visa means money and more liability. In this case, even though company has much better match from a country whose immigrant visa are not available for many years, company might end up taking immigrant who is less qualified for the job. And company might say that, we can not take you since you won't be able to get green card for many years. If company does that then it would be an discrimination, but company doesn't have any choice.
Initially, it would have been good idea to have country limits because nobody was anticipating this kind of backlogs. But in current situation it doesn't make sense to keep it like that way. Goverment understands it, but they don't want to do anything because this has become political issue because of groups which represent illegal immigrants. With time goverment and companies have to be practicle and change policies or laws. This has been happening and it should happen, particularly when it doesn't make sense. For goverment diversity is important but for company getting job done is more important. And primary purpose of EB category is to get things done.
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The live updates are now available on IV chat.
Please logon to
http://immigrationvoice.org/forum/misc.php?do=cchatbox
Please logon to
http://immigrationvoice.org/forum/misc.php?do=cchatbox
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If they want to make money, they no need to say that abt 2 year EAD at all.
And also most of the EAD renewals are free of cost who filed after 30th June 30 2007.
man this is US...here prices of goods are jacked up and then a big SALE sign is posted on the front door....
Same for EAD...hey! will give u 2 year EADs, but only if your PD is not close...and then they make most of ours PDs close to the Cut off date..and Oops...now only 1 year EAD
And also most of the EAD renewals are free of cost who filed after 30th June 30 2007.
man this is US...here prices of goods are jacked up and then a big SALE sign is posted on the front door....
Same for EAD...hey! will give u 2 year EADs, but only if your PD is not close...and then they make most of ours PDs close to the Cut off date..and Oops...now only 1 year EAD
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Don't they have any brains? Why would people who are already IN US on H1 visas take to the streets to demand more...
Last I heard was you can't have more than one H1B...
Last I heard was you can't have more than one H1B...
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my detailed post went missing:mad: ...dunno why nojoke edited it out :D.
to put it briefly, i never heard anybody hiring a ceo based on his experience of having organized the company picnic (read community organizer to prez :rolleyes:).
u need to look a little back for ur post to appear.
mccain is the ceo of which company? If he has been in senate for 26 years for so long without promotion that looks bad for his resume:D
Whether you like it or not, Obama is getting elected. And you will love this video
http://www.thedailyshow.com/video/index.jhtml?videoId=188638&title=understanding-real-america-in
to put it briefly, i never heard anybody hiring a ceo based on his experience of having organized the company picnic (read community organizer to prez :rolleyes:).
u need to look a little back for ur post to appear.
mccain is the ceo of which company? If he has been in senate for 26 years for so long without promotion that looks bad for his resume:D
Whether you like it or not, Obama is getting elected. And you will love this video
http://www.thedailyshow.com/video/index.jhtml?videoId=188638&title=understanding-real-america-in
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I always believed that everyone out here is atleast a grad with a degree. Isn't it what the minimum requirement for EB Category 3 ?
Correct me if I am wrong.
Undergraduate degree = Bachelors
Graduate degree = Masters
Correct me if I am wrong.
Undergraduate degree = Bachelors
Graduate degree = Masters
Rambha:
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
Employer is happy to give
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.