Macaca
07-09 12:54 PM
Adjustment Of Status (AOS) Application Submission Laws
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
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tonyHK12
02-24 08:46 AM
thanks isantem, indrachat_75, also for your efforts in getting other people involved. This is the best way to get more volunteers.
The car pooling and air miles are being tracked on this thread
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-5.html
The car pooling and air miles are being tracked on this thread
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-5.html
dingudi
03-18 11:24 AM
No FP yet for me either. spouse received and completed FP couple of weeks ago.
I do not understand why the national center tells that FP is based on local availability and local center tells no FP because name check pending . These are so inconsistent and different answers we get from same organization.
I do not understand why the national center tells that FP is based on local availability and local center tells no FP because name check pending . These are so inconsistent and different answers we get from same organization.
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Winner
02-09 08:32 PM
Did you all see Donald Trumps answer to Piers Morgans question in Piers Morgan tonight program on CNN? that was not a yotal surprise, but after his talk about China and India, that was a little bit surprising.
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mirage
03-16 11:09 AM
They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.
saimrathi
07-07 10:56 PM
A peaceful march is def needed on 7/14 in DC.. Sorry I wont be able to make it.. Good luck..
What about demonstrations at landmarks important to immigrants like Ellis Island etc..
What about demonstrations at landmarks important to immigrants like Ellis Island etc..
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viswanadh73
11-18 02:19 PM
I am wondering none of these senators who responded as of now understand our request for adding the provision of recapturing unused visas. Please read below response from IOWA senator and not even one word about our request.
I appreciate you taking the time to share with me your views regarding S. 729, the Development, Relief, and Education for Alien Minors Act. The views of my fellow Iowans are an essential component of my decision making process as a Member of Congress.
As you may know, Senator Richard Durbin introduced S. 729 on March 26, 2009. This legislation would allow unlawful immigrants who entered the U.S. as minors to gain eligibility for higher education benefits based on state residence, unless a U.S. citizen is eligible for the same benefits. S. 729 has been referred to the Senate Committee on Judiciary. You will be interested to know that Congressman Howard Berman introduced H.R. 1751, the American Dream Act, on March 26, 2009, which would create a similar law. H.R. 1751 has been referred to the House Committee on Judiciary and the House Committee on Education and Labor. Please be assured that I will keep your views in mind should the full House consider this issue during the 111th Congress.
Our nation faces many challenges, and economic recovery is vital if we are to meet them. As a senior member of the House Committee on Transportation and Infrastructure, I will continue building upon the job creation opportunities that I have delivered to the 3rd District in order to expand commerce, spur business development, and provide economic opportunity to all. I periodically provide electronic updates on issues I think my constituents might be interested in. If you would like to receive the E-newsletter, please sign up at my Web Site at Congressman Leonard Boswell : Home (http://boswell.house.gov). As always, please feel free to contact me or my office if ever you think we may be of assistance.
Sincerely,
Leonard L. Boswell
Member of Congress
I appreciate you taking the time to share with me your views regarding S. 729, the Development, Relief, and Education for Alien Minors Act. The views of my fellow Iowans are an essential component of my decision making process as a Member of Congress.
As you may know, Senator Richard Durbin introduced S. 729 on March 26, 2009. This legislation would allow unlawful immigrants who entered the U.S. as minors to gain eligibility for higher education benefits based on state residence, unless a U.S. citizen is eligible for the same benefits. S. 729 has been referred to the Senate Committee on Judiciary. You will be interested to know that Congressman Howard Berman introduced H.R. 1751, the American Dream Act, on March 26, 2009, which would create a similar law. H.R. 1751 has been referred to the House Committee on Judiciary and the House Committee on Education and Labor. Please be assured that I will keep your views in mind should the full House consider this issue during the 111th Congress.
Our nation faces many challenges, and economic recovery is vital if we are to meet them. As a senior member of the House Committee on Transportation and Infrastructure, I will continue building upon the job creation opportunities that I have delivered to the 3rd District in order to expand commerce, spur business development, and provide economic opportunity to all. I periodically provide electronic updates on issues I think my constituents might be interested in. If you would like to receive the E-newsletter, please sign up at my Web Site at Congressman Leonard Boswell : Home (http://boswell.house.gov). As always, please feel free to contact me or my office if ever you think we may be of assistance.
Sincerely,
Leonard L. Boswell
Member of Congress
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royus77
07-06 11:42 PM
Why not in DC... IF we really plan then we can do this in DC.. ? may be next weekend?
DC is the right place to do !!! As some one suggested 100-200 people on a weekday or 1000 on a weekend is good enogh to get media attention
DC is the right place to do !!! As some one suggested 100-200 people on a weekday or 1000 on a weekend is good enogh to get media attention
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GCNaseeb
10-01 06:46 PM
Attorney received all our Receipt Notices today from CSC. Our packet was reached NSC on 7/27. NSC sent the packet to CSC. CSC transferred our I-485 back to NSC on 9/26 as my I-140 was approved from NSC.
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gcisadawg
01-31 04:38 PM
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
That is very true! In very very extreme cases, you would find American companies recruiting directly from India for IT jobs! That may be like, one in 1000!
That is very true! In very very extreme cases, you would find American companies recruiting directly from India for IT jobs! That may be like, one in 1000!
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VMH_GC
07-09 04:32 PM
Thanks gcForV,
Am ready to send emails to major newspaper organisations and show hosts.
This website has links of most of the talk show hosts. Right click on the individual email links to get address.
http://www.conservativeusa.org/megalink.htm
Subject: Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
Dear ****,
I would like to get to your attention the peaceful campaign of Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez
Please find below/attached the article related to this.
Thanks,
******
--copy of the article and attachment--
modified some base content.How does this look?
If we individually send to all the talk show hosts we are bound to get some attention.Core group what do U think:Should this mails be sent individually by each of us or are the administrator's going to mail the talkshow hosts?
Am ready to send emails to major newspaper organisations and show hosts.
This website has links of most of the talk show hosts. Right click on the individual email links to get address.
http://www.conservativeusa.org/megalink.htm
Subject: Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
Dear ****,
I would like to get to your attention the peaceful campaign of Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez
Please find below/attached the article related to this.
Thanks,
******
--copy of the article and attachment--
modified some base content.How does this look?
If we individually send to all the talk show hosts we are bound to get some attention.Core group what do U think:Should this mails be sent individually by each of us or are the administrator's going to mail the talkshow hosts?
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midguy
03-26 12:08 PM
Hi All,
just want estimate and plan ....my PD is 16-June-2003 EB3 India. When can my date will current.
Thank you.
just want estimate and plan ....my PD is 16-June-2003 EB3 India. When can my date will current.
Thank you.
more...
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cjain
11-01 04:48 PM
manderson,
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
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gc_in_30_yrs
11-21 12:21 PM
mehul,
as a fellow human being my heart is full of sad by knowing your position. may god bless you and your family. as moderator (i think it was logiclife) said, you can not trust american doctors. go to a different country. if you are from india, i would suggest you to go to chennai / hyderabad and get checked. there may not be any cancer at all. you may be surprised with what miracles indian doctors can do. the survival of this dangerous illness is by staying positive about life. drugs will help, but having faith that you can overcome is very important. i pray for you and your family. ofcourse, when i pray daily the entire universe is added in my praryers. may god help all who needed help from him.
i have no words remaining.
as a fellow human being my heart is full of sad by knowing your position. may god bless you and your family. as moderator (i think it was logiclife) said, you can not trust american doctors. go to a different country. if you are from india, i would suggest you to go to chennai / hyderabad and get checked. there may not be any cancer at all. you may be surprised with what miracles indian doctors can do. the survival of this dangerous illness is by staying positive about life. drugs will help, but having faith that you can overcome is very important. i pray for you and your family. ofcourse, when i pray daily the entire universe is added in my praryers. may god help all who needed help from him.
i have no words remaining.
more...
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newuser
05-09 08:43 AM
E-mailed the letter to white house.
http://www.whitehouse.gov/CONTACT/
http://www.whitehouse.gov/CONTACT/
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aquarianf
04-23 03:39 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
more...
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waitforgc123
10-03 10:08 AM
Hey Guys ,
I am EB2 - July 3rd 9:03 AM - R WIllialms - Nothing received yet ..
I called up yesterday and the lady on the phone tells me that we need to wait 90 BUSINESS days before we can raise a service ticket etc - Which is like 4 months nearly - November 2nd.
Anyone else got a similar response ?
I am EB2 - July 3rd 9:03 AM - R WIllialms - Nothing received yet ..
I called up yesterday and the lady on the phone tells me that we need to wait 90 BUSINESS days before we can raise a service ticket etc - Which is like 4 months nearly - November 2nd.
Anyone else got a similar response ?
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acecupid
09-24 04:13 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
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psk79
09-18 07:17 PM
Finally, EAD card ordered on principal application.... Spouse's was ordered and received 9/12. Finally, mine was PRODUCTION ORDERED this evening.... Any others in the same boat, don't panic... they are doing them in random order....
No word on FP or AP yet.. However, any address changers, make hte online change and they are very fast... I changed my address and the 2second business day I had two letters in the mail saying that the address has been updated on my and spouse's 765 applications.. couple of days later one more that 485 address was updated and after that nothing....
No word on FP or AP yet.. However, any address changers, make hte online change and they are very fast... I changed my address and the 2second business day I had two letters in the mail saying that the address has been updated on my and spouse's 765 applications.. couple of days later one more that 485 address was updated and after that nothing....
reddymjm
05-02 12:11 PM
Why not if 'Who did not even know about IV till Apr 2007 are CONTRIBUTING here'.
Do u think admins should ban people from expressing views if joined after a certain cutoff date???
in contributions and in any thing else... I started contributing even before lot of people here heard about IV.
Do u think admins should ban people from expressing views if joined after a certain cutoff date???
in contributions and in any thing else... I started contributing even before lot of people here heard about IV.
technoboy
10-08 01:45 PM
July 3rd at 9:03 received by R.William
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lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
greener_pasture
July 5th
------------------------------------
chalamcharla
mbsac
July 9, at 11.07 am at Nebraska signed by F.HEINAUER
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krustycat
July 11, at 11.24 am at Nebraska signed by F.HEINAUER
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technoboy
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
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gcnm04
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
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fetch_gc
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lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
greener_pasture
July 5th
------------------------------------
chalamcharla
mbsac
July 9, at 11.07 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
krustycat
July 11, at 11.24 am at Nebraska signed by F.HEINAUER
-----------------------------------------------------
technoboy
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
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