qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
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.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
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.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
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PERM12
07-22 01:34 PM
This is un acceptable talk. Forum is to share - no one deny's it. ANTI or PRO - each can put their own thoughts...BUT not in the above said language
I hope we keep our dignity and self respect
I hope we keep our dignity and self respect
arnab221
05-29 04:38 PM
They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .
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gcsngh
09-19 08:52 PM
:eek::rolleyes:Come on DC revoultionaries, grow up and be reasonable with Anna, he had a few questions, respond if you can in a discrete manner:rolleyes:
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bobzibub
05-22 04:38 PM
Logiclife is just having venting his betrayal and probably having some fun too. If the bill stands, we were all betrayed by the system that we fought to live by. Consider lessons learned.
Yes, it is frustrating.
Yes, it is not our making.
Yes, it is unfair.
But let's not scrap with each other over the small stuff.
Yes, it is frustrating.
Yes, it is not our making.
Yes, it is unfair.
But let's not scrap with each other over the small stuff.
heywhat
06-24 01:30 AM
Bump
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gc_maine2
06-27 10:15 AM
Dude If you can't direct people sit tight atleast don't misguide..... the Contribution you can give to IV is atleast close this thread:D :D :D
Thanks.
july 30 th everyone for the benefit of all atleast those who can file before july 3oth
Thanks.
july 30 th everyone for the benefit of all atleast those who can file before july 3oth
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JunRN
07-16 11:11 PM
I myself is interested to get the interim benefits now and not expecting to receive the GC right away. But I can feel the frustration of those who are already in the few last steps.
After getting the EAD/AP within three months, I don't think our problem is solved already. We will be at certain point in time be in the same situation as the poster above.
After getting the EAD/AP within three months, I don't think our problem is solved already. We will be at certain point in time be in the same situation as the poster above.
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Sheila Danzig
02-25 01:52 PM
I see this all the time. An RFE for one thing (usually like yours - accreditation of the PGD or Masters degree) and then a denial based on the 3 year bachelor's. I tell clients to cover the bachelor's degree when they get the first RFE.
With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.
The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).
If you want I can review the case for you at www.cciFree.com - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.
The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).
If you want I can review the case for you at www.cciFree.com - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
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n_2006
10-12 10:48 AM
I do not unterstand why so many people here cry on others. You discuss about your problem and try to find ways to resolve. Everybody has to resolve their own issues first(let it be small or big). People in FP, EAD stage can not cry on people who already got GC or citizenship.
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
more...
sanjay
09-19 03:03 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Things don't happen so soon, and that too with law makers. Our purpose of rally was to bring awareness in media, public and Lawmakers. and in that part I think we did reasonably good. Now, things are into Law makers hands and it may take time to resolve immigration system, as its been screwed from decades.
Keep your hopes alive and just wait and watch. There's nothing we can do more.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Things don't happen so soon, and that too with law makers. Our purpose of rally was to bring awareness in media, public and Lawmakers. and in that part I think we did reasonably good. Now, things are into Law makers hands and it may take time to resolve immigration system, as its been screwed from decades.
Keep your hopes alive and just wait and watch. There's nothing we can do more.
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vicky007
12-13 10:22 AM
Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.
Hi Gravitation,
How do you know this? Can you please elaborate.
Regards.
Hi Gravitation,
How do you know this? Can you please elaborate.
Regards.
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mirage
06-05 08:38 AM
I tried to understand the 'Change jobs after 180 days' of filing I-485, but didn't understand if they are planning to do anything different..
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ujjvalkoul
06-26 02:31 PM
everyone I go to offers Digital Photos (ID PHotos)....my attorneys had said Digitals are not acceptable...but looks like that is all u can get nowadays...
BTW Costco is the cheapest!!!
BTW Costco is the cheapest!!!
more...
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TheGreatMan
07-06 10:09 PM
I never thought that working for a contractor was something bad!! In fact, I was thinking that contracting is better than working full time! Am I missing something here???
I mean think about it... you get to work on different projects and you get to learn new stuff, new environments, new people!
Stay as a full timer and you don't grow (well not like a contractor anyways!). All in all, I think it takes more effort to be a contractor!
I guess it is a career choice! I personally would rather be a contractor!
It's definitely a 'Choice' which means - "its Personal" - Maybe for Career or for money or maybe because babes love consultants !!! :) ..
The 'loser' is the one who tries to judge that "Choice", by saying their choice is better ;)
Good Luck to All..
I mean think about it... you get to work on different projects and you get to learn new stuff, new environments, new people!
Stay as a full timer and you don't grow (well not like a contractor anyways!). All in all, I think it takes more effort to be a contractor!
I guess it is a career choice! I personally would rather be a contractor!
It's definitely a 'Choice' which means - "its Personal" - Maybe for Career or for money or maybe because babes love consultants !!! :) ..
The 'loser' is the one who tries to judge that "Choice", by saying their choice is better ;)
Good Luck to All..
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GCOP
10-24 02:45 PM
I really don't understand, what can be RFE about, as you have been with the same company all these years. You really deserve a Greencard straight away without a single question after such a Long wait. I hope your RFE is very simple to answer and I wish that you get your Greencard soon. Good Luck.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
more...
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dtekkedil
07-06 04:23 PM
Sorry to hear someone hurting this much!
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fightretro
04-01 06:21 PM
Sent fax # 10 and 11
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the
12-21 09:15 AM
Great news. By some distance this is the best news on skilled immigration front this year. This will allow all the H4 dependents who have spent time on H4 for more than 6 years to start working if they get a job with H1B.
Where did you find this memo "the"? Is it already implemented or is this something USCIS is proposing?
so it is not a proposal and it is already effective.
Where did you find this memo "the"? Is it already implemented or is this something USCIS is proposing?
so it is not a proposal and it is already effective.
nefrateedi
07-19 11:06 AM
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
Note that for employment based adjustment of status cases, the medicals ABSOLUTELY have to be done in the US by a USCIS approved civil surgeon. One can get the immunizations done in their home country, however the exam has to be done in the US.
Note that for employment based adjustment of status cases, the medicals ABSOLUTELY have to be done in the US by a USCIS approved civil surgeon. One can get the immunizations done in their home country, however the exam has to be done in the US.
Higcoptimist
04-01 07:31 PM
Hi,
Sent the two faxes.
My thanks to the core group and active members, working tirelessly towards our common goal.
Cheers
Sent the two faxes.
My thanks to the core group and active members, working tirelessly towards our common goal.
Cheers
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