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  • h1techSlave
    03-18 09:42 PM
    USCIS director took the course and he failed. Then he went to Moscow and bought a fake BPD&R degree for $175. No wonder we are in such a mess.

    On a lighter note .

    The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.



    You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .





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  • andycool
    03-16 02:04 PM
    141,020 visa numbers used in FY2009
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.



    __________________
    Not a legal advice.

    Hello Desi,

    "Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)

    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.


    This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....

    I am little confused...

    your comment will be greatly appreciated ;)





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  • copsmart
    07-12 05:55 PM
    :D I don't know what to say. But, keep your Fingers, Toes, Arms and Legs crossed.

    Good Luck!!!

    All right I am current again..exactly after 2 years

    So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

    mwuahhhaaaa...c'mon..come to papa now :D:D

    tick..tock..tick..tock :rolleyes:





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  • desibechara
    10-12 03:39 PM
    I am..

    EB3 India..PD Oct 2001, LC certfied on June 19,, got in hand on July26
    Applied I140, I485 and I170, I130 on Aug7
    NSC..receipts Sep19
    FP notice for Oct 30,have not recived for wifes' FP notice
    EAD online notice for both of us ..on Oct 9

    I understand lot of people are anxious about GC..but look at dates!!!

    Its been 6 years..


    DB



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  • imconfused
    07-09 04:16 PM
    I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


    __________________
    Not a legal advice.



    legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...





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  • sathyaraj
    03-12 04:24 PM
    Guys -

    I got the Ac21 employment letter from my new employer and they have filed my H1B transfer and I have the following questions:

    a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?

    b. H1b Transfer receipt: My receipt reached yesterday morning at 10:30 am. Please let me know how long does it take to get the receipt back. This is important for me to take my new job.

    Thanks
    Sathyaraj



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  • ingegarcia
    02-15 04:40 PM
    How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
    Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.

    This is not true otherwise EB3 ROW would not be in 2005.





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  • PresidentO
    02-11 01:19 PM
    Read this
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf

    and tell us, where do you see 13,000 unused numbers?

    Desi3933,

    +1

    People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?

    If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.



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  • feedfront
    09-17 09:58 AM
    Anyone received RFE letter? I've not received it yet.





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  • indrachat_75
    05-15 05:11 PM
    Hi,

    One of my friend needs some advice :

    I am in Company A on L1A. Client (Company B) wants to hire me on H1-B. Can I do it now ?

    Please advice.

    Indra



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  • Caliber
    03-12 08:56 AM
    To understand what IV has done, all you have to do is, open your eyes





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  • kavita
    12-10 07:47 PM
    don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?

    Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?

    Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much.

    Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. It is nothing but simply 'DESCRIMINATION" based on country of birth. Do we have guts to fight that??? we can only talk about some stupid solutions but have no unity, no guts and no willingness to stand up for our community.


    I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
    The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.



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  • reachinus
    02-07 09:01 AM
    I can donate 16000 US Airways miles from 2 accounts. Please let me know the process.





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  • gc28262
    08-10 03:26 PM
    Before proposing a solution, we need to make sure these are valid arguments. We need to crack INA ourselves to make sure were making a valid legal argument.

    Those of you are willing to join effort on the following thread, please pm GCPerm.

    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html#post1977684



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  • thomascannivady
    07-16 05:54 PM
    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.


    This is utter nonsense!!!

    Core team - > Please work on getting some sort of easy webfax put up so that we may effectively address such utter nonsense!! The link to the fax should be prominently displayed on the main page of IV!!!





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  • Mr. Brown
    03-10 04:59 PM
    Please pardon me for my ignorance but why is that every admin fix will work with money in this country?

    Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)

    I could recall that July '07 fiasco has been fixed without we donate anything.

    Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?

    These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
    Welcome to Capitalism!

    ...and yes it is the equivalent of bribes taken by our political people in India. As with most things Americans do it diplomatically by calling it "party funds" :-)



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  • gclabor07
    06-14 09:04 AM
    Everyone should do it. It was easy.





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  • rpat1968
    12-28 11:20 AM
    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)





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  • Project_A
    07-19 07:37 PM
    I submitted latest I-94 copy only; I do not have copies of all of my previous I-94's. Is it OK as long as we submitted copies of prior visa approvals?.

    Thanks
    Project_A





    pappu
    07-02 05:18 PM
    Thanks Ramus. Yes this is important for us in order to proceed with our action plan for protest against this insane visa bulletin. We need everyone's help and contributions.





    abhijitp
    08-03 02:47 PM
    If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.

    Wish you all the luck Abhijit.
    I asked my USCIS approved civil surgeon.
    He agreed to give me new copies for a fee of $35 per head. Hopefully people don't have to re-submit. I am going to believe this gentleman @ USCIS NSCS who told me at least if you receive a RN/ A# then you don't need to worry about an outright rejection.

    Aquarianf, no I did not ask, but I would want to send out the EVL in advance quoting the A#. It may not help, but common sense says it cannot hurt.



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