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  • gc_on_demand
    11-12 03:24 PM
    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.
    (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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  • ksvreg
    04-08 10:04 AM
    Pending clearance on rumors, if POE called employer, it is likely that employer(s) may answer about US Citzen hiring to yes, but it is very "generic". The "generic" information my be mis using by POE either intentional or unintentional . It is better off giving heads up to company HR department about these enquiries (if they are not rumors) and brainstrom them about procedure and time lines to hire US citizen and impact on business if non immigration is not available immediately. Otherwise, employer may say yes to hire US citizen "in general".

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  • kaisersose
    09-18 11:15 PM
    I had to reluctantly stay away from the rally due to a brand new baby at home, but I sure hope to be part of future efforts.

    And I totally agree that Legal is the keyword. Most Americans are not clear about Legals v Illegals and lump them together. Of course, some just do not care and do not see a need to differentiate between the two. They would just like to see Asian and South Asian folks get out of the country.

    And I also am not in favor of asking for an increase in GC quota. Instead I am in favor of not counting spouse and kids against the quota. This itself will effectively inrease the quota to over 350K per year. Directly asking for quota increase always leaves a bad taste for skeptics and will slow down any possible action.

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  • srkamath
    07-13 02:30 PM
    I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.

    We should compare the processing date at NSC / TSC with the erroneous receipt date they show in the online case status. Their computer systems are more likely to have recorded that date than the presumably hand-typed receipt date on our I-485 receipt notices......
    My actual receipt date is July 2nd, but the online case status shows Aug23 rd, i'm not expecting anything to happen until TSC proc. date gets past Aug 23rd.


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  • pappu
    01-16 10:17 AM
    All pls update your profile information wth your full details so that IV may contact you whenever needed. We had several hundred bounced emails today when we sent out our first round of newsletter for this drive.

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  • jitnair
    08-13 05:05 PM
    From all my analysis i had 20k-45k number in mind (for Aug/Sept). A large portion of it for EB2-I (could be as large as 25k for the whole year 2008)

    sachug22 - Your's and vldrao's analysis has been right on the money.

    Now it is all about 'how quickly' the USCIS can process these applications. Looking at last July, there is hope !

    30K for EB2-I (Assuming rest goes to EB1,EB2-ROW,EB2-C) can be substantial.


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  • GCapplicant
    07-18 10:23 AM
    Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
    If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.

    Exactly,Even I think so...If they did not want to accept they would have done at the door step.So I think better we can wait and see for another week if any cases are like that.My lawyer mentioned she hasnt got any rejections until now.She has been sending continuous applications even a week before during this problem.She mentioned last week that she is still sending applications in and has Fed ex delivery confirmations for all the applications.

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  • Macaca
    01-18 10:56 AM

    Shame on you if a member plans to contribute $2700 and you have contributed less then 10% (= $270). You are benefiting equally.


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  • StarSun
    02-07 08:35 AM
    immig4me, can you keep the advocacy thread on the home page in the weekend too?

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  • f16mav
    03-18 08:35 AM
    I can donate about 30K Continental miles. Please let me know the procedure.



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  • WillIWin?
    07-24 12:24 PM
    This is my law firm. Seems like they have submitted many applications (140 + 485 concurrently) WITHOUT the employment offer letter.
    Anyone else with this firm ? Also I see that there are people who have already sent in their 485 applications. My 2 cents:

    - Dont send in multiple 485s (with the same underlying I-140. Multiple 485s with multiple I-140s is fine). Higher chances of rejection than just a missing employment letter.

    - If your lawyer is a relatively reputable firm, then chances are that they have done this in the past and have not had any issues. So chances are they know what they are doing.

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  • varshadas
    01-31 10:01 AM
    Please let me know if we can have a conference call tonight to finalize the flyer. We have to close out the flyer today.



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  • amitpan007
    06-06 04:31 PM
    Hi bodhi_tree and amitpan007,

    Were there any LUD's on your application before the approval?


    No LUDS since 20-JUL-07 for FP.

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  • lost
    02-24 09:09 AM
    Anyone from KY attending the event?


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  • goosetavo
    06-30 09:20 PM
    My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
    If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
    Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.

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  • yabadaba
    09-26 12:44 PM
    As needhelp said earlier, the damage is done. This is really shameful on the part of CNN. Maybe its a coordinated effort by the Lou Dobbs production team to equate our issues with H1B. This philosophy trickles down and freelance writers end up subscribing to that ideology giving betsy ross and her hateful group a nice platform for them to launch their attacks on us or spread even more misinformation.

    One thing I started doing was identifying texts in the comments section of any news article post related to high skilled immigration. It looks like ALIPAC or one of those hate groups have a concentrated effort for members to post the same message in the comments section of any media article that is sympathetic to our predicament. We need to identify these posters and the messages - maybe it all comes from one user posting the same set of stock messages with different names.


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  • Rajeev
    01-31 04:28 PM
    This is what I have come up with so far. Please everyone, feel free to modify this:

    Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
    EB3 moved 2 weeks in 10 months!
    EB2 hardly moved in 10 months!

    If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.

    Do you know how this affects you?
    � Frustration of sticking to the same employer and no career growth.
    � Children not being able to get state benefits.
    � Spouses unable to work.
    � The feeling of unsettlement.
    � Above all, tons of mental stress.

    Do you want be in this mess for ever. I am sure you don�t. We deserve better.

    We all have to fight together to fix this broken immigration system and achieve IV�s goals to
    � Remove retrogression
    � Remove backlogs in labor certification
    � Remove backlogs in I-140 and I-485 processing
    � Revise the way visa quotas for highly skilled workers are determined

    Register FREE to become a member today!

    Excellent job Varsha. I would like to modify one line.

    Children not being able to get scholarships, cannot work or get state tuition benefits instead of 'Children not being able to get state benefits.'

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  • paskal
    07-03 01:54 PM
    the discussion on such heated topics can still be in civil tones.
    frankly personal attacks and strong language are not going to get anyone's point across any better. try keeping a cool approach and write well reasoned thoughtful posts. also don't forget, in everything, there is ususally something to the other point of view- however much we disagree on something. lets try this refreshing new approach...maybe we will find there is actually common ground...;)

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  • saro28
    07-12 06:48 PM
    Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card

    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

    03-10 02:33 PM
    From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.

    Since you chose to not to answer my question, I assume you have no idea what you are talking about.

    Please ignore MDix.

    07-14 05:56 PM
    Should I send a AC21 letter to USCIS along with my new employment letter?
    Who is the best attorney for such cases?
    Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?

    Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.

    Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.

    Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.

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