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  • Ramba
    07-09 07:44 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) 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

    (2) 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.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.

    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

    my 2 cents...





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  • anurakt
    12-26 09:01 AM
    I agree with this, we should also crate a section in craiglist for our area and put it....It's free and people do look at the postings....

    Craiglist is one of the best websites for local promotions.


    ??





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  • ronhira
    04-09 07:02 PM
    - the problem is with the congress, not with cis
    Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.


    -y the hell do u blame cis...... r they not allocating 140K per year
    If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
    Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....


    Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.

    We all understand that blaming is not going to help anyone. But what else to do.

    u'r saying that all these years uscis & dos was misinterpreting the law for counting dependents in the 140K count..... well, what is the army of 10,000 impotent immigration lawyers doing for last 15 years..... i know they r all dumb & sleazy..... but if that were the case someone in that useless army of 10,000 would have cared to file a lawsuit or someone in congress would have questioned uscis/dos..... the fact that no one questioned or filed for a suit just proves that uscis is interpreting the law correctly..... as much as i would like...... i am actually not convinced that its uscis fault for counting depends.... again here its the fault of the congress for framing the law like the way it is....

    there are sleazy immigration lawyers who throw out this bullshit material hoping that some of it will stick, & guys like will think they r the gods..... in that sense its our fault to play right into the hands of sleazy immigration lawyers.... here r some of the creepiest of things thrown by some of these scam artist lawyers -

    - fix backlog without immigration bill
    - vb dates all current in 2 months
    - spillover crap (this one is my favorite)

    all that i'm trying to say is that we can do lot of things.... and beating down on uscis/dos is the last thing we all want to do....... becoz otherwise we waste the energy from our frustration/anger @ the wrong target......





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  • eb2_mumbai
    02-09 01:31 PM
    Why am I not suprised with this news?

    I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.



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  • seeker999
    08-11 11:13 AM
    Are we concluding that we will not have any support from IV for EB3?

    Can we draft a letter to USCIS and push it through the founding fathers of IV?

    I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.





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  • jayleno
    07-28 06:24 PM
    Please let me know how to close this thread?

    Wonderful realization. Here is a comment accompanied with red dot for me for my post earlier:

    "why..what is wrong with the thread?"...I wonder what is wrong with this thread.



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  • ajthakur
    07-14 06:30 PM
    Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
    When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?





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  • gcdreamer05
    03-19 07:29 AM
    This is the power of Immigration Voice. Not everyone has the knowledge of all these situations, so we need to gain knowledge from the past experience of others.

    I am sure thread's like this will help a lot of people who have plans to join few Full Time Employees who promise but cannot keep it up.

    Please continue to share...



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  • alex99
    11-01 12:33 PM
    Bumping..





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  • feedfront
    10-27 12:25 PM
    Just few more days..



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  • ckichannagari
    12-13 08:49 AM
    That's a good idea. A good way of generating funds for IV also. This way it would seem less burden for all of the members and they will be willing to come forward.





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  • shsk
    11-11 11:02 PM
    We can all pitch in and send either congrats greeting card/flower along with IV letter highlighting our pathetic situation.
    Hope he addresses something.



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  • senthil1
    12-22 11:14 AM
    I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.

    I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...





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  • akred
    01-21 12:30 PM
    My guess is that except for the early years (2001, maybe 2002), EB-2 timelines will be almost identical to EB-3.

    Supporting reasons are -

    1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.

    2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.

    Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.



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  • StarSun
    03-16 07:12 PM
    VA/DC/MD members, please host members from out of states. Contact sukhwinderd (private message) or send him an email.......... 2011carpool@gmail.com Lots of members are asking for hosts......

    VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.





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  • aristotle
    07-18 03:11 AM
    Can all the July 2nd filers update this thread if

    - you have your application rejected and returned.
    OR
    - you get a receipt number or have your check cashed.

    Please login and subscribe to this thread.



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  • sri1309
    09-10 06:01 PM
    Its time to ask for our share.
    Our strong points must be anyone legally in US for 8+ years must be granted Citizenship. We have suffered the pain, now they do something to help forget that. 5 years, should be eligible for a GC.
    We must push for this. Unless you ask, why will they even bother. Doenst mean we didnt ask in the past, but we must ask what we deserve.
    8 years+, worked like a dog, behaved responsibily everywhere, have good qualifications. etc etc.. what else do you need to do. We shouldnt be paying for their lapses. We must push them and also push our employers again and again and again till we get this. US is very good in many aspects, but lagging here. Unless you highlight it, unless you say ALOUD that we are not respected here, they will not hear.. We need a campaign that none is seeing or taking any initiative in the last 3 months. I see 10s of threads talking same things..
    Core guys.. we need your help

    Sri
    $100 one time.





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  • amitjoey
    01-18 05:26 PM
    Thanks Pappu :D (Pappu, left a PM, pl reply. Wouldn't mind if you don't come back , you are busy. Thanks)

    Several hundred members ... only about 50 posts !!

    That's true, once it is posted on a web site, most likely many members of that site will come read the thread. How many will read, will go on increasing each day, east posting.

    Extraordinary effort perm2gc and others, please keep it up !!

    Members , give it a thought ... give a free gift, more the members ...best our efforts.

    Thanks to all of you who are helping with this effort. 57 new members in the last 2 days and another 100 new last week. It has been very effective.





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  • cessua
    08-17 05:29 PM
    I don't get it.
    How can:
    VB-April07 EB3-ROW PD be Aug-02
    VB-MAy07 EB3-ROW PD be Aug-03
    VB-June07 EB3-ROW PD be June-05

    ..and then:

    VB-Sept-07 EB3-ROW PD be Aug-02

    Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???

    Sometimes i consider seriously giving up:(
    Need someone to give me the motivation to keep waiting... something logical i can understand.





    Nil
    03-17 11:31 AM
    There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
    Maybe the lawmakers should understand this plight...





    sumansk
    12-20 06:25 PM
    Man. I laughed bcos u really made me laugh and I thank you for that.. especially after the recent omnibus fiasco...u know what I am saying..:D

    any way .. my thinking is that since you have already gone thru other earlier stages and they check things at that shatte also so ..at yr 485 stage..you shud be good..so relax and njoy donot worry and also even if you worry...nothing is going to change so relax and make your family also relax as your tension will pass on to them as well...

    Just njoy and be happy as I have realised being happy wards off many unwanted things which we never know might have come our way due to being depresssed...

    ;)



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