venkygct
06-10 02:16 PM
Visa Bulletin for July 2010 (http://travel.state.gov/visa/bulletin/bulletin_5019.html)
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nik.patelc
09-30 09:34 PM
Dude you brought up the point of being a proud donor. Nobody gives a hoot if you donate or not.
You are doing it for yourself and not for humanity.
Get it right!
And the way you behave shows what kind of background you have (UP/Bihar)
So just grow up and learn how to respect others!!!
Arunmurthy, Please dont drag UP/Bihar. Bihari are proud indian too. I am not bihar but narrow minded guy like you talk all this nonsense. People from south may be educated, techy but very discrimating and hyprocrate. Most sound indian just hang out on their identity group and we all know if non south indian and south indian go to interview for tech job and person taking interview is from south, who gets job?
You are doing it for yourself and not for humanity.
Get it right!
And the way you behave shows what kind of background you have (UP/Bihar)
So just grow up and learn how to respect others!!!
Arunmurthy, Please dont drag UP/Bihar. Bihari are proud indian too. I am not bihar but narrow minded guy like you talk all this nonsense. People from south may be educated, techy but very discrimating and hyprocrate. Most sound indian just hang out on their identity group and we all know if non south indian and south indian go to interview for tech job and person taking interview is from south, who gets job?
migboy
07-19 07:53 PM
Following the July2 fiasco, my 140 was sent to TX Service Center on July 10, received by them on July 11.
Not received Receipt notice yet. Anyone else who filed with TxSC in July get a receipt yet? Does only the lawfirm get a receipt or also the employer? How long has it been taking TxSC to send receipt notice in the month of July? llot of discussion about NSC but I didn't see any mention of TXSC.
My lawyer tells me there may be some clarification from USCIS next week about filing 485 with just a receipt number (from a cleared check) or with proof of Fedex delivery; for now confusion prevails about whether or not such a 485 application will be rejected. Lawyer is not sure if cleared checks will reach them before 4 weeks from the bank. They don't seem able/willing to find the eCopies of the checks on the bank website. Some people mentioned employer sends the check, i think the lawfirm does?
Wonder if anyone has any views on refiling 140, but concurrently with a 485 this time? Has anyone tried this? Does the Labor certification letter you personally got not count as original LC? Only the one sent to lawyer counts as orig?
Does USCIS callcenter entertain any calls to find out receipt number after 15 days? Anyone have a specific number for TX SC?
Not received Receipt notice yet. Anyone else who filed with TxSC in July get a receipt yet? Does only the lawfirm get a receipt or also the employer? How long has it been taking TxSC to send receipt notice in the month of July? llot of discussion about NSC but I didn't see any mention of TXSC.
My lawyer tells me there may be some clarification from USCIS next week about filing 485 with just a receipt number (from a cleared check) or with proof of Fedex delivery; for now confusion prevails about whether or not such a 485 application will be rejected. Lawyer is not sure if cleared checks will reach them before 4 weeks from the bank. They don't seem able/willing to find the eCopies of the checks on the bank website. Some people mentioned employer sends the check, i think the lawfirm does?
Wonder if anyone has any views on refiling 140, but concurrently with a 485 this time? Has anyone tried this? Does the Labor certification letter you personally got not count as original LC? Only the one sent to lawyer counts as orig?
Does USCIS callcenter entertain any calls to find out receipt number after 15 days? Anyone have a specific number for TX SC?
2011 Half-Life 2: Episode 3
Tito_ortiz
02-13 10:33 AM
What was said at on BusinessWeek was just the old story again;just one side of the story. The truth is that you are setting yourself for disappointment if you expect this to turn into reality. Just relax, contribute to IV and save the rest of your money. Keep your expectations low, folks and we will get there.
Based on last week's BusinessWeek article, I have a feeling that we will see an effort to restrict initial H1B applications in some way. That would be a good opportunity to push for allowing naturalization applications for people who have been on work visas for a long time (say 8-10 yrs?). Fighting for citizenship would have a stronger emotional dimension and may connect better with the American public. A direct filing for citizenship will work around retrogression by providing an avenue for people to move out of the GC queue.
Based on last week's BusinessWeek article, I have a feeling that we will see an effort to restrict initial H1B applications in some way. That would be a good opportunity to push for allowing naturalization applications for people who have been on work visas for a long time (say 8-10 yrs?). Fighting for citizenship would have a stronger emotional dimension and may connect better with the American public. A direct filing for citizenship will work around retrogression by providing an avenue for people to move out of the GC queue.
more...
Imm_Exploited
03-24 08:28 PM
Not insider information but I do have access to a lot of rfe's and issues that are going on in the EB community:
USCIS revoking approved I-140's
USCIS adding up all 140's together and asking companies to prove ability to pay for all candidates together
department of labor auditing just about every eb2 labor
vermont and california service center giving very difficult rfe's to h-1b's - change of employers and extensions (they are actually denying them to)
Consulates sending complaints to department of labor when h-4 goes for visa stamping and they see primary hasn't received paystubs from entry into usa
companies closing down because fines/penalties from department of labor are too much.
random visits from department of labor and ICE to employee homes
IRS auditing per diems
It really seems that the government is making a concerted effort in giving the employers and employees a very difficult time. Started getting tough in 2004 but have really ramped it up a notch in last nine months.
... and award Green Cards in exchange for SEX :D
No pun intended. IE
USCIS revoking approved I-140's
USCIS adding up all 140's together and asking companies to prove ability to pay for all candidates together
department of labor auditing just about every eb2 labor
vermont and california service center giving very difficult rfe's to h-1b's - change of employers and extensions (they are actually denying them to)
Consulates sending complaints to department of labor when h-4 goes for visa stamping and they see primary hasn't received paystubs from entry into usa
companies closing down because fines/penalties from department of labor are too much.
random visits from department of labor and ICE to employee homes
IRS auditing per diems
It really seems that the government is making a concerted effort in giving the employers and employees a very difficult time. Started getting tough in 2004 but have really ramped it up a notch in last nine months.
... and award Green Cards in exchange for SEX :D
No pun intended. IE
kartikiran
06-15 04:35 PM
Eb3 v/s Eb2 is a nonsensical nonproductive meaningless argument. If you actively participate in speaking with the lawmakers, you would know the bogus nature of this squabble. Each one of us has a choice. We can continue with this pissing contest or we could do something to fix the backlogs. We all understand the frustration and anxiety due to the long delays. It is easy to be drawn in meaningless eb2 v/s eb3 quarrel in the virtual world when one is not privy to how things work in the real world.
If you feel compelled to engage in infra and trivia, please utilize your energy for your benefit by understanding the larger debate so that each one of us can employ our energy to fix our issues. Please use your energy in a positive manner. There is no point of this discussion. It is easy to write/post arguments just to support your own application/position in line. Anybody can do that. But such narrow minded approach will not help even a single soul on this planet, including yours. For those of you who want to continue with this bickering, you can do so at the expense of your own time. And when you engage in such arguments, please remember that whatever you all write or post about this nonsensical back-and-forth is not helping you or your family. But if you are sincere and care for this issue, if you truly care for your issue, then please consider participating actively to meet with the lawmakers to make our voices heard.
Members who actively engage in the advocacy effort know when we are saying. For example � talk to nearly 125 IV members who lead the lobby day in DC during the past week. They will tell you the bogus nature of this Eb2 v/s Eb2. Stop wasting your energy arguing thing which have no meaning. Please utilize your energy in finding fix for the backlogs because there will never ever be a bill/set of provisions only for Eb3 or only for Eb2.
Understood every point of yours & I stand by what you said except for the language as it could have been a bit better. Regarding EB3 or EB2, maybe IV should work attaching a provision as part of its CIR work, which makes USCIS determine whether a candidate is in EB3 or EB2 based on the PERM & 140 instead of letting companies & attorneys mention it. If this happens the process will be much better as USCIS controls the categories & applicants do not need to beg a company to throw them into an EB2 basket or EB3 basket. Also, applicants can have certain amount of freedom from the companies.
When a process is flawed, there is always room for abuse. Of course, the abuse might be minimal, but when we see people with masters & 15 years of experience toiling in EB3 category it pains my heart. It is a fact there could be lesser qualified inidividuals who are in EB2 category, but the companies have managed to use these to hold the employees as hostage.
Hopefully USCIS someday understands this and takes control of assigning applicants into categories than asking company & attorney to mention.
Just sharing my two cents. Also, frustrations from EB3 should be tolerated by IV members, instead of beating them with "red dots". Because if we request members to put their time and effort then it would be mostly EB3 members as they are the "worst" affected. I am sure every year between july-sept most of EB2 members will do bulletin-watching & there is nothing wrong in it.
If you feel compelled to engage in infra and trivia, please utilize your energy for your benefit by understanding the larger debate so that each one of us can employ our energy to fix our issues. Please use your energy in a positive manner. There is no point of this discussion. It is easy to write/post arguments just to support your own application/position in line. Anybody can do that. But such narrow minded approach will not help even a single soul on this planet, including yours. For those of you who want to continue with this bickering, you can do so at the expense of your own time. And when you engage in such arguments, please remember that whatever you all write or post about this nonsensical back-and-forth is not helping you or your family. But if you are sincere and care for this issue, if you truly care for your issue, then please consider participating actively to meet with the lawmakers to make our voices heard.
Members who actively engage in the advocacy effort know when we are saying. For example � talk to nearly 125 IV members who lead the lobby day in DC during the past week. They will tell you the bogus nature of this Eb2 v/s Eb2. Stop wasting your energy arguing thing which have no meaning. Please utilize your energy in finding fix for the backlogs because there will never ever be a bill/set of provisions only for Eb3 or only for Eb2.
Understood every point of yours & I stand by what you said except for the language as it could have been a bit better. Regarding EB3 or EB2, maybe IV should work attaching a provision as part of its CIR work, which makes USCIS determine whether a candidate is in EB3 or EB2 based on the PERM & 140 instead of letting companies & attorneys mention it. If this happens the process will be much better as USCIS controls the categories & applicants do not need to beg a company to throw them into an EB2 basket or EB3 basket. Also, applicants can have certain amount of freedom from the companies.
When a process is flawed, there is always room for abuse. Of course, the abuse might be minimal, but when we see people with masters & 15 years of experience toiling in EB3 category it pains my heart. It is a fact there could be lesser qualified inidividuals who are in EB2 category, but the companies have managed to use these to hold the employees as hostage.
Hopefully USCIS someday understands this and takes control of assigning applicants into categories than asking company & attorney to mention.
Just sharing my two cents. Also, frustrations from EB3 should be tolerated by IV members, instead of beating them with "red dots". Because if we request members to put their time and effort then it would be mostly EB3 members as they are the "worst" affected. I am sure every year between july-sept most of EB2 members will do bulletin-watching & there is nothing wrong in it.
more...
kopguy
05-27 01:42 PM
Krupa and Sreedhar
Thanks for sharing your experience of on line filling for Advance Parole.
I thought I should mention that I got my AP papers on May 22, 2009 that is just under one month after my application (4/24) and sending them a letter with following documents �
1. Bio metric page of Passport, (I guess photo copy of drivers license is also acceptable)
2. I 797 action notice for your 485 application to prove your 485 is pending
3. Two passport size photos
4. Confirmation receipt received after e-filling for AP.
Thanks for sharing your experience of on line filling for Advance Parole.
I thought I should mention that I got my AP papers on May 22, 2009 that is just under one month after my application (4/24) and sending them a letter with following documents �
1. Bio metric page of Passport, (I guess photo copy of drivers license is also acceptable)
2. I 797 action notice for your 485 application to prove your 485 is pending
3. Two passport size photos
4. Confirmation receipt received after e-filling for AP.
2010 Half Life 3 screenshots?
vikki76
03-05 12:28 AM
Let's see if giving them 5K brings more transparency..seems like a good idea about pooling in money
more...
Jaime
09-20 12:42 PM
I would give some days to Attendees and particularly to IV core team to analyze the rally events, meetings in their entirty and come up with the conclusions mainly for 3 things. And I request everybody to funnel data to core team centrally and the same way conclusion and future action list funnelled to members.
- What we could REALLY achieve
- How loud we could be heard
- Any potential and positive impact in near future?
- Based on all of above making near future strategy
Note: One thing I want to bring everybody's attention that from November Elections will slowly be given priority by every media and so we may have to come up with careful strategy not having any conflict with election realted major events.
We look forward to guidance from Core!
- What we could REALLY achieve
- How loud we could be heard
- Any potential and positive impact in near future?
- Based on all of above making near future strategy
Note: One thing I want to bring everybody's attention that from November Elections will slowly be given priority by every media and so we may have to come up with careful strategy not having any conflict with election realted major events.
We look forward to guidance from Core!
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paskal
09-23 12:09 AM
better believe it :-)
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waitnwatch
06-26 09:21 AM
The original bill had a 10% per country cap. Don't think that has been removed in the new bill.
Sorry the hard country limit of 10% remains..........
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01639:
Sorry the hard country limit of 10% remains..........
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01639:
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pbojja
02-09 10:12 PM
Are you from different world. Yes it is necessary even to get the H1. Now I understand why the anti-immigrants are targetting us. Do you mean to say the English speaking people diminished this country. Can we replace all these guys with mullas. What are you trying to say..
Hello ... I m responding to a some one who dis-respected my fellow citizens . So what do you say English speaking guys are great IT professionals ? To work on computers you need brian and understand bits and bytes not english .
I think you got my message wrong all I m saying is you dont have to be a great english communicator to qualify for EB2 , unless you are applying as professor .
In 70s most of the towns having only local language schools and stuided in local language schools , thay may be part of reason why some of them dont communicate well ..That doesnt mean they can not work on computers ...
Hello ... I m responding to a some one who dis-respected my fellow citizens . So what do you say English speaking guys are great IT professionals ? To work on computers you need brian and understand bits and bytes not english .
I think you got my message wrong all I m saying is you dont have to be a great english communicator to qualify for EB2 , unless you are applying as professor .
In 70s most of the towns having only local language schools and stuided in local language schools , thay may be part of reason why some of them dont communicate well ..That doesnt mean they can not work on computers ...
more...
house a Half-Life 3 Techdemo
frostrated
06-11 02:35 PM
Hi,
This is one of my friends case: Please guide him....
"My wife's employer filed for her GC during 2007 August rush for all of us. Her case is in EB3 with Feb 2005 PD. My labor is approved and filed for I-140 about a year ago and still hasn't been approved. Now, my PD is current based on yesterday's Visa Bulletin. Can I file another I-485 for me with a pending I-485 thru my wife's employer?"
Thanks in advance....
yes, you can file a 485 based on your PD. But it will be processed only after your 140 is approved or while it is being processed.
OR, you can wait, and once your 140 is approved and provided your PD is still current, you can transfer your wife's 485 to yours making you the primary and the wife the dependent.
This is one of my friends case: Please guide him....
"My wife's employer filed for her GC during 2007 August rush for all of us. Her case is in EB3 with Feb 2005 PD. My labor is approved and filed for I-140 about a year ago and still hasn't been approved. Now, my PD is current based on yesterday's Visa Bulletin. Can I file another I-485 for me with a pending I-485 thru my wife's employer?"
Thanks in advance....
yes, you can file a 485 based on your PD. But it will be processed only after your 140 is approved or while it is being processed.
OR, you can wait, and once your 140 is approved and provided your PD is still current, you can transfer your wife's 485 to yours making you the primary and the wife the dependent.
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onemorecame
08-06 12:07 PM
You stand a better chance of getting it through your kids if they are citizens than getting it through EB3. There are a few options to get green card faster. Canada is not one of them.
1. Get a Ph.D, get a job in a univ and apply in EB-1.
2. Get a MBA and get a management job and apply in EB-1.
3. Become a religious worker in some temple and apply in the religious worker category.
2) Get a MBA and get a management job and apply in EB-1.
Please describe which kind/feild of management job we need? is any management job in any IT company is fine orwe need within a some specific feild to qualify for EB1?
1. Get a Ph.D, get a job in a univ and apply in EB-1.
2. Get a MBA and get a management job and apply in EB-1.
3. Become a religious worker in some temple and apply in the religious worker category.
2) Get a MBA and get a management job and apply in EB-1.
Please describe which kind/feild of management job we need? is any management job in any IT company is fine orwe need within a some specific feild to qualify for EB1?
more...
pictures Screenshot 3
chmur
07-18 07:28 PM
Excellent response. I have been a silent admirer of IV for some time. IV has represented the aspirations of all the EB applicants. people should understand that the US allotment of visas to foreign Nationals is only based on what is fair for the country (US). It does not matter to them to what country the applicant belongs but what matters is the qualifications and their benefit to the advancement of the US. I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover. we have to concentrate our efforts on how we can improve conditions for every body affected by this retroression. efforts aimed at one category and that too one country will almost certainy fail. I am also shocked to see a few EB3 I expressing anger over dates moving for EB2. personally if I see a person from my country getting his visa approved, then I would feel very happy for him even if I am waiting for some time. I know it will be difficult, but atleast spare some joy for your country men and women who are getting some well deserved relief after such a long wait. one of my old friends told me once "if you have a friend from India, don't rely on him to help you, because you will not get much help moreover some people will only try to pull you down, but if you take people from other countries, it is exactly the opposite as they try to help each other in every possible way". I agree that it is very distressing for every one that the dates are retrogressed, but now that EB2 has moved, all of a sudden some people woke up from a deep sleep and started making these arguments that have no legal basis. None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable. I know a lot of people from EB2 protested at this wrong interpretation of the law, but I don't remember anyone ever criticizing IV for not taking up their cause even though we knew all along that spillover from EB1 to EB2 retrogressed countries was the right interpretation of the law. now some people are asking IV to take up an issue that is straight forward illegal as was clearly explained by DOS in a recent bulletin. instead of wasting time and efforts on such futile suggestions, people should concentrate on making some constructive effort along with IV helping every one involved in retrogression.
"I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover".
Are you suggesting we "Get over the spill over issue" because that's what current law says ??
Then by that logic, should we get over the "recapture issue" too?? because that's what current law says...now I am appalled.
As I understand, IV's objective is to change laws in favor of the immigrant community. Agreed Recapture is priority #1 since it alleviates majority of our concerns, but is it the only one ?? Especially when recapture happens to be the most difficult one to achieve . Answer is NO.
IV has scored so many smaller wins in the recent past to provide temporary relief to the community at large.
You say "I am also shocked to see a few EB3 I expressing anger over dates moving for EB2".
Some EB3s might have expressed jealousy .Shame on them. But most are expressing anger because EB3 is "U" and the spillover formula will keep them retrogressed for years to come and not because EB2 moved ahead . Godd for Eb2s.
Your India specific jealousy example can be applied of any country. India does not hold monopoly over jealous acts. People are jealous not countries.
You say, "None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable".
IMO, this is frivolous...this kind of questions can be countered by equally frivolous question like ..... How many Eb2s are now expressing their anger over this years interpretation of spillover laws by DOS??
"I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover".
Are you suggesting we "Get over the spill over issue" because that's what current law says ??
Then by that logic, should we get over the "recapture issue" too?? because that's what current law says...now I am appalled.
As I understand, IV's objective is to change laws in favor of the immigrant community. Agreed Recapture is priority #1 since it alleviates majority of our concerns, but is it the only one ?? Especially when recapture happens to be the most difficult one to achieve . Answer is NO.
IV has scored so many smaller wins in the recent past to provide temporary relief to the community at large.
You say "I am also shocked to see a few EB3 I expressing anger over dates moving for EB2".
Some EB3s might have expressed jealousy .Shame on them. But most are expressing anger because EB3 is "U" and the spillover formula will keep them retrogressed for years to come and not because EB2 moved ahead . Godd for Eb2s.
Your India specific jealousy example can be applied of any country. India does not hold monopoly over jealous acts. People are jealous not countries.
You say, "None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable".
IMO, this is frivolous...this kind of questions can be countered by equally frivolous question like ..... How many Eb2s are now expressing their anger over this years interpretation of spillover laws by DOS??
dresses Half-Life 3
av2004
05-19 01:52 PM
Pappu,
I have helped in some other initiatives, but not donated money primarily because I was disgusted with some folks calling non-donors as free loaders. Anyway, since it is needed for our cause and our voice at this moment, I have donated $50. First time ever! Do keep up the good work that you guys always excelled at!
I have helped in some other initiatives, but not donated money primarily because I was disgusted with some folks calling non-donors as free loaders. Anyway, since it is needed for our cause and our voice at this moment, I have donated $50. First time ever! Do keep up the good work that you guys always excelled at!
more...
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h1techSlave
09-20 04:12 PM
..from any single state, afaik (perhaps with the exception of NJ, don't have the exact numbers - but in stark contrast to many other states... ).
Also note, the attendance at short notice for the SJ rally was phenomenal.
Let's just say Californians are more motivated and active then many from the DC area, and you can expect an even larger crowd the next time around, with better planning and more time imo.
jazz
One reason for the poor performance from DC area folks is that a GC does not open many avenues for folks in DC area. You could change from a 70K job to 90K job, may be. In Silicon Valley there are many more opportunities. You are talking about a change from 80K to may be starting a million $$ company.
Also note, the attendance at short notice for the SJ rally was phenomenal.
Let's just say Californians are more motivated and active then many from the DC area, and you can expect an even larger crowd the next time around, with better planning and more time imo.
jazz
One reason for the poor performance from DC area folks is that a GC does not open many avenues for folks in DC area. You could change from a 70K job to 90K job, may be. In Silicon Valley there are many more opportunities. You are talking about a change from 80K to may be starting a million $$ company.
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485Mbe4001
12-10 04:25 PM
"Does battering members without knowing a real cause and passing judgements and making snide remarks help this movement in any way?
Anyone ?"
Maybe it does, maybe it doesnt, I dont know.
I am one of the few who was all alone in a congressmans office requesting the district director 'lets wait for 5 more mins' because all the people who were supposed to come to the meeting bailed out at the last moment without telling me.
its been 6 months and i am still pissed off about it. My daughter had to be rushed to the hospital the day before the meeting, i still made it. My employers were also supportive about giving me the day off to look after my child and attend the meeting too.
So am I judgemental if someone promises to attend something and doesn't, you bet i am.
Each one is supposed to his/her own part in a own way, but please dont promise something and be callous to ignore it completely. If you can contribute, contribute, if you cant then dont, provide your services in someother way but dont make light of the effort that others put in. The guys who failed to make to the Texas meeting could have emailed or called up and said so.
My Original Peaceful question again:
Does battering members without knowing a real cause and passing judgements and making snide remarks help this movement in any way?
Anyone ?
Peace again..
Anyone ?"
Maybe it does, maybe it doesnt, I dont know.
I am one of the few who was all alone in a congressmans office requesting the district director 'lets wait for 5 more mins' because all the people who were supposed to come to the meeting bailed out at the last moment without telling me.
its been 6 months and i am still pissed off about it. My daughter had to be rushed to the hospital the day before the meeting, i still made it. My employers were also supportive about giving me the day off to look after my child and attend the meeting too.
So am I judgemental if someone promises to attend something and doesn't, you bet i am.
Each one is supposed to his/her own part in a own way, but please dont promise something and be callous to ignore it completely. If you can contribute, contribute, if you cant then dont, provide your services in someother way but dont make light of the effort that others put in. The guys who failed to make to the Texas meeting could have emailed or called up and said so.
My Original Peaceful question again:
Does battering members without knowing a real cause and passing judgements and making snide remarks help this movement in any way?
Anyone ?
Peace again..
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qvadis
03-20 08:33 PM
The visa office's interpretation is correct and if you read 202 (a) (5) it clearly says that the country limits should be ignored for unused visa numbers.
Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?
I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.
I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories.
But it also doesn't say the opposite.
In 202 (a) (5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.
It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.
Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.
Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?
I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.
I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories.
But it also doesn't say the opposite.
In 202 (a) (5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.
It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.
Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.
amitjoey
05-24 06:21 PM
Thank You gk_2000, GC_dd
santb1975
04-28 12:23 AM
Just when I thought we are done for the day. Thanks a lot. you get us to 3886
Just sent $100 via PayPal. Glad to help out.
thanks
Just sent $100 via PayPal. Glad to help out.
thanks
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