bheemi123
10-03 01:29 PM
I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
i did exactly like you..
Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
i did exactly like you..
Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...
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nojoke
02-27 06:42 PM
Armageddon or not, smart or fool, time will tell. My view is recession yes, outside chance of a depression. Armageddon...........not really.
Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.
Who still thinks this is a normal recession? I feel like saying "I told you so".
Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.
Who still thinks this is a normal recession? I feel like saying "I told you so".
kumar1
12-13 11:32 PM
someone gave me red dot with this message -
**motherfucker**
I answer to that person is -- thank you for telling me your real level.
**motherfucker**
I answer to that person is -- thank you for telling me your real level.
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dvb123
02-19 12:12 AM
This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.
1. There is a bill in the house now
HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.
3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then ROW people would be able to apply for I-140 and I-485 automatically.
4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely.
5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)
So, we should support HR 264 bill with a few amendments if possible.
1. There is a bill in the house now
HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.
3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then ROW people would be able to apply for I-140 and I-485 automatically.
4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely.
5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)
So, we should support HR 264 bill with a few amendments if possible.
more...
nozerd
01-27 10:31 AM
Why are the numbers for 2000 so low. Is it because it is pre AC21.
Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?
Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?
sandiboy
07-18 08:33 AM
Mine reached on Jul 2nd @ 7:55AM. I was also current per June bulletin but it was filed in July. No Receipt yet.
more...
sri1309
03-09 01:10 PM
Anyone for May 09 predictions???
Lets start diong something. I'll start writing atleast one letter everyday to anyone who can help us. I'll start with Zoe Lofgren who was so supportive for us, and everyday I'll be writing to Obama on Change.gov.
I'll really appreciate comments on this bulletin from all of us disappointed once again, but would also like to see what action we can taKe.
We need action now.. this is too much. Next month or 2, the dates will become U, and then we start dreaming about Oct 1st.. Not good approach..
Anyone.. what will you be doing different today to fix our issues????
Lets start diong something. I'll start writing atleast one letter everyday to anyone who can help us. I'll start with Zoe Lofgren who was so supportive for us, and everyday I'll be writing to Obama on Change.gov.
I'll really appreciate comments on this bulletin from all of us disappointed once again, but would also like to see what action we can taKe.
We need action now.. this is too much. Next month or 2, the dates will become U, and then we start dreaming about Oct 1st.. Not good approach..
Anyone.. what will you be doing different today to fix our issues????
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chanduv23
03-13 12:04 PM
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
more...
alias
06-10 01:21 PM
EAD is not tied to an employer/company, it is your application. You may apply for EAD but not work at all, if you wish.
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snowshoe
05-08 09:54 PM
I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)
Receipt Number: SRC07192xxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On May 8, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
more...
inskrish
02-22 12:41 AM
is there not a better nuance way to divulge the details without revealing the source.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
Excellent point. We need to make sure the 'information provider' is not victimized.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
Excellent point. We need to make sure the 'information provider' is not victimized.
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LegalIndianInUSA
08-02 11:43 PM
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
There was no fine print on the appointment letter. There wasn't even fuzzy wording (like "we may" or "in most circumstances" etc).
Although I'm clearly educated about how the system works now, back then, at age 24, I wasn't. I was foolish enough to trust and believe that they would keep their word; they are after all, big multinational companies.
I don't want other young Indian/foreign immigrants to fall into the same predicament.
The sooner they realize that Human Resources is the most inhuman department in a company, the better.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
In large companies, the Legal department doesnt exist solely for GCs and Immigration related matters. The cost of immigration is barely a drop in the overall cost of maintaining such a department, and hence your logic is wrong.
It is an unfortunate truth we all need to get accustomed to live with.
No, we dont need to get accustomed to being lied to, or being treated as skilled slaves.
If you side with the law and say that the companies are not obligated to process GCs, then they should not be offering the same. Also, the law as it currently stands, is unjust and I'd much sooner see the law be changed to something like "if you've worked here for 6 years, paid taxes etc, then you can apply for a GC yourself based on just that"
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here.
lol. Firstly, there is no such thing as a "free market". Wake up already.
Secondly, the US is more socialist than India is.
Thirdly, A GC is not a freebie/extra perk. A GC is a good-faith agreement between the company, the future employee and the governing body(USCIS), and companies should understand the ethical meaning of "good faith".
If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
Yea sure, I'd like to see all the high skilled kings that have been made by companies.
It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
At the end of the day, you are just another desk jockey.
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
There was no fine print on the appointment letter. There wasn't even fuzzy wording (like "we may" or "in most circumstances" etc).
Although I'm clearly educated about how the system works now, back then, at age 24, I wasn't. I was foolish enough to trust and believe that they would keep their word; they are after all, big multinational companies.
I don't want other young Indian/foreign immigrants to fall into the same predicament.
The sooner they realize that Human Resources is the most inhuman department in a company, the better.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
In large companies, the Legal department doesnt exist solely for GCs and Immigration related matters. The cost of immigration is barely a drop in the overall cost of maintaining such a department, and hence your logic is wrong.
It is an unfortunate truth we all need to get accustomed to live with.
No, we dont need to get accustomed to being lied to, or being treated as skilled slaves.
If you side with the law and say that the companies are not obligated to process GCs, then they should not be offering the same. Also, the law as it currently stands, is unjust and I'd much sooner see the law be changed to something like "if you've worked here for 6 years, paid taxes etc, then you can apply for a GC yourself based on just that"
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here.
lol. Firstly, there is no such thing as a "free market". Wake up already.
Secondly, the US is more socialist than India is.
Thirdly, A GC is not a freebie/extra perk. A GC is a good-faith agreement between the company, the future employee and the governing body(USCIS), and companies should understand the ethical meaning of "good faith".
If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
Yea sure, I'd like to see all the high skilled kings that have been made by companies.
It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
At the end of the day, you are just another desk jockey.
more...
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va_il
07-04 07:48 PM
Details behind your theory and their source information please
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NWISE
06-10 04:08 PM
Done
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sledge_hammer
06-19 04:59 PM
Do we use form G-325 or G-325A?
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seahawks
09-10 02:10 PM
Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.
this is copied from the catalog of the school:
The following categories will be considered as Florida residents for tuition purposes:
Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
Full-time instructional and administrative personnel employed by a public educational institution and their dependents
Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
Others as permitted by state statute or rule
If only moves were so easy wouldn't all H1's be in Florida?
We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.
this is copied from the catalog of the school:
The following categories will be considered as Florida residents for tuition purposes:
Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
Full-time instructional and administrative personnel employed by a public educational institution and their dependents
Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
Others as permitted by state statute or rule
If only moves were so easy wouldn't all H1's be in Florida?
We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.
more...
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logiclife
01-31 02:07 PM
What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?
That depends. I dont know how the H1s that are issued outside of quota for educational and non-profit organizations work. If they have the validity date sooner than 1st Oct 2007, then yes, you can start working based on that date.
Whatever the case, the H1 Approval letter (I - 797 ) will have start-date and end-date on it and that when you can work legally.
That depends. I dont know how the H1s that are issued outside of quota for educational and non-profit organizations work. If they have the validity date sooner than 1st Oct 2007, then yes, you can start working based on that date.
Whatever the case, the H1 Approval letter (I - 797 ) will have start-date and end-date on it and that when you can work legally.
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jonty_11
07-09 06:36 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.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
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.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
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nitinboston
04-09 04:19 PM
Dear Mrs. Hillary Clinton
Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.
1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
Rationale: We are trying to get Employment based pending applications.
3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?
Rationale: We are trying to confirm data received are all inclusive.
4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
E1
E2
E3
E4
E5
5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
Rationale: This will help us understand how much visa were available for reallocation.
6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
Rationale: To understand DOS�s interpretation and application of the law.
7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
a) Between Inventory Published 03/12/10 & 01/30/10 = 100
b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.
9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
USCIS Pending for EB3-China as on March 08, 2010 === 5,575
DOS Pending for EB3-China as on March 01, 2010 === 8,900
Rationale: Closing gap in case of data error.
References:
i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.
Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.
1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
Rationale: We are trying to get Employment based pending applications.
3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?
Rationale: We are trying to confirm data received are all inclusive.
4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
E1
E2
E3
E4
E5
5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
Rationale: This will help us understand how much visa were available for reallocation.
6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
Rationale: To understand DOS�s interpretation and application of the law.
7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
a) Between Inventory Published 03/12/10 & 01/30/10 = 100
b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.
9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
USCIS Pending for EB3-China as on March 08, 2010 === 5,575
DOS Pending for EB3-China as on March 01, 2010 === 8,900
Rationale: Closing gap in case of data error.
References:
i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.
abhijitp
08-03 02:25 PM
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.