desi3933
06-30 02:19 PM
still something is wrong. USA does not descriminate based on country of birth, in this case there is a punishment for being born in india.
I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.
.
I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.
.
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Jimi_Hendrix
11-02 02:38 PM
I renewed my DL a month ago. They did not ask for any documentation and simply renewed the DL for 5 years.
starscream
08-20 09:06 AM
bump
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pns27
05-13 05:49 PM
Why cant you guys understand, we have no right to demand.
Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.
Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?
So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.
As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.
You are making up things here; Eb1->Eb2->Eb3 is correct only from education and experience for the Job point of view but not true from Quota point of view.
�The argument that Eb1 is preferred above Eb2 and BE2 is preferred over EB3 is absurd.
The regular yearly BE quota is distributed equally among all three categories, so then why they should not follow the same distribution for the overflow numbers?
Said that all BE3 applicants who are eligible should port there PD to EB2. Simple, when you know how the system works try to adapt to it.�
We don�t know the system when we filed our CGs, we just trusted out attorneys. If we have to do this CG stuff again most of us will do it differently.
Remember one more thing, one may be EB2 can still be less qualified and less experienced then an EB3 as EB criteria is for the Job not for the person.
PNS27
PD: EB3 June 2002
Lot of people , who otherwise would have qualified for Eb2 went ahead with EB3. First of all why did you you agree to it. Because, that time, that was something easy to get instead of changing it to EB2. That was the fight under your control. Not the one you are asking for.
Someone rightly said, you need one scientist,2 qualified/experience guys and 6 eb3 guys to do actual work. A right pyramid for an organisation.
But how can you miss govt. requirement. They need more PhDs. So they are asking us to do more study, earn more higher advanced degrees because thats what they need. Not our so called BE/Btech degree. In another 4-5 years, I wont be surprised, if only guys with masters will be only allowed to apply, if they find equal number of master graduates. Who cares for ordinary graduates. EB3 min qual will be raised to Masters with 5 years experience. What will be your say then ?
So look ahead and act accordingly. Make sure you can anticpate their moves. Its not a rocket science. 6-7 years back, there wasnt much application for EB category. But looking at the last year number, I wont be suprised, if they decide to raise the criteria bar. Simple, and all backlogs will be over. The reason they are not doing this because they still need eb3/eb2. But not in quantity, you would like them to but rather what they would like to have.
As far as country uota is concerned, everyone knows China and India, over populous contry. You increase the number to a million, and that would also fall short. But then they do not want so many people from a single country, as it will have a lot of political ramification in the future.
You are making up things here; Eb1->Eb2->Eb3 is correct only from education and experience for the Job point of view but not true from Quota point of view.
�The argument that Eb1 is preferred above Eb2 and BE2 is preferred over EB3 is absurd.
The regular yearly BE quota is distributed equally among all three categories, so then why they should not follow the same distribution for the overflow numbers?
Said that all BE3 applicants who are eligible should port there PD to EB2. Simple, when you know how the system works try to adapt to it.�
We don�t know the system when we filed our CGs, we just trusted out attorneys. If we have to do this CG stuff again most of us will do it differently.
Remember one more thing, one may be EB2 can still be less qualified and less experienced then an EB3 as EB criteria is for the Job not for the person.
PNS27
PD: EB3 June 2002
more...
pitha
07-20 04:42 PM
there are class war democrats, what do you expect out of them. People who think democrats are good for immigrants this should be an eye opener. ofcourse if you were earning 5.15$ an hour and cleaning the democrats toilets and tending there front yards then they would have shown "compassion" to you. you earn way too much to get democrats compassion.
I can't believe both California senators voted against it.....
You too Hillary Clinton????
I can't believe both California senators voted against it.....
You too Hillary Clinton????
qasleuth
05-02 02:56 PM
What is this OBC battle you are talking about?
It has nothing to do with immigration but a bane of India.
It has nothing to do with immigration but a bane of India.
more...
genscn
08-22 03:57 PM
will USCIS only issue EAD after I-140 gets approved in case where I-140 is pending during I-485 filing?
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arsh007
07-21 12:33 PM
Why don't you start a similar forum for "going back to India" ? I hate to burst your "bubble of hope" but Canadian population and job market is limited and the opportunities for professionals like us are limited. Why not consider going back to India and taking up some of the lucrative opportunities in middle management in the IT industry.
The Indian economy is booming and the salaries are excellent. You just need to make some adjustments with quality of life (pollution, traffic). Atleast its better than going to Canada, living in limbo while looking for suitable jobs for a long-time, sometimes even doing odd jobs just to make ends meet. I hate our Indian mentality that "every place in the world is better than our own country". Give me a break guys.
My plan of action is very clear: Go back to India and live there happily. If there are other opportunities in US then come back.
Cheers.
The Indian economy is booming and the salaries are excellent. You just need to make some adjustments with quality of life (pollution, traffic). Atleast its better than going to Canada, living in limbo while looking for suitable jobs for a long-time, sometimes even doing odd jobs just to make ends meet. I hate our Indian mentality that "every place in the world is better than our own country". Give me a break guys.
My plan of action is very clear: Go back to India and live there happily. If there are other opportunities in US then come back.
Cheers.
more...
sri1309
03-17 06:42 PM
IP is banned?
I am sure he has heard of IP hiding techniques. If I were banned based on my IP, and I consistently want to post dividing threads on IV, would I not use a hidemyip plugin or post thru one of the hide my IP websites?
there has to be a different reason of banning him.
Dont give him ideas. I wouldnt ban based on IP as I know many guys from same company can be members of IV. We dont want to ban all of them.
Second, I would not ban him, instead make him part of us for a collective action. He seems to have a big group and they are planning to do somethings in which we have interests too. If his agenda if fully like those of IV or mine in my thread, then its not a bad idea to do something rather than waiting for a shubh ding for EB3 to become current or move drastically. I see no hope unless we raise our voice together.
I am sure he has heard of IP hiding techniques. If I were banned based on my IP, and I consistently want to post dividing threads on IV, would I not use a hidemyip plugin or post thru one of the hide my IP websites?
there has to be a different reason of banning him.
Dont give him ideas. I wouldnt ban based on IP as I know many guys from same company can be members of IV. We dont want to ban all of them.
Second, I would not ban him, instead make him part of us for a collective action. He seems to have a big group and they are planning to do somethings in which we have interests too. If his agenda if fully like those of IV or mine in my thread, then its not a bad idea to do something rather than waiting for a shubh ding for EB3 to become current or move drastically. I see no hope unless we raise our voice together.
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royus77
06-28 03:38 PM
Assuming that I got my EAD, and then my I-140 got denied for whatever reason.
What happen next? Will i be out of status? do i have to leave the country? if i'm F-1 student will i be back on F-1?
thanks
Yes.You will be out of status unless you moved into a different visa like H1B /H4 (if you time left on them and able to get in the quota) .
What happen next? Will i be out of status? do i have to leave the country? if i'm F-1 student will i be back on F-1?
thanks
Yes.You will be out of status unless you moved into a different visa like H1B /H4 (if you time left on them and able to get in the quota) .
more...
willgetgc2005
05-11 01:08 PM
Exactly yebo123.
That is what employers want. To hold you till you have no more juice left.
When in your prime you have given all you got for 5-8 years who cares about you after that, not the employers not the system.
It is all part of the plan. When u are on H1, you have to be 200% productive. That benefits the economy. All and sundry here know the game. So they like you to be the way you are for a long long time.
Contribute to Social security with no benefits, pay taxes, buy cars
etc and boost the economy.
After 5-8 years if you still have the energy left to wait, then sure, you stand a chance after perhaps everyone else gets a GC.
"Good morning, Rhodene & Stockton. How may i help you?"
...
"Yes sir, we do trade in the futures market"
...
"Certainly sir, what would you like to put up?"
...
"So you would like to bet your family's future? No problem"
...
"Non-resident alien, 5yrs H1B... ok"
...
"EB-3? Oh, well, yeah ummm. That complicates things a little. Let me check with my supervisor"
...
...
"Hello sir? You see, the problem is your official odds are sitting at 1:12000. We are not authorized to trade at those levels. However, if you will include your pets' future in the deal we can offer you 1:3 odds."
...
"Don't get upset it is a very reasonable offer. How about if I include a jam donut?"
...
"Great. I will have the paperwork out for your signature in the morning. Have a nice day"
That is what employers want. To hold you till you have no more juice left.
When in your prime you have given all you got for 5-8 years who cares about you after that, not the employers not the system.
It is all part of the plan. When u are on H1, you have to be 200% productive. That benefits the economy. All and sundry here know the game. So they like you to be the way you are for a long long time.
Contribute to Social security with no benefits, pay taxes, buy cars
etc and boost the economy.
After 5-8 years if you still have the energy left to wait, then sure, you stand a chance after perhaps everyone else gets a GC.
"Good morning, Rhodene & Stockton. How may i help you?"
...
"Yes sir, we do trade in the futures market"
...
"Certainly sir, what would you like to put up?"
...
"So you would like to bet your family's future? No problem"
...
"Non-resident alien, 5yrs H1B... ok"
...
"EB-3? Oh, well, yeah ummm. That complicates things a little. Let me check with my supervisor"
...
...
"Hello sir? You see, the problem is your official odds are sitting at 1:12000. We are not authorized to trade at those levels. However, if you will include your pets' future in the deal we can offer you 1:3 odds."
...
"Don't get upset it is a very reasonable offer. How about if I include a jam donut?"
...
"Great. I will have the paperwork out for your signature in the morning. Have a nice day"
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vinodmp
02-06 03:07 PM
I am looking for help in wrongful I485 denial of 485 with AC21 .
below is my situation .
Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007
Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.
Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.
Company C ( Full time )
joined Date: 12/14/2009
Used EAD .
I140 LUD: 1/29/2010
I485 denial email : 25/2010
Thanks
-vinod
below is my situation .
Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007
Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.
Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.
Company C ( Full time )
joined Date: 12/14/2009
Used EAD .
I140 LUD: 1/29/2010
I485 denial email : 25/2010
Thanks
-vinod
more...
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hsbaluja
12-07 11:28 AM
Hey Guys,
When I check case status online for my 765 Application, it is showing
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Approval notice sent.
On November 21, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I haven't yet received EAD. How long it usualy take to get EAD after this status. Any Idea??
When I check case status online for my 765 Application, it is showing
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Approval notice sent.
On November 21, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I haven't yet received EAD. How long it usualy take to get EAD after this status. Any Idea??
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GoGreen
12-17 11:45 AM
I have sold some items in eBay in the past, If I rememver correctly, when I sold something for $10 and the buyer made a paypal payment, paypal took $1.5 as fees.
So if you are making $20, only $17 goes to IV, IF the amount is >=50 I believe the fees is much lesser (like 5%) so more money goes to IV instead of making paypal rich.
So if you are making $20, only $17 goes to IV, IF the amount is >=50 I believe the fees is much lesser (like 5%) so more money goes to IV instead of making paypal rich.
more...
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gveerab
09-12 02:14 AM
I have been in USA from 2000 and have been waiting for GC from 2004. Finally last year decided to buy and bought one. When I bought my house my kid was in 3rd grade, decided not to compromise on his education and bought a house in good school district.
All depends on personal situation. I am not considering house as an investment, just a place to live.
:)
exactly my thought... you almost stole words from my mind :-)
if i have to return to my country because of the immigration bs, it's this country's loss and the lender's loss - not mine. I did everything that I could... like an ideal citizen would do... and after all that if they want to kick me out, well then goodbye.
Also one thought (on an unrelated note, sorry!) - I see a lot of people on the forum posting about how they finally got their GC's after 10, 12, 15 years. I am really happy for them. Having said that, its not a matter a pride that people have to wait for so long to get GC. In fact it's a matter of shame! And by the way before anyone pounces on me, I take care of all action items that IV recommends :-) I am just saying that I feel bad when people have to wait for 10-15 years for their GC. My opinion is (coming back to our discussion) - I base none of my decisions on my GC process. I bought a house, decided to take a student loan to go back to school, changed my job and hopefully if all goes well, may even take a promotion pretty soon. GC my kiss my you know what. The process will go on on the side, but it won't affect my life in anyway.
Bottom line - whateva whateva, I do what I want! (for any South Park fans here)... haha..
Sorry about blabbering! Chao!
All depends on personal situation. I am not considering house as an investment, just a place to live.
:)
exactly my thought... you almost stole words from my mind :-)
if i have to return to my country because of the immigration bs, it's this country's loss and the lender's loss - not mine. I did everything that I could... like an ideal citizen would do... and after all that if they want to kick me out, well then goodbye.
Also one thought (on an unrelated note, sorry!) - I see a lot of people on the forum posting about how they finally got their GC's after 10, 12, 15 years. I am really happy for them. Having said that, its not a matter a pride that people have to wait for so long to get GC. In fact it's a matter of shame! And by the way before anyone pounces on me, I take care of all action items that IV recommends :-) I am just saying that I feel bad when people have to wait for 10-15 years for their GC. My opinion is (coming back to our discussion) - I base none of my decisions on my GC process. I bought a house, decided to take a student loan to go back to school, changed my job and hopefully if all goes well, may even take a promotion pretty soon. GC my kiss my you know what. The process will go on on the side, but it won't affect my life in anyway.
Bottom line - whateva whateva, I do what I want! (for any South Park fans here)... haha..
Sorry about blabbering! Chao!
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mrajatish
05-12 09:38 AM
You just hit the nail hard on its head -
1. yes, our employers pay big bucks to keep us employed and guess what, that will pay for the USCIS work force to legalize the undocumented workers. Isn't it good to have 300,000 people paying 2000 dollars each every year to extend H1 - such a nice revenue stream, and a great business idea. Guess how many Ameican jobs it creates?
2. Oh btw, you keep paying SSN and Medicare like other educated workers and then if you are unlucky which a sizeable percentage is, you do not get a dime back. I hear a lot of SS going bankrupt etc., but hey, even in the worst case scenario, they talk about reducing SS, not abandoning it. So, you subsidize the older Americans but no one susidizes you when you are old.
I think some politicians actually like our problem, we will always do things legally and it is easy to screw us as we are documented - they know who we are. Some employers (not all) like it because it i a great way to tether someone for eternity in a particular job. It is a win-win situation for these politicians and employers.
But then there are other politicians who think of the long terms effects of taking advantage of legal immigrants, and they try to help our cause. And other employers who get scared that the best ad brightest will realize they have better opportunities else where and leave.
Let us see which camp wins.
1. yes, our employers pay big bucks to keep us employed and guess what, that will pay for the USCIS work force to legalize the undocumented workers. Isn't it good to have 300,000 people paying 2000 dollars each every year to extend H1 - such a nice revenue stream, and a great business idea. Guess how many Ameican jobs it creates?
2. Oh btw, you keep paying SSN and Medicare like other educated workers and then if you are unlucky which a sizeable percentage is, you do not get a dime back. I hear a lot of SS going bankrupt etc., but hey, even in the worst case scenario, they talk about reducing SS, not abandoning it. So, you subsidize the older Americans but no one susidizes you when you are old.
I think some politicians actually like our problem, we will always do things legally and it is easy to screw us as we are documented - they know who we are. Some employers (not all) like it because it i a great way to tether someone for eternity in a particular job. It is a win-win situation for these politicians and employers.
But then there are other politicians who think of the long terms effects of taking advantage of legal immigrants, and they try to help our cause. And other employers who get scared that the best ad brightest will realize they have better opportunities else where and leave.
Let us see which camp wins.
more...
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gc101
07-18 09:39 AM
Hi,
Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.
But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.
We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.
1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?
2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?
3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?
Please remember, she DOES carry H1-B on her own.
Thank you,
gc101.
Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.
But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.
We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.
1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?
2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?
3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?
Please remember, she DOES carry H1-B on her own.
Thank you,
gc101.
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qasleuth
05-07 01:03 PM
Get a sense of humor, dude ;)
here's one suggestion for you dude, display the same sense of humor at your place of work (crack a joke about Africa/Africans and how we all came from them) and come back and tell us if you still have a job....and then tell us which region you are from and then somebody will display their sense of humor by giving you a regional slur....
here's one suggestion for you dude, display the same sense of humor at your place of work (crack a joke about Africa/Africans and how we all came from them) and come back and tell us if you still have a job....and then tell us which region you are from and then somebody will display their sense of humor by giving you a regional slur....
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chanduv23
03-09 11:30 AM
Visa Bulletin For April 2011 (http://travel.state.gov/visa/bulletin/bulletin_5368.html)
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01MAY04 01MAY04 01MAY04 15FEB93 01APR95
F2A 01APR07 01APR07 01APR07 01JUL06 01APR07
F2B 15APR03 15APR03 15APR03 15JUL92 01DEC99
F3 15MAR01 15MAR01 15MAR01 08NOV92 01JAN92
F4 01FEB00 01JAN00 01FEB00 01FEB96 08MAR88
*NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 22JUL06 08MAY06 C C
3rd 22JUL05 01MAR04 08APR02 08MAY04 22JUL05
Other Workers 22JUL03 22APR03 08APR02 22JUL03 22JUL03
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employment Areas/ Regional Centers C C C C C
5th Pilot Programs C C C C C
The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2011 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For April, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 35,450 Except: Egypt 27,600
Ethiopia 22,150
Nigeria 14,100
ASIA 19,250 Except:Bangladesh 18,350
EUROPE 23,200
NORTH AMERICA (BAHAMAS) 8
OCEANIA 1,000
SOUTH AMERICA, and the CARIBBEAN 1,075
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
CUT-OFFS WHICH WILL APPLY IN MAY
For May, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 42,000
Except: Egypt 31,200
Ethiopia 26,200
Nigeria 15,450
ASIA 23,500
EUROPE 27,800
NORTH AMERICA (BAHAMAS) 12
OCEANIA 1,175
SOUTH AMERICA, and the CARIBBEAN 1,150
D. RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES
Continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April.
Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.
Not much good news for EB2 and EB3 India. I hope folks realize and do the lobby day seriously.
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01MAY04 01MAY04 01MAY04 15FEB93 01APR95
F2A 01APR07 01APR07 01APR07 01JUL06 01APR07
F2B 15APR03 15APR03 15APR03 15JUL92 01DEC99
F3 15MAR01 15MAR01 15MAR01 08NOV92 01JAN92
F4 01FEB00 01JAN00 01FEB00 01FEB96 08MAR88
*NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 22JUL06 08MAY06 C C
3rd 22JUL05 01MAR04 08APR02 08MAY04 22JUL05
Other Workers 22JUL03 22APR03 08APR02 22JUL03 22JUL03
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employment Areas/ Regional Centers C C C C C
5th Pilot Programs C C C C C
The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2011 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For April, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 35,450 Except: Egypt 27,600
Ethiopia 22,150
Nigeria 14,100
ASIA 19,250 Except:Bangladesh 18,350
EUROPE 23,200
NORTH AMERICA (BAHAMAS) 8
OCEANIA 1,000
SOUTH AMERICA, and the CARIBBEAN 1,075
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
CUT-OFFS WHICH WILL APPLY IN MAY
For May, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 42,000
Except: Egypt 31,200
Ethiopia 26,200
Nigeria 15,450
ASIA 23,500
EUROPE 27,800
NORTH AMERICA (BAHAMAS) 12
OCEANIA 1,175
SOUTH AMERICA, and the CARIBBEAN 1,150
D. RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES
Continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April.
Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.
Not much good news for EB2 and EB3 India. I hope folks realize and do the lobby day seriously.
invincibleasian
03-27 02:01 PM
My request is 82K something in a queue of 89k. Applied in the 1st week of Jan2007. Que status as of MAR 2nd 2007!!
lacrossegc
01-14 01:34 PM
It appears form the wording in the text that, anyone who has maintained a continuous stay for at least 5 years preceding and up to the date of enactment of this bill, gets to apply for AOS and be granted permanent residence.
so with respect to EB folks, this provides GC aspirants (with 5 year stay) an immediate relief. The total quota numbers are not modified. Everything stays as is. This appears to be a one time relief to free up the choke in the system (at least for EB).
thanks,
slowwin
I wonder how it would work for existing AOS applicants. The existing applicants have already applied under the INA c9 subsections. The text of the current bill states that the applicant needs to apply under this bill's section to adjust status, similar to 245i. Now if this means reapplying under this section, that would mean another flood of applicants. Obviously with such a deluge, you wouldnt need a quota, the CIS system itself will take years to sort out the applicants.
so with respect to EB folks, this provides GC aspirants (with 5 year stay) an immediate relief. The total quota numbers are not modified. Everything stays as is. This appears to be a one time relief to free up the choke in the system (at least for EB).
thanks,
slowwin
I wonder how it would work for existing AOS applicants. The existing applicants have already applied under the INA c9 subsections. The text of the current bill states that the applicant needs to apply under this bill's section to adjust status, similar to 245i. Now if this means reapplying under this section, that would mean another flood of applicants. Obviously with such a deluge, you wouldnt need a quota, the CIS system itself will take years to sort out the applicants.
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