bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
wallpaper vestidos de novia sencillos. gustan sencillos sin colas
GCA
05-15 01:39 PM
That was a great post from "snathan" and a very touching one as well. Thanks dude.
I see few comments saying otherwise and even pushing "snathan" to pull back his original post. But the way I see it, "snathan" never adviced or forced it on anyone. There are always good and bad things everywhere and upto the matured minds to see what to take and what not to. But to deprive someone of that piece of advice or information or a story for that matter, is what I would term it bad.
Well, if this arrived too late for someones current relation, it should definitely help the next one. After all life doesn't end until the last breath.
Also thanks to Mbhai too. Though meant to criticize, still had the "snathan" posting in quotes. Otherwise many like me wouldn't have had the chance to read his post. Again I am not saying Mbhai and rest others who criticized did anything wrong. They again free to share there opinion but could have avoided pointing directly to someone ( no harm ). All here are matured enought to see whats good/bad and what to take/not.
No harm intended against anyone in this post. Take it all easy guys.
I see few comments saying otherwise and even pushing "snathan" to pull back his original post. But the way I see it, "snathan" never adviced or forced it on anyone. There are always good and bad things everywhere and upto the matured minds to see what to take and what not to. But to deprive someone of that piece of advice or information or a story for that matter, is what I would term it bad.
Well, if this arrived too late for someones current relation, it should definitely help the next one. After all life doesn't end until the last breath.
Also thanks to Mbhai too. Though meant to criticize, still had the "snathan" posting in quotes. Otherwise many like me wouldn't have had the chance to read his post. Again I am not saying Mbhai and rest others who criticized did anything wrong. They again free to share there opinion but could have avoided pointing directly to someone ( no harm ). All here are matured enought to see whats good/bad and what to take/not.
No harm intended against anyone in this post. Take it all easy guys.
software7
05-13 11:38 AM
Raj,
Every state has 2 senators. just google to find senators on your state
go to their websites and their contact details will be ther. You can email or call them.
Good Luck!!
Every state has 2 senators. just google to find senators on your state
go to their websites and their contact details will be ther. You can email or call them.
Good Luck!!
2011 Una novia romántica, es una
WeShallOvercome
06-17 07:28 PM
LC applied : Dec'2003
Approved : July' 2006
I-485 RD : July' 2007
I-485 AD : Nov'2007
- How has greencard changed your life after receiving it?
A cautious sense of freedom. Suddenly a lot more opportunities opened up and more employers started to show interest. My Desi employer is suddenly on the receiving end and I dictate the terms. Yes, Still workiing with them after 6 months, but that was my own decision to stick with them. Leaving them next month for a 50% raise in salary :)
- What did you do on the day you received it?
I got up at 7:00 that morning of Dec 3rd, (starting dec 3rd my date was not current anymore) , still half asleep, checked my email and got the shock of my life --"Welcome notice sent..." checked it multiple times then woke up my wife and almost dragged her to the computer and made her read the emails with half closed eyes... Our town recieved record rainfall that day and all streets got flooded, so no work :) Went to a Thai place for dinner that night with another family who are very close friend of ours.
-How did the long wait upset your life?
The feeling of uncertanity was terrible. Had to deal with the employer on a daily basis. They sat on my paperwork for 6 weeks, made me sign a million agreements and still did not file my case in June even though my date was current. I was devastated on the morning of July 2nd and rest is very well known to everyone here.
-How did immigrationvoice help you during this long wait?
What can I say? IV took me from what I mentioned in my last point to where I am right now - Waiting for my paycheck with 50% more and above that without any doubts about it coming :)
- Would you like to continue your support to immigration voice and help others waiting?
YES - Or I wouldn' be here 6 months after gettting my GC. Sent another contribution of $50 today.(Paypal Transaction ID #23M509897Y2455252)
- Any advice for everyone?
Have faith in yourself and God. and remember whatever happens , happens for the best.. Even We agree that the GC came at the right time for us. My wife got to spend 100% of her time with our daughter until she was ready to go to a pre-school. And we got a very good friend during the DC rally.. Hello EB3Retro ! :)
Approved : July' 2006
I-485 RD : July' 2007
I-485 AD : Nov'2007
- How has greencard changed your life after receiving it?
A cautious sense of freedom. Suddenly a lot more opportunities opened up and more employers started to show interest. My Desi employer is suddenly on the receiving end and I dictate the terms. Yes, Still workiing with them after 6 months, but that was my own decision to stick with them. Leaving them next month for a 50% raise in salary :)
- What did you do on the day you received it?
I got up at 7:00 that morning of Dec 3rd, (starting dec 3rd my date was not current anymore) , still half asleep, checked my email and got the shock of my life --"Welcome notice sent..." checked it multiple times then woke up my wife and almost dragged her to the computer and made her read the emails with half closed eyes... Our town recieved record rainfall that day and all streets got flooded, so no work :) Went to a Thai place for dinner that night with another family who are very close friend of ours.
-How did the long wait upset your life?
The feeling of uncertanity was terrible. Had to deal with the employer on a daily basis. They sat on my paperwork for 6 weeks, made me sign a million agreements and still did not file my case in June even though my date was current. I was devastated on the morning of July 2nd and rest is very well known to everyone here.
-How did immigrationvoice help you during this long wait?
What can I say? IV took me from what I mentioned in my last point to where I am right now - Waiting for my paycheck with 50% more and above that without any doubts about it coming :)
- Would you like to continue your support to immigration voice and help others waiting?
YES - Or I wouldn' be here 6 months after gettting my GC. Sent another contribution of $50 today.(Paypal Transaction ID #23M509897Y2455252)
- Any advice for everyone?
Have faith in yourself and God. and remember whatever happens , happens for the best.. Even We agree that the GC came at the right time for us. My wife got to spend 100% of her time with our daughter until she was ready to go to a pre-school. And we got a very good friend during the DC rally.. Hello EB3Retro ! :)
more...
crystal
07-08 01:24 PM
Gnadhigiri on http://www.immigration-law.com/
FinalGC
05-15 04:23 PM
The Bill says "in a field of science"......which also includes MBA.......
science is "a branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws" OR
"a particular branch of knowledge." for more definitions check dictionary.com
science is "a branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws" OR
"a particular branch of knowledge." for more definitions check dictionary.com
more...
jonty_11
07-31 10:51 AM
it doesnt mean anything....u will see receipts from yesterday and today also..please see other threads on decoding the lin/src numbers
in the end it depends on when ur application was opened and entered into the system.
can someone point me to a thread discussing decoding LIN #?
in the end it depends on when ur application was opened and entered into the system.
can someone point me to a thread discussing decoding LIN #?
2010 girlfriend vestidos de novia
raj2007
02-17 11:00 PM
thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.
Thanks everybody we need your support to come out of this situation.
Sorry to say but it seems a tough call. I will not pin my false hopes on this.
I feel Eb2 will move very fast by Oct. than any possible change in law.
Thanks everybody we need your support to come out of this situation.
Sorry to say but it seems a tough call. I will not pin my false hopes on this.
I feel Eb2 will move very fast by Oct. than any possible change in law.
more...
chumki
12-17 07:46 PM
I know the RD (which is printed in our paper receipt - ie day when USCIS received your application, and not the date when USCIS mailed your the receipt) is when the 180 day clock gets started.
hair Modelo de vestido de novia con
snathan
06-17 09:31 PM
Below are some links for those who are looking for visa stamping related 'disaster' stories.... I think this is a lost cause since the DOS/DHS really does not care...justice and fairness is probably not in their dictionary.
http://immigrationvoice.org/forum/showthread.php?t=18760
http://immigrationvoice.org/forum/showthread.php?t=19066
http://immigrationvoice.org/forum/showthread.php?p=270800#post270800
http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=4724019812&m=772108581&p=57
http://www.facebook.com/group.php?gid=50933335266
http://spreadsheets.google.com/pub?key=pd-XmqrjF_Zob58NgG0GjWg&output=html
If possible contact those affected members and spread this news. We can draft a letter along with their stories and send it to all media and congressmen, DOS officials.
http://immigrationvoice.org/forum/showthread.php?t=18760
http://immigrationvoice.org/forum/showthread.php?t=19066
http://immigrationvoice.org/forum/showthread.php?p=270800#post270800
http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=4724019812&m=772108581&p=57
http://www.facebook.com/group.php?gid=50933335266
http://spreadsheets.google.com/pub?key=pd-XmqrjF_Zob58NgG0GjWg&output=html
If possible contact those affected members and spread this news. We can draft a letter along with their stories and send it to all media and congressmen, DOS officials.
more...
perm2gc
12-29 07:28 PM
Hello all...
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
hot Vestidos de novia
shana04
02-13 11:26 AM
HI SHANA,
Do we need to have labour approval notice to see the job title and job code and salary.. can you please email me the details to : gadde.rao@gmail.com
if not can you give your email and phone#.
iam also in the process of invoking ac-21 using h1b transfer..
i would appreciate your help.. Does the job title, job description and salary need to be same for ac-21?
All I have used is the same job title and salary specified in the new offer letter. did not specify the job duties.
Do we need to have labour approval notice to see the job title and job code and salary.. can you please email me the details to : gadde.rao@gmail.com
if not can you give your email and phone#.
iam also in the process of invoking ac-21 using h1b transfer..
i would appreciate your help.. Does the job title, job description and salary need to be same for ac-21?
All I have used is the same job title and salary specified in the new offer letter. did not specify the job duties.
more...
house Vestidos de comunion sencillos
singhsa3
01-05 09:43 PM
Especially after when you have kids. You are booted out of your bed and the kids take your place.
Believe it or not I got so sick of sleeples nights (my 18 months old kid virtually rotates like a clock on bed all night long) that I had to buy a twin size sofa bed and place it next to our King Size bed. These days I am sleeping on that bed.
this confirms that you are not married.
I am, and as every married male knows, you sleep alone. Does not matter how many wives you have. Its something to do with the transformation that occurs in them as they go from girlfriend 1.0 to Wife 1.0.
Believe it or not I got so sick of sleeples nights (my 18 months old kid virtually rotates like a clock on bed all night long) that I had to buy a twin size sofa bed and place it next to our King Size bed. These days I am sleeping on that bed.
this confirms that you are not married.
I am, and as every married male knows, you sleep alone. Does not matter how many wives you have. Its something to do with the transformation that occurs in them as they go from girlfriend 1.0 to Wife 1.0.
tattoo Vestidos de Novia: Devota
pkak
11-21 11:15 AM
If buying a house had been the smart option, I would have bought it already.
Please see the attached XLS.
BTW, independent analysts predict that housing prices will fall by 20% in real terms in next 10 years.
All I am stating is that this issue can be a good talking point for the Immigration Lobby, especially as the housing market continues its slide down:)
Since I could not upload the attachment, pasting the summary sheet.
Note: I am still assuming that price of house will slightly appreciate for this calculation.
ITEMS Amount
House Information
Buy Price of the house $300,000
Property Tax (Yearly) 7000
Additional utility and other costs 200
Loan Information
Down Payment 5%
Mortgage cost (one time) 5500
Rate 6.20%
Fixed Term (In years) 30
Monthly Mortgage Payment $1,745.54
House Insurance Premiums
Home Owners insurance (Monthly) 100
PMI (Monthly) 185
TOTAL MONTHLY PAYMENT $2,814.12
Assumptions
Tax rate 30%
Standard Deduction $10,500
Annual Property Appreciation/Depreciation rate 4.0%
Value addition expected cost $0.00
Value addition expected Benefit $0.00
Number of months expected to stay 60
House value at the end of stay period $366,299
Sale of property transaction
Selling Realtor Commission 6%
Selling Cost $21,978
Real estate transfer Cost $1,500
Net gain/loss on the property $37,321
Down Payment opportunity cost
Cash rate 4.0%
Amount lost $3,315
Current Rental Info
Current Rent $1,000.00
Total rent over the period of stay $60,000.00
Cash outflow net of principal and after tax benefits $104,189
Standard Deduction Adjustment $15,750
Results (Gain/Loss) $(25,933.34)
Please see the attached XLS.
BTW, independent analysts predict that housing prices will fall by 20% in real terms in next 10 years.
All I am stating is that this issue can be a good talking point for the Immigration Lobby, especially as the housing market continues its slide down:)
Since I could not upload the attachment, pasting the summary sheet.
Note: I am still assuming that price of house will slightly appreciate for this calculation.
ITEMS Amount
House Information
Buy Price of the house $300,000
Property Tax (Yearly) 7000
Additional utility and other costs 200
Loan Information
Down Payment 5%
Mortgage cost (one time) 5500
Rate 6.20%
Fixed Term (In years) 30
Monthly Mortgage Payment $1,745.54
House Insurance Premiums
Home Owners insurance (Monthly) 100
PMI (Monthly) 185
TOTAL MONTHLY PAYMENT $2,814.12
Assumptions
Tax rate 30%
Standard Deduction $10,500
Annual Property Appreciation/Depreciation rate 4.0%
Value addition expected cost $0.00
Value addition expected Benefit $0.00
Number of months expected to stay 60
House value at the end of stay period $366,299
Sale of property transaction
Selling Realtor Commission 6%
Selling Cost $21,978
Real estate transfer Cost $1,500
Net gain/loss on the property $37,321
Down Payment opportunity cost
Cash rate 4.0%
Amount lost $3,315
Current Rental Info
Current Rent $1,000.00
Total rent over the period of stay $60,000.00
Cash outflow net of principal and after tax benefits $104,189
Standard Deduction Adjustment $15,750
Results (Gain/Loss) $(25,933.34)
more...
pictures Vestidos de novia con encaje
aray
04-02 12:41 PM
Sent Fax # 10 & 11.
dresses BODAS
Siboo
07-27 04:22 PM
Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!
Guys....please say....well said (pat on my own back)
Well Said Kumar, Keep it up :mad: :mad:
Guys....please say....well said (pat on my own back)
Well Said Kumar, Keep it up :mad: :mad:
more...
makeup Vestidos novia Higar novia
RandyK
02-21 03:34 PM
Any ideas about EB3 ROW movement in the coming months?
I know you have connections in high places....
:D:D
I know you have connections in high places....
:D:D
girlfriend En vestidos cortos tiene
Sheila Danzig
12-04 10:49 AM
EB2 cannot combine education or work experience. It must show a single source degree.
Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"
This can be done for EB3 IF it was stated on the labor certificate.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"
This can be done for EB3 IF it was stated on the labor certificate.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
hairstyles vestido de novias para una
longq
12-20 03:41 PM
Hello IV and its core members,
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
bidhanc
03-21 03:11 PM
I spoke to a staff at Michael R. McNulty's office.
He comes to Albany on weekends only.
Rest of the time (5 days a week) he is in Washington.
We can meet staff members any time betwenn 9 to 5 (no appointment required).
Spoke to staff member at Schumer's office.
He is not available for a meeting.
Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
We can change if this is not convenient.
I am not sure if this is gonna help, as it is 2 weeks away.
Please provide feedback.
He comes to Albany on weekends only.
Rest of the time (5 days a week) he is in Washington.
We can meet staff members any time betwenn 9 to 5 (no appointment required).
Spoke to staff member at Schumer's office.
He is not available for a meeting.
Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
We can change if this is not convenient.
I am not sure if this is gonna help, as it is 2 weeks away.
Please provide feedback.
vivo
02-12 09:45 PM
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Mods - if u feel this post inappropriate you can feel free to delete
Thanks
A fellow Desi
Mods - if u feel this post inappropriate you can feel free to delete
Thanks
A fellow Desi
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