kate123
02-13 06:07 PM
Please see my comments in RED below
You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
Its not that easy to make this adjustment. If you take out this clause a person can work any where and this is more like a green card. For example a software person can even work in a gas station. I am afraid, this cannot be done as easy as you think.--- Again, I am not saying that it should not be done; all I am saying is let us keep this as a separate item
-making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
There were several request mails already sent to USCIS ombudsman about this issue. Let us not mix up again.
Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, -- This issue will come only if I change my job. If I want to be with same employer I will have flexibility of using EAD (with out the need to extend H1, Visa Stamping)
USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. -- This will come in to picture if I want to use AC21.
Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.
Also please remember that the percent of AC21 denials are compartively less when you compare with total number of people who successfully used AC21... we already have a separate compain for AC21 denials where lots of people have already sent mails CIS ombudsman.
If I am wrong please correct me.
Thanks
Kiran :)
You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
Its not that easy to make this adjustment. If you take out this clause a person can work any where and this is more like a green card. For example a software person can even work in a gas station. I am afraid, this cannot be done as easy as you think.--- Again, I am not saying that it should not be done; all I am saying is let us keep this as a separate item
-making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
There were several request mails already sent to USCIS ombudsman about this issue. Let us not mix up again.
Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, -- This issue will come only if I change my job. If I want to be with same employer I will have flexibility of using EAD (with out the need to extend H1, Visa Stamping)
USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. -- This will come in to picture if I want to use AC21.
Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.
Also please remember that the percent of AC21 denials are compartively less when you compare with total number of people who successfully used AC21... we already have a separate compain for AC21 denials where lots of people have already sent mails CIS ombudsman.
If I am wrong please correct me.
Thanks
Kiran :)
wallpaper lower back flower tattoos.
itsmesabby
06-12 03:24 PM
Hi,
Can you please tell which center did you file for your AP renewal and how much time did it took for it to be approved ?
Thanks
Can you please tell which center did you file for your AP renewal and how much time did it took for it to be approved ?
Thanks
amitjoey
05-20 12:21 PM
Thank you rayoflight for recognising members that donated.
2011 These dolls house printable
Alabaman
07-10 01:18 PM
Two high skilled immigrants fighting over details of what does not even exist� no sorry!
more...
Hinglish
03-21 02:40 PM
The more I read this form, the more I become disgruntled with this community! To say that someone from a lower class of visa and not from an "Oversubscribed country" (and I am assuming you mean India) is less skilled and less deserving than someone from a higher class and oversubscribed country is ludicrous to say the least. Each and everyone of us (and I mean "legal immigrants") have our own skill sets and contribute equally to the American society. As long as we are competent at what we do, then we are all SKILLED in our own way. The only real defining difference among the visa classes is the level of education not skill. To suggest one is better based on education alone is arrogance and nothing else!
The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians' focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.
We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!
sorry for your disgruntlement ...
It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is (doesnt mean that it is in anyway right)... and that was my point ..
The innuendos are being spread by people like yourself .... and reflects your own insecurities and frustrations.
The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians' focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.
We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!
sorry for your disgruntlement ...
It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is (doesnt mean that it is in anyway right)... and that was my point ..
The innuendos are being spread by people like yourself .... and reflects your own insecurities and frustrations.
svam77
07-19 10:44 PM
I agree 100 %. But even if the officer wants to know about out I 140, it wud be just a 1 min process for them as they can check if a recipt was generated based on the names.
If we put the copies of the fee checks, that would help even more because that means that our I 140 application was accepted.
With tracking receipts, cheque copies and a letter, I believe we would be able to establish evidence that, 140 was received by the service center.
Totally missing out on showing that I 140 is filed is no evidence at all. Showing every possible document to prove that the docment was filed, should be do the work.
Anyways since there are so many hundreds of people who filed I 140 in the recent days, I believe some alternative from USCIS wud show up in the next few days .......
If we put the copies of the fee checks, that would help even more because that means that our I 140 application was accepted.
With tracking receipts, cheque copies and a letter, I believe we would be able to establish evidence that, 140 was received by the service center.
Totally missing out on showing that I 140 is filed is no evidence at all. Showing every possible document to prove that the docment was filed, should be do the work.
Anyways since there are so many hundreds of people who filed I 140 in the recent days, I believe some alternative from USCIS wud show up in the next few days .......
more...
Totoro
05-28 06:07 PM
Do you think this applies universally or just one off?
Others have been denied. I sent this info to the lawyers to see if it makes any difference to our case.
Others have been denied. I sent this info to the lawyers to see if it makes any difference to our case.
2010 images of love hearts. images of love hearts. images of love hearts.
udaykiran82
05-17 02:14 PM
Thanks took less than 30 sec.Appreciate all the effort
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garybanz
09-20 02:07 PM
So what will be the next few steps? Following are some of our options
(1) Plan on the next Rally in SFO area
(2) Plan on the next rally in NY City
(3) Plan on simultanious rallies in several large US cities with good IV participation
(4) Do nothing, keep cursing people who did not show up
Also, who decides the next steps? Could modrators kindly respond..
Thanks
Hello guys!
I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?
I think we need another rally before the end of the year. There are 2 reasons:
1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.
2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.
Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.
So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.
(1) Plan on the next Rally in SFO area
(2) Plan on the next rally in NY City
(3) Plan on simultanious rallies in several large US cities with good IV participation
(4) Do nothing, keep cursing people who did not show up
Also, who decides the next steps? Could modrators kindly respond..
Thanks
Hello guys!
I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?
I think we need another rally before the end of the year. There are 2 reasons:
1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.
2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.
Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.
So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.
hair more.
paulan
08-03 04:51 PM
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
Hi,
I just got my H1B approved through company A with start date of 1st Oct 07.
Can a transfer the H1B to another company without working for company A?:confused:
I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
Hi,
I just got my H1B approved through company A with start date of 1st Oct 07.
Can a transfer the H1B to another company without working for company A?:confused:
I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!
more...
chanduv23
10-19 04:32 PM
Take digital cameras and cam corders - take pics and post them on IV.
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franklin
09-28 12:56 PM
franklin,
hermione has been very active in helping with battling immigration backlogs in general despite her "oh so close to green card status". she was responsible for one of our better pre rally videos as well. guess we can put it down to not tolerating the whole mess :-)
you can also find her on greg siskind's blog.
hermione: sorry for not replying, been terribly busy these last few days!
we should talk sometime though...
I understand - I took it all as a healthy debate, I certainly didn't intend to offend anyone. Its been one of the most interesting debates I've had in a while. Hermione, I sincerely apologize if any of my posts have been interpretted otherwise.
hermione has been very active in helping with battling immigration backlogs in general despite her "oh so close to green card status". she was responsible for one of our better pre rally videos as well. guess we can put it down to not tolerating the whole mess :-)
you can also find her on greg siskind's blog.
hermione: sorry for not replying, been terribly busy these last few days!
we should talk sometime though...
I understand - I took it all as a healthy debate, I certainly didn't intend to offend anyone. Its been one of the most interesting debates I've had in a while. Hermione, I sincerely apologize if any of my posts have been interpretted otherwise.
more...
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Eb3_frustrated
03-17 09:49 AM
http://thomas.loc.gov/cgi-bin/query/z?c109:S.2454:
The proposed bill does not have guest worker provisions. Hope this thing survives the senate and most importantly the House
The proposed bill does not have guest worker provisions. Hope this thing survives the senate and most importantly the House
tattoo cute animal wallpaper. cute
pappu
05-24 10:50 AM
I was in India for all one month and just logged on today to IV and added my $100 towards fund drive.
Transaction ID: 7RH748280R3158733
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966
Will do same again in June first week.
Thanks Sanjay.
Transaction ID: 7RH748280R3158733
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966
Will do same again in June first week.
Thanks Sanjay.
more...
pictures puppy dog wallpaper.
niklshah
06-23 05:32 PM
Call representative , the lady i spoke knew i was calling regarding the bills as soon as i gave my name and she said they are getting lot of calls and she told me to contact local rep also....
dresses 2010 Women Rose Flower Foot
pa_arora
07-15 07:32 PM
The DOS after consulting with attorneys and the Congress has concluded that EB visa numbers should spill over horizontally rather than vertically. Relevent legal clauses addressing this issue were posted by IV members yesterday. DOS now admits it's previous interpretation of vertical spill over (excess visas going to EB-3 ROW) was wrong. Can it be challenged or reversed?, Of course possible but very unlikely to happen in the near future in the next several months.
All said and done, I'll say vdlrao calculations with (sumagiri correction:) look credible.
Can you please post a link?
All said and done, I'll say vdlrao calculations with (sumagiri correction:) look credible.
Can you please post a link?
more...
makeup 25th wedding anniversary.
ram04
12-08 07:09 PM
Thanks to all the moral support given by Chandvu,Pd Recapturing and all others.
With all your wishes and almighty blessings today I got MTR approval and I485 into reopen status.
My earlier employer revoked I 140 in Sept 08 . Applied MTR in OCT and got MTR approval and 485 reopened notification today.
However online still not updated - may be site is still down.
Thanks again.
- Ram
With all your wishes and almighty blessings today I got MTR approval and I485 into reopen status.
My earlier employer revoked I 140 in Sept 08 . Applied MTR in OCT and got MTR approval and 485 reopened notification today.
However online still not updated - may be site is still down.
Thanks again.
- Ram
girlfriend wild animals pictures lion. Lion, one of the big Five
waiting for GC2010
08-06 07:05 PM
hello ksach,
congrats on ur approval.
I saw couple of guys posting that they are getting approval emails even though their PD is not current.
what this means, is USCIS trying to clear backlog soon?
waiting for visa bulletin.
congrats on ur approval.
I saw couple of guys posting that they are getting approval emails even though their PD is not current.
what this means, is USCIS trying to clear backlog soon?
waiting for visa bulletin.
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acecupid
07-15 06:14 PM
Here is the actual text of the visa distribution law. Also available on USCIS website.
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
Sec. 202. [8 U.S.C. 1152]
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(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) and (b) 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.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
(c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
(d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
Sec. 202. [8 U.S.C. 1152]
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(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) and (b) 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.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
(c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
(d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
eb3_nepa
03-09 11:57 AM
Guys pls lets keep these contorversial discussions out of here. Yes it is a valid point that H4s shud be allowed to work. However we cannot compare the US immigration system to the Australian one. They are 2 very different systems and the Blunt truth is, if you like the Australian system better go there :)
Let us keep the thoughts positive and constructive, instead of opening a can of worms like "racism" and "discrimination". These things are VERY hard to prove and may not even be realistic to go after.
What we Can do is, point out that L2's can work but H4's cant. In my opinion atleast, that is a fair comparision. Apples to Apples.
1) H1 and L1 can BOTH apply for GCs
2) H1 and L1 can BOTH work here in the US
3) H4's cannot work but L2's can.
This is a simpler argument coz L1's can come from any country and their spouses can still work.
Let us keep the thoughts positive and constructive, instead of opening a can of worms like "racism" and "discrimination". These things are VERY hard to prove and may not even be realistic to go after.
What we Can do is, point out that L2's can work but H4's cant. In my opinion atleast, that is a fair comparision. Apples to Apples.
1) H1 and L1 can BOTH apply for GCs
2) H1 and L1 can BOTH work here in the US
3) H4's cannot work but L2's can.
This is a simpler argument coz L1's can come from any country and their spouses can still work.
gc_mania_03
06-13 10:29 PM
I am sure we are all rejoicing and this is surely a cause to celebrate.
But, the battle is not over yet. I hope once most of the members get their 485/EAD applications rolling, they will get back on track and fight for the real objective. To obtain our green cards in time!! Dont forget the wait is NOT over yet...
I am sure we all are going to be a lot rejuvenated and continue fighting retrogression with greater zeal..
Just to set the record straight even I benefit from the visa update, but I hope we dont slow down at this juncture...
waddle along folks...
-gc_mania_03
But, the battle is not over yet. I hope once most of the members get their 485/EAD applications rolling, they will get back on track and fight for the real objective. To obtain our green cards in time!! Dont forget the wait is NOT over yet...
I am sure we all are going to be a lot rejuvenated and continue fighting retrogression with greater zeal..
Just to set the record straight even I benefit from the visa update, but I hope we dont slow down at this juncture...
waddle along folks...
-gc_mania_03
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