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dvb123
07-11-2008, 04:13 AM
Year EB Green Cards

2000 106,642
2001 178,702
2002 173,814
2003 81,727
2004 155,330
2005 246,877
---------------
Total: 943092

Since the Green cards in 2000 and 2003 are less than 140,000 Annual limit they will be rolled over to next year (Same like cell phone roll over minutes).

Total - 2000 Rollover(33358) - 2003 Rollover (58273) = 851,461

The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a“pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, andallowed those recaptured numbers to be used by the oversubscribed countries, and

Total Green Cards (Immigrant Visa numbers) allotted under law for these six years from 2000 - 2005 = 140,000 * 6 + 131,000 = 971,000

So Green Cards Unused : 971,000 - 851,461 = 119,539

dvb123
07-11-2008, 04:13 AM
Since the Green cards in 2000 and 2003 are less than 140,000 Annual limit they will be rolled over to next year (Same like cell phone roll over minutes).

Total - 2000 Rollover(33358) - 2003 Rollover (58273) = 851,461

The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a“pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, andallowed those recaptured numbers to be used by the oversubscribed countries, and

Total Green Cards (Immigrant Visa numbers) allotted under law for these six years from 2000 - 2005 = 140,000 * 6 + 131,000 = 971,000

So Green Cards Unused : 971,000 - 851,461 = 119,539

Argument

The 131,000 pool of Green cards were used for oversubscribed countries i.e. India, China, Philippines and Mexico and do not count from the 140,000 General Pool

Counter Argument

The leftover Immigrant Visa numbers from 140,000 pool automatically come to the oversubscribed countries in the last calendar quarter. So the reserver pool of 131,000 quota should be used later.



The AC21 reserve pool of 131,000 numbers can be still used by us if we can prove that all of 131,000 numbers are not used. Maybe we can pursuade for an administrative fix instead of a lawsuit.



Note: Analysts, Engineers, Auditors etc of IV pls do not fight over my analysis or data. I hold a stressful day job too and this is just my hobby work. Add something if I miss anything.

dvb123
07-11-2008, 04:14 AM
Additional Research

http://immigrationvoice.org/forum/archive/index.php/t-78.html

http://www.immigrationportal.com/archive/index.php/t-173307.html


Trivial Info - India EB GC

2002 India: 42,885
2003 India: 20,560
2004 India: 38,443
2005 India: 47,706
2006 India: 17,169
2007 India: 28,703

USCIS is not god and can make mistakes. The KPMG audit of h1 is one example

http://www.shusterman.com/h1b-ins300.html


"Let us not fight over diversity but about distribution of immigrant visas"

meridiani.planum
07-11-2008, 04:45 AM
Year EB Green Cards

2000 106,642
2001 178,702
2002 173,814
2003 81,727
2004 155,330
2005 246,877
---------------
Total: 943092

Since the Green cards in 2000 and 2003 are less than 140,000 Annual limit they will be rolled over to next year (Same like cell phone roll over minutes).

Total - 2000 Rollover(33358) - 2003 Rollover (58273) = 851,461

The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a“pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, andallowed those recaptured numbers to be used by the oversubscribed countries, and

Total Green Cards (Immigrant Visa numbers) allotted under law for these six years from 2000 - 2005 = 140,000 * 6 + 131,000 = 971,000

So Green Cards Unused : 971,000 - 851,461 = 119,539

unused greencards can only be recaptured by an act of congress. There is no legal requirement there that USCIS has not followed that could be corrected with a lawsuit. USCIS laziness wasted tens of thousands of those visas each year by their inefficiency, but recapture is apparently not in their hands, the law needs to be changed for that.

dvb123
07-11-2008, 05:02 AM
Recapture is not possible because the law limits 140,000 visas a year. However we can fight for the AC21 131,000 reserve pool because it is not limited to a single year.