Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > IV Agenda and Legislative Updates
Click to log in with Facebook
IV Agenda and Legislative Updates Immigration Voice's Agenda and Legislative Updates

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 10-08-2010, 05:21 PM
Donor
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 141
sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute
Default Read the law regarding EB

i was trying to read the law governing allocation of visas.
here is what i found.

source:
http://www.uscis.gov/ilink/docView/S...-0-0-1016.html
the above link is for INA 202 .. you can click previous document link to go to INA 201 and click next document link to go to INA 203.

INA 202 (a) (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.

granted some of us might have read this before, and it may not be as simple as it reads. just wanted to see if there are any merits to discuss this further. or hire an attorney to get his/her opinion on this.
__________________
EB3
LC (pre-PERM)
filed - mar, 2005
approved - mar, 2007

140
filed at TSC in apr 2007, RD 04/23/2007, ND 04/26/2007, pending
first LUD - 08/05/2007
approved - 10/01/2007

485, EAD, AP (at TSC)
sent to TX 6/29/2007 received 7/2/2007
have copy of 485 receipt
EAD cards received on 09/15/2007
2nd EAD received 6/5/2008
soft lud - 6/25/2008

LUDs - 9/3/2007, 9/25/2007, 06/25/2008
FP#1 notice received in mail 9/10/2007
FP#1 date - 9/25/2007
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 10-08-2010, 06:00 PM
Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
02/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Jan 2007
Posts: 75
ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute ajaysri has a reputation beyond repute
Default

Hi,

how is this supposed to help us? I cannot understand. is there any thing i am missing?

-Ajaysri
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 10-09-2010, 07:59 AM
Donor
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 141
sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute
Default how is this suppose to help us.

from what i infer :
if visa numbers are available then it should go to the retrogressed country.
there are about 40,000 visas for EB3 for entire world.
and if you look at demand, other countries hardly has any. so
ultimately a lot of visas from those 40,000 should come to india.
__________________
EB3
LC (pre-PERM)
filed - mar, 2005
approved - mar, 2007

140
filed at TSC in apr 2007, RD 04/23/2007, ND 04/26/2007, pending
first LUD - 08/05/2007
approved - 10/01/2007

485, EAD, AP (at TSC)
sent to TX 6/29/2007 received 7/2/2007
have copy of 485 receipt
EAD cards received on 09/15/2007
2nd EAD received 6/5/2008
soft lud - 6/25/2008

LUDs - 9/3/2007, 9/25/2007, 06/25/2008
FP#1 notice received in mail 9/10/2007
FP#1 date - 9/25/2007
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 10-09-2010, 08:27 AM
SGP SGP is offline
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
07/25/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/06/2013
Compare
Join Date: May 2010
Posts: 824
SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute
Default Page request not available

Quote:
Originally Posted by sukhwinderd View Post
from what i infer :
if visa numbers are available then it should go to the retrogressed country.
there are about 40,000 visas for EB3 for entire world.
and if you look at demand, other countries hardly has any. so
ultimately a lot of visas from those 40,000 should come to india.
Hi : Tried to check the link. It says Page Request Not available. Is it something I am not doing right?
__________________
GREENED ON APRIL 16, '13
Priority Date:Nov 08, '02
Category:EB3 (India)
I140 Receipt Date:Jul 26, '07
I140 Approved Date:Apr 8, '08
2nd I140 Receipt Date:Jul 22, '11
I140 RFE Date:Mar 6, '12
I140 Approved Date:May 23, '12
I-485 Mailed Date:Feb 6, '13 Finally
I-485 Receipt Date:Feb 7, '13
I-485 Notice Date:Feb 12, '13
EAD & Advance Parole Approval:Mar 2, '13
EAD & Advance Parole Combo Card Recd Date:Mar 8, '13 (valid for 1 year)
Finger Print Notice date:Mar 29, '13
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 10-09-2010, 08:34 AM
Donor
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 141
sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute
Default search google for INA 202

search google for INA 202 to go to the link.
__________________
EB3
LC (pre-PERM)
filed - mar, 2005
approved - mar, 2007

140
filed at TSC in apr 2007, RD 04/23/2007, ND 04/26/2007, pending
first LUD - 08/05/2007
approved - 10/01/2007

485, EAD, AP (at TSC)
sent to TX 6/29/2007 received 7/2/2007
have copy of 485 receipt
EAD cards received on 09/15/2007
2nd EAD received 6/5/2008
soft lud - 6/25/2008

LUDs - 9/3/2007, 9/25/2007, 06/25/2008
FP#1 notice received in mail 9/10/2007
FP#1 date - 9/25/2007
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 10-09-2010, 08:38 AM
SGP SGP is offline
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
07/25/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/06/2013
Compare
Join Date: May 2010
Posts: 824
SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute
Default

Quote:
Originally Posted by sukhwinderd View Post
search google for INA 202 to go to the link.
Thanks
__________________
GREENED ON APRIL 16, '13
Priority Date:Nov 08, '02
Category:EB3 (India)
I140 Receipt Date:Jul 26, '07
I140 Approved Date:Apr 8, '08
2nd I140 Receipt Date:Jul 22, '11
I140 RFE Date:Mar 6, '12
I140 Approved Date:May 23, '12
I-485 Mailed Date:Feb 6, '13 Finally
I-485 Receipt Date:Feb 7, '13
I-485 Notice Date:Feb 12, '13
EAD & Advance Parole Approval:Mar 2, '13
EAD & Advance Parole Combo Card Recd Date:Mar 8, '13 (valid for 1 year)
Finger Print Notice date:Mar 29, '13
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 10-09-2010, 11:45 AM
Senior Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
02/02/2002
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
03/03/2003
Compare
Join Date: Jul 2007
Posts: 165
yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold
Default

Quote:
Originally Posted by sukhwinderd View Post
from what i infer :
if visa numbers are available then it should go to the retrogressed country.
there are about 40,000 visas for EB3 for entire world.
and if you look at demand, other countries hardly has any. so
ultimately a lot of visas from those 40,000 should come to india.
Not to discourage, the above wording didn't say this. It just says "numerical limitation should not be imposed." What you have is one way of extrapolating it. How the spill over should happen is somewhere else in that law i believe.

BTW, one thing that is clearly mentioned in the above paragraph is that the spill over should happen every quarter which USCIS is not following. And there were some initiative to let USCIS follow this, but didn't go farther

Please search the forum and also check the "predictions/calculations" thread for more discussion on these.
__________________
--
Not an Attorney and the above is not a legal advice
CPO: 08/16/2010
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 10-09-2010, 01:27 PM
Donor
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 141
sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute
Default spillover should happen

Quote:
Originally Posted by yagw View Post
Not to discourage, the above wording didn't say this. It just says "numerical limitation should not be imposed." What you have is one way of extrapolating it. How the spill over should happen is somewhere else in that law i believe.

BTW, one thing that is clearly mentioned in the above paragraph is that the spill over should happen every quarter which USCIS is not following. And there were some initiative to let USCIS follow this, but didn't go farther

Please search the forum and also check the "predictions/calculations" thread for more discussion on these.
if spillover should happen and is not happening, then it has a potential to become a legal issue, provided some lawyer can confirm it. its much easier to go this route than to get any law changed.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 10-09-2010, 03:07 PM
Donor
Priority Date
:
May-09
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2010
Posts: 658
tonyHK12 has a reputation beyond repute tonyHK12 has a reputation beyond repute tonyHK12 has a reputation beyond repute tonyHK12 has a reputation beyond repute tonyHK12 has a reputation beyond repute tonyHK12 has a reputation beyond repute tonyHK12 has a reputation beyond repute tonyHK12 has a reputation beyond repute tonyHK12 has a reputation beyond repute tonyHK12 has a reputation beyond repute tonyHK12 has a reputation beyond repute
Default

Quote:
Originally Posted by sukhwinderd View Post
if spillover should happen and is not happening, then it has a potential to become a legal issue, provided some lawyer can confirm it. its much easier to go this route than to get any law changed.
I second this. Has anyone tried a legal solution for this instead of creating a Bill? I recall in early 2000s thousands of EB visas were wasted each year. The total, EB, FB run into 100s of thousands.
__________________
Advocacy days 2011 contribution: $1050. Total Contributions: $1,750
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 10-09-2010, 04:23 PM
Senior Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
02/02/2002
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
03/03/2003
Compare
Join Date: Jul 2007
Posts: 165
yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold
Default

Quote:
Originally Posted by sukhwinderd View Post
if spillover should happen and is not happening, then it has a potential to become a legal issue, provided some lawyer can confirm it. its much easier to go this route than to get any law changed.
Spill over is happening but not quarterly as mentioned in the law. Its happening only in the last quarter. That's why lot of EB2 folks got the GC in the last few months. But it didn't spill over to EB3. If that is your concern, there were some discussions here (angry one if I may add). You can search the forums and join them. Good luck!!
__________________
--
Not an Attorney and the above is not a legal advice
CPO: 08/16/2010
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 10-09-2010, 04:37 PM
Senior Member
Priority Date
:
Sep-02
Category
:
EB2
I140 Mailed Date
:
05/28/2003
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 353
Blog Entries: 1
number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future
Default

Quote:
Originally Posted by sukhwinderd View Post
from what i infer :
if visa numbers are available then it should go to the retrogressed country.
there are about 40,000 visas for EB3 for entire world.
and if you look at demand, other countries hardly has any. so
ultimately a lot of visas from those 40,000 should come to india.
For EB3 ROW is still in 2005. That means Demand is still exists. No Demand means Dates should be current. that means India Can get 7% of its share.
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 10-09-2010, 07:18 PM
Donor
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 141
sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute
Default spillover is not happening.

Quote:
Originally Posted by yagw View Post
Spill over is happening but not quarterly as mentioned in the law. Its happening only in the last quarter. That's why lot of EB2 folks got the GC in the last few months. But it didn't spill over to EB3. If that is your concern, there were some discussions here (angry one if I may add). You can search the forums and join them. Good luck!!
spillover is not happening or not happening fully.
here is text from USCIS

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=ae853ad15c673210VgnVCM100000082ca60 aRCRD&vgnextoid=5e170e6bcb7e3210VgnVCM100000082ca60aRCRD


Q: Why is the wait so long for my employment-based green card?

A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.


worse case assume 234,000 (in the US) is from jul 2007 or before.
85% of 140,000 = 119,000
if spillover was happening then 234,000 should get GC in less than 2 years.
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 10-09-2010, 09:07 PM
Donor
Priority Date
:
Jan-09
Category
:
EB2
I140 Mailed Date
:
03/22/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
04/16/2012
Compare
Join Date: Jan 2010
Posts: 34
aksaharan has much to be proud of aksaharan has much to be proud of aksaharan has much to be proud of aksaharan has much to be proud of aksaharan has much to be proud of aksaharan has much to be proud of aksaharan has much to be proud of aksaharan has much to be proud of aksaharan has much to be proud of
Default Missing facts

I guess you are missing a few points...

1. The backlog does not include the oncoming requests for the other categories (which is fine for EB3, because even EB3-ROW is back-logged)
2. Fall-over across categories .. and since EB3-ROW itself is backlogged, there is no fall-over for EB3 I/C/M
3. Fall-down happens in a sequence, ie EB5 -> EB1 -> EB2 -> EB3 .. since EB2 itself has over-subscribed categories, there is nothing which falls down to EB3

Hence EB3 roughly gets only its quota... which for over-subscribed is ~3k
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 10-09-2010, 11:23 PM
Donor
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 141
sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute
Default no matter what you say...

Quote:
Originally Posted by aksaharan View Post
I guess you are missing a few points...

1. The backlog does not include the oncoming requests for the other categories (which is fine for EB3, because even EB3-ROW is back-logged)
2. Fall-over across categories .. and since EB3-ROW itself is backlogged, there is no fall-over for EB3 I/C/M
3. Fall-down happens in a sequence, ie EB5 -> EB1 -> EB2 -> EB3 .. since EB2 itself has over-subscribed categories, there is nothing which falls down to EB3

Hence EB3 roughly gets only its quota... which for over-subscribed is ~3k

no matter what you say. if there are 234,000 pending cases and if the spillover is happening properly, then 234,000 GCs should get cleared within 2 years.
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 10-09-2010, 11:27 PM
Donor
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 141
sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute sukhwinderd has a reputation beyond repute
Default i think you are counting spillover across categories

Quote:
Originally Posted by aksaharan View Post
I guess you are missing a few points...

1. The backlog does not include the oncoming requests for the other categories (which is fine for EB3, because even EB3-ROW is back-logged)
2. Fall-over across categories .. and since EB3-ROW itself is backlogged, there is no fall-over for EB3 I/C/M
3. Fall-down happens in a sequence, ie EB5 -> EB1 -> EB2 -> EB3 .. since EB2 itself has over-subscribed categories, there is nothing which falls down to EB3

Hence EB3 roughly gets only its quota... which for over-subscribed is ~3k
i think you are counting spillover across categories within same country but not spillover across countries as per stated in the law and my first post. so if spillover across countries is applied then all unused visas should trickle down to backlogged countries.

(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
All Please read this consultingnews Interesting Topics 3 04-06-2010 04:26 PM
Please read tabaching All other Green Card Issues 6 10-23-2008 11:02 AM
You CAN'T Read This lkapildev IV Agenda and Legislative Updates 9 02-12-2008 08:24 PM
Please read this ! meontower All other Green Card Issues 17 09-05-2007 05:11 PM



All times are GMT -4. The time now is 01:02 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org