Administrator2
07-07 08:23 PM
There is definitely something weird going on in the background. Otherwise why would u take off free expression of members. Why are u challenged ?
Specially by member who is on this website from 2006. Is collecting money is the only goal left or u want to do something constructive. I am not doing something like this in anonymity but half of the team knows by name. So what's ur problem Administrator ? Is Elections a big thing to ask ?
So u suppressed my thread from the front page ? That is shameful and challenges the transparency of the core team.
Now go ahead and ban me...I have no problems.
You can draw any conclusion you want. I have no reason to convince or explain you anything. Your website membership since 2006 will not deter us from taking action if we see you harm the objective of the organization, we will ban you without a doubt.
IV is a democratic organization with well defined structure and electorate. We have no reason to explain anything to someone who wants to work against the organization instead of work with the organization.
Consider this as a final note of caution.
All the best
Specially by member who is on this website from 2006. Is collecting money is the only goal left or u want to do something constructive. I am not doing something like this in anonymity but half of the team knows by name. So what's ur problem Administrator ? Is Elections a big thing to ask ?
So u suppressed my thread from the front page ? That is shameful and challenges the transparency of the core team.
Now go ahead and ban me...I have no problems.
You can draw any conclusion you want. I have no reason to convince or explain you anything. Your website membership since 2006 will not deter us from taking action if we see you harm the objective of the organization, we will ban you without a doubt.
IV is a democratic organization with well defined structure and electorate. We have no reason to explain anything to someone who wants to work against the organization instead of work with the organization.
Consider this as a final note of caution.
All the best
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harivenkat
06-28 03:17 PM
Huge demand to live in U.S. part of illegal immigration problem (http://www.azcentral.com/arizonarepublic/news/articles/2010/06/28/20100628legal-immigration-high-demand.html#comments)
WASHINGTON - While the national spotlight is focused on illegal immigration, millions of people enter the United States legally each year on both a temporary and permanent basis.
But the demand to immigrate to the United States far outweighs the number of people that immigration laws allow to move here legally. Wait times can be years, compounding the problem and reducing opportunities for many more who desperately want to come to the United States.
In 2009 alone, more than 1.1 million people, including nearly 21,000 living in Arizona, became legal permanent residents, according to the U.S. Department of Homeland Security's 2009 Yearbook of Immigration Statistics. The largest single group of new permanent residents nationwide, 15 percent, was born in Mexico. Six percent came from China and 5 percent came from the Philippines.
Also last year, nearly 744,000 immigrants, including about 12,400 Arizona residents, became naturalized U.S. citizens. The largest group, with 111,630 people, was from Mexico. The second largest group, with 52,889 people, came from India.
But those figures are eclipsed by the demand, which in part contributes to the problem of illegal immigration. Nearly 11 million immigrants are in the country illegally, according to estimates by the Department of Homeland Security. Earlier this year, there were an estimated 460,000 illegal immigrants in Arizona.
But since Gov. Jan Brewer signed Arizona's controversial new immigration bill in April, hundreds, if not thousands, of illegal immigrants have left the state. And many more are planning to flee before the law takes effect July 29.
Some are going back to Mexico. Many are going to other states, where anti-illegal-immigrant sentiment isn't so strong and where they think they will be less likely to be targeted by local authorities.
"Insufficient legal avenues for immigrants to enter the U.S. ... has significantly contributed to this current conundrum," says a report by Leo Anchondo of Justice for Immigrants, which is pushing for Congress to pass comprehensive immigration reform.
Arizona's immigration law makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.
Temporary visas
Temporary visas allow people to enter the United States and stay for a limited amount of time before returning to their home countries. In 2009, about 163 million people came in this way. The biggest groups came from Mexico, Britain and Japan.
Among those who can obtain temporary visas: tourists; visitors on business trips; foreign journalists; diplomats and government representatives and their staffs; students and foreign-exchange visitors and their dependents; certain relatives of lawful permanent residents and U.S. citizens; religious workers; and internationally recognized athletes and entertainers.
Temporary visas also are used to bring in foreign workers when U.S. employers say they do not have enough qualified or interested U.S. workers. Among the categories: workers in specialty occupations, registered nurses to help fill a shortage and agricultural workers. Mexican and Canadian professionals also are granted temporary visas under the terms of the North American Free Trade Agreement.
Permanent residents
A lawful permanent resident has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent-resident card, better known as a "green card."
People petition to become permanent residents in several ways. Most are sponsored by a family member or employer in the United States.
Others may become permanent residents after being granted asylum status. In 2009, nearly 75,000 refugees were granted asylum from persecution in their home countries.
Immediate relatives of U.S. citizens are given the highest immigration priority and are not subject to annual caps that apply to other categories of immigrants. Immediate relatives are defined as spouses, unmarried children under age 21 and parents.
Although there is no annual cap on the number of immediate relatives of U.S. citizens who can obtain green cards, there is a cap on the number of green cards for other relatives such as siblings and adult married children. That cap is about half a million people a year, according to the American Immigration Lawyers Association.
Employment-based immigration also is limited to 140,000 people a year, according to the lawyers association.
There also are limits based on a person's country of origin. Under U.S. immigration law, the total number of immigrant visas made available to natives of any single foreign nation shall not exceed 7 percent of the total number of visas issued. That limit can make it tough for immigrants from countries such as Mexico, where the number of people who want to come here greatly exceeds the number of people that the law allows.
The estimated wait time for family members to legally bring their relatives into the United States from Mexico ranges from six to 17 years, according to a May study by the non-profit, nonpartisan National Foundation for American Policy. It is nearly impossible for a Mexican, especially someone without a college degree or special skills, to immigrate to the United States legally without a family member or employer petitioning on his behalf.
The costs also can be high. A U.S. employer who wants to bring in an immigrant worker can expect to pay nearly $6,000 in fees and legal expenses, according to the foundation.
A U.S. citizen or legal permanent resident petitioning to bring a relative to the United States from another country must pay a $355 filing fee for each relative who wants to immigrate, according to U.S. Citizenship and Immigration Services.
Naturalized citizens
In general, immigrants are eligible to become citizens if they are at least 18 and have lived in the United States as a lawful permanent resident for five years without leaving for trips of six months or longer.
An applicant for citizenship must be deemed to be of good moral character, which means in part that they must not have been convicted of a serious crime or been caught lying to gain immigration status.
Applicants must be able to pass a test demonstrating that they can read, write and speak basic English. They also must pass a basic test of U.S. history and government.
Immigrants become citizens when they take the oath of allegiance to the United States in a formal naturalization ceremony. The oath requires applicants to renounce foreign allegiances, support and defend the U.S. Constitution, and serve in the U.S. military when required to do so by law.
The time it takes to become naturalized varies by location and can take years. The U.S. Citizenship and Immigration Services agency is trying to improve the system and decrease the time to an average of six months.
WASHINGTON - While the national spotlight is focused on illegal immigration, millions of people enter the United States legally each year on both a temporary and permanent basis.
But the demand to immigrate to the United States far outweighs the number of people that immigration laws allow to move here legally. Wait times can be years, compounding the problem and reducing opportunities for many more who desperately want to come to the United States.
In 2009 alone, more than 1.1 million people, including nearly 21,000 living in Arizona, became legal permanent residents, according to the U.S. Department of Homeland Security's 2009 Yearbook of Immigration Statistics. The largest single group of new permanent residents nationwide, 15 percent, was born in Mexico. Six percent came from China and 5 percent came from the Philippines.
Also last year, nearly 744,000 immigrants, including about 12,400 Arizona residents, became naturalized U.S. citizens. The largest group, with 111,630 people, was from Mexico. The second largest group, with 52,889 people, came from India.
But those figures are eclipsed by the demand, which in part contributes to the problem of illegal immigration. Nearly 11 million immigrants are in the country illegally, according to estimates by the Department of Homeland Security. Earlier this year, there were an estimated 460,000 illegal immigrants in Arizona.
But since Gov. Jan Brewer signed Arizona's controversial new immigration bill in April, hundreds, if not thousands, of illegal immigrants have left the state. And many more are planning to flee before the law takes effect July 29.
Some are going back to Mexico. Many are going to other states, where anti-illegal-immigrant sentiment isn't so strong and where they think they will be less likely to be targeted by local authorities.
"Insufficient legal avenues for immigrants to enter the U.S. ... has significantly contributed to this current conundrum," says a report by Leo Anchondo of Justice for Immigrants, which is pushing for Congress to pass comprehensive immigration reform.
Arizona's immigration law makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.
Temporary visas
Temporary visas allow people to enter the United States and stay for a limited amount of time before returning to their home countries. In 2009, about 163 million people came in this way. The biggest groups came from Mexico, Britain and Japan.
Among those who can obtain temporary visas: tourists; visitors on business trips; foreign journalists; diplomats and government representatives and their staffs; students and foreign-exchange visitors and their dependents; certain relatives of lawful permanent residents and U.S. citizens; religious workers; and internationally recognized athletes and entertainers.
Temporary visas also are used to bring in foreign workers when U.S. employers say they do not have enough qualified or interested U.S. workers. Among the categories: workers in specialty occupations, registered nurses to help fill a shortage and agricultural workers. Mexican and Canadian professionals also are granted temporary visas under the terms of the North American Free Trade Agreement.
Permanent residents
A lawful permanent resident has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent-resident card, better known as a "green card."
People petition to become permanent residents in several ways. Most are sponsored by a family member or employer in the United States.
Others may become permanent residents after being granted asylum status. In 2009, nearly 75,000 refugees were granted asylum from persecution in their home countries.
Immediate relatives of U.S. citizens are given the highest immigration priority and are not subject to annual caps that apply to other categories of immigrants. Immediate relatives are defined as spouses, unmarried children under age 21 and parents.
Although there is no annual cap on the number of immediate relatives of U.S. citizens who can obtain green cards, there is a cap on the number of green cards for other relatives such as siblings and adult married children. That cap is about half a million people a year, according to the American Immigration Lawyers Association.
Employment-based immigration also is limited to 140,000 people a year, according to the lawyers association.
There also are limits based on a person's country of origin. Under U.S. immigration law, the total number of immigrant visas made available to natives of any single foreign nation shall not exceed 7 percent of the total number of visas issued. That limit can make it tough for immigrants from countries such as Mexico, where the number of people who want to come here greatly exceeds the number of people that the law allows.
The estimated wait time for family members to legally bring their relatives into the United States from Mexico ranges from six to 17 years, according to a May study by the non-profit, nonpartisan National Foundation for American Policy. It is nearly impossible for a Mexican, especially someone without a college degree or special skills, to immigrate to the United States legally without a family member or employer petitioning on his behalf.
The costs also can be high. A U.S. employer who wants to bring in an immigrant worker can expect to pay nearly $6,000 in fees and legal expenses, according to the foundation.
A U.S. citizen or legal permanent resident petitioning to bring a relative to the United States from another country must pay a $355 filing fee for each relative who wants to immigrate, according to U.S. Citizenship and Immigration Services.
Naturalized citizens
In general, immigrants are eligible to become citizens if they are at least 18 and have lived in the United States as a lawful permanent resident for five years without leaving for trips of six months or longer.
An applicant for citizenship must be deemed to be of good moral character, which means in part that they must not have been convicted of a serious crime or been caught lying to gain immigration status.
Applicants must be able to pass a test demonstrating that they can read, write and speak basic English. They also must pass a basic test of U.S. history and government.
Immigrants become citizens when they take the oath of allegiance to the United States in a formal naturalization ceremony. The oath requires applicants to renounce foreign allegiances, support and defend the U.S. Constitution, and serve in the U.S. military when required to do so by law.
The time it takes to become naturalized varies by location and can take years. The U.S. Citizenship and Immigration Services agency is trying to improve the system and decrease the time to an average of six months.
nandakumar
04-13 06:21 PM
got the mail from shrey.
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seahawks
10-30 08:58 PM
Calling all Washingtonians.. please make it a point to attend the meet and greet event!
more...
franklin
11-16 04:56 PM
If you have applied for AOS (1-485) your application will continue processing regardless of Priority Date becoming current.
However, and this is the important bit, you will only get your final approval (aka greencard in the mail) if a visa number is allocated to you. That only happens when you Priority Date is current (in the vast majority of cases, unless you were incredibly lucky and got a visa number allocated to you before Aug 17th - you would have your greencard by now if that were the case).
FWIW - this is how a lot of applications were approved in May / June time. A lot of people had been waiting a long time (since 05 before retrogression hit) with approved applications pending visa number availability. Suddenly, they became available, and they got their cards quickly.
Consider it this way. A lot of people appllied for AOS in 05 before retrogression. Their PD then became retrogressed and they were stuck in the yearly EAD / AP renewals, waiting for their PD to become current again for their GC to be approved. This happened for a brief window in May / June / July (depending on your PD / country ect) and then they got approval. Anything ringing a bell in this pattern?
However, and this is the important bit, you will only get your final approval (aka greencard in the mail) if a visa number is allocated to you. That only happens when you Priority Date is current (in the vast majority of cases, unless you were incredibly lucky and got a visa number allocated to you before Aug 17th - you would have your greencard by now if that were the case).
FWIW - this is how a lot of applications were approved in May / June time. A lot of people had been waiting a long time (since 05 before retrogression hit) with approved applications pending visa number availability. Suddenly, they became available, and they got their cards quickly.
Consider it this way. A lot of people appllied for AOS in 05 before retrogression. Their PD then became retrogressed and they were stuck in the yearly EAD / AP renewals, waiting for their PD to become current again for their GC to be approved. This happened for a brief window in May / June / July (depending on your PD / country ect) and then they got approval. Anything ringing a bell in this pattern?
crazyghoda
10-29 06:21 PM
I got someone who left this comment with the red - " Helpful Answer Negative Rating"
This must the 3rd time I have had someone give me a red for answering questions and helping this community.
I think I am done hanging around this forum helping out a bunch of morons who probably believe they can get a green card by giving others reds. Adios !
There is no TDS for any funds held in NRE savings or CD accounts.
This must the 3rd time I have had someone give me a red for answering questions and helping this community.
I think I am done hanging around this forum helping out a bunch of morons who probably believe they can get a green card by giving others reds. Adios !
There is no TDS for any funds held in NRE savings or CD accounts.
more...
manderson
02-08 10:51 AM
bump
It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.
It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.
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cdeneo
12-29 01:21 AM
I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.
I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.
I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.
more...
pbojja
06-25 02:14 PM
I was in the same situation and visited canada and requested new I94 and got it , I m on H1B and this is in March 2008
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa is invalid and I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa is invalid and I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
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ram_nara303
01-08 01:53 PM
I was in the same situation where I came on B1 and then moved to H1 after a years wait here. Ultimately got my EAD and AP. Still i was reluctant to travel down to INdia, but had to do to attend a marriage of my wife's brother. So finally after 8 yrs, I went to India and I took all necessary documentation including AP, 485 receipt, H1 approval notice, paystubs. Getting through IAD was a breeze and did not take more than 10 minutes. So don't worry and as long as your AP is valid, you should not worry much.
:)
:)
more...
reddog
03-09 11:22 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
Right now she is on H1 as well as AOS.
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
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yingli
08-27 01:42 PM
Thank you, Googler for the very useful links on how to respond to the government's motion to dismiss. Thanks to brb2 for your posts!
I am now researching all the links from the posts above. I may have further questions. Hope I can get your help again! Thanks to all of you who replied. It is great help and encouragement!
YL
I am now researching all the links from the posts above. I may have further questions. Hope I can get your help again! Thanks to all of you who replied. It is great help and encouragement!
YL
more...
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ameryki
07-21 03:28 PM
Please help called Customer Service and they were clueless!
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at0474
12-17 12:57 PM
"1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
more...
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msp1976
04-23 01:32 PM
No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.
The S 9 was introduced in the first day of senate..
They are gonna fill up the language any time they like...
One fine day you are gonna wake up and find the bill getting debated...
The S 9 was introduced in the first day of senate..
They are gonna fill up the language any time they like...
One fine day you are gonna wake up and find the bill getting debated...
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immi_enthu
08-10 01:28 PM
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
same thing happened to me.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
same thing happened to me.
more...
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greyhair
06-21 09:31 AM
In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.
I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.
But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.
Here is today's news in Politico indicating the same thing -
Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)
If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.
But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.
Here is today's news in Politico indicating the same thing -
Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)
If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
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narendra_modi
07-07 12:25 PM
My friend received a letter from USCIS in response to his phone call asking then why they have not taken a decision inspite of 60 days expired after responding RFE. This is what the letter mentions.
The status of this service request is:
Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.
What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.
please advise guys ..
thanks,
narendra
The status of this service request is:
Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.
What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.
please advise guys ..
thanks,
narendra
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waitingmygc
10-12 07:08 PM
Please ask an attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
PDOCT05
10-29 03:08 PM
[QUOTE=PDOCT05;189726]It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
QUOTE]
Wish you all the best. It is too late to learn that one should not leave everything to the lawyers. Accuracy of info, signatures, etc. need to be thoroughly checked by us, the filers. Lawyer is doing this work for several people, and they want to spend least time on each. We, understanding the impact, are prepared to spend little extra time for checking thoroughly.
What tactical explanation is he going to give? May be he should say that it was signed but USCIS guy did not see it. Or, ink was bad, and evaporated, etc. "Fogot" will be difficult to make them accept.
No Idea how is he going deal..I will try my best to avoid...any further issues.
QUOTE]
Wish you all the best. It is too late to learn that one should not leave everything to the lawyers. Accuracy of info, signatures, etc. need to be thoroughly checked by us, the filers. Lawyer is doing this work for several people, and they want to spend least time on each. We, understanding the impact, are prepared to spend little extra time for checking thoroughly.
What tactical explanation is he going to give? May be he should say that it was signed but USCIS guy did not see it. Or, ink was bad, and evaporated, etc. "Fogot" will be difficult to make them accept.
No Idea how is he going deal..I will try my best to avoid...any further issues.
willigetgc?
09-24 10:21 AM
my problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.
Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?
Secondly when they talk about legalization, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.
Overall immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lt could have been done till now. We need to hear more action than just talk.
hypocrisy at its best!
Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?
Secondly when they talk about legalization, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.
Overall immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lt could have been done till now. We need to hear more action than just talk.
hypocrisy at its best!
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