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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ak27
05-22 12:43 PM
You will need to pay for every renewal.. I have paid twice so far... Good for USCIS to make money...
Do we need to pay $340 for the second renewal of EAD and AP?
USCIS page says, no fee only if you have filed 485 after July 30, 2007.
Do we need to pay $340 for the second renewal of EAD and AP?
USCIS page says, no fee only if you have filed 485 after July 30, 2007.
needlotsofluck
08-13 09:30 PM
Hi,
I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Thanks
Ron
It says on FAQ3:
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used. I-485 Version 07/24/06 is also acceptable. The form can be found at www.uscis.gov.
Please read the whole answer.
I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Thanks
Ron
It says on FAQ3:
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used. I-485 Version 07/24/06 is also acceptable. The form can be found at www.uscis.gov.
Please read the whole answer.
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GC_Geek
09-11 04:50 PM
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
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Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
gcgcgcgc
10-26 05:44 PM
I was surprised to see my AP in hand
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
more...
smuggymba
03-15 11:21 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Coming to US via Infy/TCS/Wipro is diff from coming to USA via small time desi shops that take a deposit for H1 processing (totally illegal).
Having said that - applying in EB1 just because you have 2 ppl reporting to you is totally unethical. (It's not illegal since Infy, CTS do it all the time)
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Coming to US via Infy/TCS/Wipro is diff from coming to USA via small time desi shops that take a deposit for H1 processing (totally illegal).
Having said that - applying in EB1 just because you have 2 ppl reporting to you is totally unethical. (It's not illegal since Infy, CTS do it all the time)
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myvoice23
06-26 10:04 AM
Did you report that you used AC-21 to USCIS? If so, then it might be triggered a LUD in your 485. Nothing to worrry.
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GC08
06-19 07:28 PM
Sorry if this is too basic. But can anyone tell me if passport photos taken from Kinko's will work for filing 485, AP, EAD, etc.?
Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).
Thanks in advance!
Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).
Thanks in advance!
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gsc999
01-10 01:57 PM
Thanks Y'all for the inputs !
Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
----
I recently travelled to India via Munich on Lufthansa. I was told by my ticketing agent that I will need a German transit visa. I looked at the info. on German constulate's website and did some reasearch, I didn't need one.
I suggest, you get one to be on the safer side. For other readers, if you are on H1B and if your transit time is 2 to 3 hours and you travel on the same airlines (there are other issues e.g. the terminal is same etc.), than you don't need a transit visa but always call in and check with the appropriate constulate.
Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
----
I recently travelled to India via Munich on Lufthansa. I was told by my ticketing agent that I will need a German transit visa. I looked at the info. on German constulate's website and did some reasearch, I didn't need one.
I suggest, you get one to be on the safer side. For other readers, if you are on H1B and if your transit time is 2 to 3 hours and you travel on the same airlines (there are other issues e.g. the terminal is same etc.), than you don't need a transit visa but always call in and check with the appropriate constulate.
more...
javaconsultant
04-30 02:35 AM
Guys,
I am not 100 % sure if one can change employer after approved I-140.
But this is what I checked with lawyer --
-- Can transfer H-1 to new employer and can file new labor with new PD. Also can pursue your GC from old employer as long as he doesn't revokes it since GC is for future job.
-- Can simultaneously pursue GC from both employers if previous employer does not revoke it.
Also one sticking point ....H-1 extension with new employer if you are on 7th or 8th or 9th year extension... not sure how does it work....this check with a lawyer.......
I am not 100 % sure if one can change employer after approved I-140.
But this is what I checked with lawyer --
-- Can transfer H-1 to new employer and can file new labor with new PD. Also can pursue your GC from old employer as long as he doesn't revokes it since GC is for future job.
-- Can simultaneously pursue GC from both employers if previous employer does not revoke it.
Also one sticking point ....H-1 extension with new employer if you are on 7th or 8th or 9th year extension... not sure how does it work....this check with a lawyer.......
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go_guy123
12-06 09:15 AM
in politics everything is give and take + "my side needs to get the best deal" attitude.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who said it will be like that. They will get their immediate Dream relief (called downpayment by hispanic caucus) and hold the SKIL bill hostage to amnesty. In the past they were holding even dream act hostage to the mass amnesty. Now with the Comprehensive immigration reform looking hard, they are trying to get their own piecemeal items done before they get back to mass amnesty. Amnesty is so politically toxic that they badly need the Agjobs and tech industry lobby behind them.
Actually SKIL bill will see better chances in the new administration but senate is still under democratic party who controls the agenda there.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who said it will be like that. They will get their immediate Dream relief (called downpayment by hispanic caucus) and hold the SKIL bill hostage to amnesty. In the past they were holding even dream act hostage to the mass amnesty. Now with the Comprehensive immigration reform looking hard, they are trying to get their own piecemeal items done before they get back to mass amnesty. Amnesty is so politically toxic that they badly need the Agjobs and tech industry lobby behind them.
Actually SKIL bill will see better chances in the new administration but senate is still under democratic party who controls the agenda there.
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Picasa
01-22 03:48 PM
What do you mean by 4 part payments?
Here is the scenario
Lets say I have Rs 100,000 principal loan and I can make 4 payments of Rs 22,000 (4X22,000= 88,000) and tells ICICI bank to span rest of Rs. 12,000 (100,000-88,000=12000) in 13 EMI.
Please correct me if I am wrong.
Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.
Here is the scenario
Lets say I have Rs 100,000 principal loan and I can make 4 payments of Rs 22,000 (4X22,000= 88,000) and tells ICICI bank to span rest of Rs. 12,000 (100,000-88,000=12000) in 13 EMI.
Please correct me if I am wrong.
Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.
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mbawa2574
07-07 07:53 PM
I am not sure what happened but my last thread is not showing up on the main page. So I have started a new one.
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pappu
01-05 11:24 AM
any predictions for Feb 2009 :D:D
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
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paskal
08-23 11:51 PM
I believe that several people have won WOM cases....
I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.
Might be worth getting a second opinion with an attorney that's filed and won WOM cases....
welcome to IV!
I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.
Might be worth getting a second opinion with an attorney that's filed and won WOM cases....
welcome to IV!
more...
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zerozerozeven
04-09 12:43 PM
it is really nice that you got it now...otherwise u will be put on a minimum 6 months more wait till Oct...u shud highlight ur case to showcase how broken the legal immigration system is..u have been in US for 18 years before u received ur green card...
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snathan
02-25 10:58 AM
They normally will give time to pack up. Last month one of my friend's colleague got rejected (I also knew her) and they give her 10 days to pack up. She is working for HP and she moved back to India.
Even if you want to try transfer, you can do but you will have to go out of the country and get stamping and come back. Since you are not in status they wont extend the I-94 rather they will approve the extension.
Even if you want to try transfer, you can do but you will have to go out of the country and get stamping and come back. Since you are not in status they wont extend the I-94 rather they will approve the extension.
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dexter
12-16 05:26 PM
Hi Charles ,
Thank you for the reply. really appreciate your feedback.
Thanks.
Thank you for the reply. really appreciate your feedback.
Thanks.
nixstor
09-07 04:00 PM
1a) Both translated and original are needed and might be sufficient. As of my knowledge, they are issuing them in local language and English currently in my native place.
1b) DOB Cert by itself from the Consul's office will not be sufficient.
1c) Every 485 applicant needs DOB certificate. So your wife does.
3a) It depends on a variety of things like if you had chicken pox before or not. If you had been to school in US and have any immunization record / some sort of health record you submitted to them when you came in, the doctor might accept it. AFAIK, It is a 1 hr process how ever appointments might be 2 weeks away :)
3b) Tests are valid for one year.
http://www.uscis.gov/graphics/formsfee/forms/i-693.htm
1b) DOB Cert by itself from the Consul's office will not be sufficient.
1c) Every 485 applicant needs DOB certificate. So your wife does.
3a) It depends on a variety of things like if you had chicken pox before or not. If you had been to school in US and have any immunization record / some sort of health record you submitted to them when you came in, the doctor might accept it. AFAIK, It is a 1 hr process how ever appointments might be 2 weeks away :)
3b) Tests are valid for one year.
http://www.uscis.gov/graphics/formsfee/forms/i-693.htm
lostinbeta
10-21 04:02 AM
But what if you don't like jelly-bellys? or your hand gets stuck reaching in? Ahhh... nevermind.
Weird analogy though :)
Weird analogy though :)
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