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  • Ramba
    07-09 07:44 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.

    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

    my 2 cents...





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  • battineni
    07-13 11:05 AM
    Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.

    Congrats to all to have received it and good luck to those who have become current !
    TooClose,

    Don't worry you will get it soon....!!

    I'm waiting for these dates from long longgggggg time....:-((





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  • sanjay
    04-09 03:35 PM
    No change. Wohi purani kahaani. Old wine in new bottle.

    Would start looking for June now. But, won't expect any thing good until August 2010.





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  • sandiboy
    08-15 02:29 PM
    Would rather be interested to see the Processing times update for this month



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  • BlueSunD
    03-04 01:39 PM
    Ladies & gentlemen, we are now 6 days away from the due date!

    Hope to see the completed versions of the wips we�ve seen so far, and maybe, of some we haven�t! ;)

    Goodluck to everybody!





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  • dotnetguru
    04-07 12:23 PM
    Sure I will give the link..

    I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).



    first of all cut this BS. citizens and GC holders have different queues at POE and all visa people have different queues.how the hell ur friends heard the officers questions.do they have snake ears or what.use ur common sense.
    i came recently on march 20th and how come i did not see when there were 50 desis in the visa's queues.stop these rumours.
    i went to sbi when i was in india. that sbi manager came to know this and he was telling about that.i thought it might be a rumour but it still gave me couple of sleepless nights.see how fast this BS is spreading.



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  • mbawa2574
    02-15 04:31 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    :mad:





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  • GCanyMinute
    08-02 03:17 PM
    The unavailabilty of a Visa number does not 'cancel' an I-485 that has already been filed.
    It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.

    USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.

    By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(

    Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )



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  • richi121175
    01-17 02:19 PM
    I tried to send you something in a private msg but your quota is fullShameless creatures, not even a single guy came and blasted me out for such comments ..! This means that I am telling the truth. You guys don't even have any self dignity left to come and face off with me.
    :mad: :mad:





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  • ghost
    08-12 07:30 AM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile


    Unsolicited advice - Let's put a small amount as a deposit before we begin these efforts - 6 USD per week for 6 months (signing up for 25 USD per month for 6 months)...I did it and took me 5 minutes, now I am more dedicated to this effort than ever before and am sure that this dedication will have a positive impact on our future efforts...thanks for reading!



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  • mhb
    07-03 03:57 PM
    monthly contributin of $ 50 thru paypal





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  • sodh
    07-23 04:32 PM
    Thanks much for your time! We already applied without it.
    Lets see... I don;t have much in my hands other than waiting....
    Wish you Good Luck.



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  • kshitijnt
    07-13 07:53 PM
    Guys:

    Atleast appreciate the letter she has written. Maybe you are not satisfied by attorney Murthy and she has not done enough for you. But here she is adding to the voice for immigrants. Something is better than nothing!!!





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  • pmb76
    03-15 08:28 PM
    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !



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  • pa_arora
    08-15 03:30 PM
    i think visa bulletin is history
    Visa bulletin will be the future(in contrast of being history) again after u receive ur Receipt Notice as that is what u will be looking for to see if they are processing ur application after Oct.





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  • natrajs
    07-07 09:54 PM
    Today I have received my GC approval email. Dependants approval is awaited. I am in this country from Jan 2001. Good luck to all.

    No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).

    Congrats & Best Wishes

    Finally the good news



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  • Macaca
    09-26 11:46 AM
    I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
    The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!





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  • nomi
    12-12 04:19 PM
    USCIS is not a legislative body, they cannot pass a law. The Congress does. In order to change any existing laws Congress has to pass it and USCIS just implements it. So I do not think meeting USCIS will help. BTW what is DOS ?


    I know USCIS is not legislative body and they can`t pass law either. But we need to know what USCIS can do for us to give us temp. relief. We need to know what are under their control. They do lot of rules with out going into Congress. So its nothing to lose to ask them what they can do for us without any bill. We will not lose if they say "They can`t do anything" but this will give us some hope that we did our best and also contact to USCIS too.





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  • newuser
    05-06 03:28 PM
    I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.

    what are the next steps?

    15 MONTHS.....:mad:





    tikka
    07-05 11:10 AM
    Hope this helps...

    for your contribution!! :)





    pappu
    07-01 06:11 PM
    Everyone is busy partying.
    No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.



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