Wednesday, June 8, 2011

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  • acecupid
    07-15 06:14 PM
    Here is the actual text of the visa distribution law. Also available on USCIS website.


    INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
    Sec. 202. [8 U.S.C. 1152]
    (a) Per Country Level. -

    (1) Nondiscrimination. -

    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.

    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    (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.


    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).

    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-

    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;

    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

    (c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
    (d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).




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  • lalithkx
    05-28 02:26 PM
    Hi guys,

    This is what my lawyer said.

    If you/spouse have used your EAD or are using your EAD then your "Current Immigration Status" is "Adjustment of Status Pending/Parolee". If not then it is either H1B or H4.

    If you/spouse have actually travlled outside the US and re-entered using the Advanced parole, then your "Manner of Last Entry" is "Parolee". If not then it is what it says on your I-94 (H1B or H4).

    You do **NOT** need the $80 Biometric fee for the Advanced Parole.


    Guys,

    do any body know what documents a minor need for reentry using AP?

    Do they need EAD or just I-485 receipt is enough. please reply ASAP.

    thanks




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  • anyluck?
    06-10 03:56 PM
    All the best and congrats for PD before oct 1 2005.

    Hope some day if i am still able to stay in US i will join :)




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  • santb1975
    04-26 04:07 PM
    login to paypal and then click on send money. you will then see a text box saying To: Enter donations@immigrationvoice.org corresponding to that. Enter the amount you are willing to contribute and click on send money.Please PM me if you need further help

    Its kind of confusing to make a one time donation.. and there should be two more options of $25 and $50 for one time contribution....

    Can anyone tell me how to contribute one time and for the amount not mentioned on first page..

    I think we should follow Hillary and Obama's grassroot campaign, whereby asking for smaller amount and that way make people more willing to contribute in smaller amounts...



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  • chanduv23
    09-17 12:08 PM
    He has made arrangements as well to come to the rally tomorrow.

    We are coming from Ashburn VA area...If anybody wants to come along please PM me.

    Regards.

    Great stuff , we welcome you both


    Come on folks , lets all make this a success




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  • optimist578
    04-10 02:08 PM
    Does anybody know how long an H1B visa can remain valid (including grace period) after a layoff ? What I know, is an H1B technically becomes invalid the day you stop rendering your services to your employer. The firm's lawyer suggested me to file for B1/B2 visitors visa to avoid going out-of-status.

    If I do that, can I transfer my H1B visa (from B1B2) once I get a job? Or will I have to struggle against some quota?

    Can anybody suggest a good lawyer in New York City or near Hoboken, NJ who can help we with all this? I tried contacting Cyrus Mehta, but he seems to be booked for another week.

    Btw, thanks for the overwhelming response to my request for resources to find a job. While I am evaluating my options, please keep me in consideration for any openings that you see.

    Thanks.



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  • gulti_bhai
    03-25 03:57 PM
    I guess by the end of FY-11, EB2 cutoff will reach Dec 2006 or early 2007.. but movement from there on would be slow as many are started porting now.. In any case I don't there will be more than 10K porting per year.. If porting exceed more than 10K, EB2 progress will be slow.. Good luck to all




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  • msyedy
    05-31 02:05 PM
    What you are saying is a high level picture of what the lawmakers think.

    Instead of asking reasonable numbers asking for no cap.
    True that the tech companies are not comming up with a cap because they believe by saying this, they might be restricted for many years to bring in extra people if they have an opening.


    Before dot com bust even lot of US citizens welcomed H1b persons as there was not much layoffs. But past 7 years layoffs increased to outsource to India,China and other countries. For that they have to hire H1b and L1 persons from Countries mainly India. Those things made anti immigrants hardened their stand. US workers fear that they may lose job if US opens up immigration too much.

    How did the anti-immigrants get a upper hand on this. They are allowing illegals to get an easy path to citizenship.. this will cause a huge influx of people who will benefit the economy but down the line their children will take up the jobs of the americans.. so why a benefit to illegals.

    Now you would say that there are so many companies lobbying for the illegals,
    true but why don't they listen to the tech lobbyist who are few in number but asking what is actually,legally, abide rulles ly necessary to increase the economy.



    Main reasons for restrictions in legal immigration are
    1. Organised compaign by anti immigrants with data. They proved that H1b persons were paid 20% below the market rate. There is no defence from orgainised compaign by pro immigrants. Pro immigrants gave the statement that shortage of skilled workers but they were not able to give supporting data. Newspaper stories are not enough
    2. Reaching h1b cap in 2 days gave negative picture instead of positive. Mostly consulting companies rushed to get h1b without valid job positions

    3. Instead of asking reasonable numbers Corporations and pro immigrants asked exemptions in H1b numbers and green card numbers. They want to make sure that unlimited numbers so that they can hire or fire anyone.
    4. Immigrants are suffering by backlogs and they are expressed by IV and Lawyers. But that is not enough to justify immigration. That should be justified with real need for welfare of country
    5. Before dot com bust even lot of US citizens welcomed H1b persons as there was not much layoffs. But past 7 years layoffs increased to outsource to India,China and other countries. For that they have to hire H1b and L1 persons from Countries mainly India. Those things made anti immigrants hardened their stand. US workers fear that they may lose job if US opens up immigration too much.
    6. Some Indian consulting companies exploited the situation by just hiring H1bs not even trying to recruit US workers even if they available. But some Indian companies like TCS,Infosys started hiring US workers nowadays because of shortage of H1b.

    H1b persons are considered as best skilled persons so Companies can afford to pay 5000 or even 10000$. Infact H1b persons should be paid 20% above US workers as they are considered as better than US workers. That is the reason for raising the fees by two thirds of Senators



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  • spicy_guy
    05-20 01:17 AM
    Will not be able to make it though..

    Again, I strongly suggest inviting folks from other Forums too, like Murthy, , etc.
    This is for a common cause.. and many would like to join..

    Guys who are active members of other forums can post this link there...

    My 2 cents...




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  • uma001
    05-20 09:23 PM
    I got this message from senator Mark R Warner

    Thank you for contacting me regarding our nation's immigration system. I appreciate the benefit of your views on this important issue.

    Our current immigration system is broken, which is why I believe Congress should work to pass bipartisan, comprehensive immigration reform. Comprehensive immigration reform should include policies to secure our nation's borders, curb future illegal immigration, establish an effective employer verification system and find a practical solution for the millions of illegal immigrants currently residing in the U.S.

    I do not believe that illegal immigrants should gain an unfair advantage from their actions. Any effort to earn legal status must include paying back taxes, a fine or penalty and taking steps to learn English. Reform should also not penalize those individuals who have followed the law and are here legally.

    On April 23, 2010, Arizona Governor Jan Brewer signed into law Arizona State Bill 1070, which grants broad powers to local law enforcement officials to determine and request proof of legal status of anyone suspected of violating federal immigration laws. The enactment of this new law is yet another sign that the federal government needs to act to fix our broken immigration system rather than allowing for a state-by-state patchwork of laws and ordinances. I also believe Arizona's law raises civil rights concerns, fails to recognize the economic contributions of legal immigrant workers, and harms our nation's ability to attract entrepreneurs from around the world who create jobs here in the United States.

    Our nation faces many tough challenges. Immigration reform is a complicated and difficult issue but the current system is not working. We must put our differences aside to create a better system. Again, thank you for writing. As we move forward in the 111th Congress, please continue to contact me with your opinions and concerns.



    Sincerely,
    MARK R. WARNER
    United States Senator



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  • muni_k
    05-31 05:53 PM
    Receipt ID: 3347-9248-3773-8217
    contributed $ 50




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  • espoir
    04-28 12:41 PM
    Here's a $50 donation to get the first milestone ($10000) quicker.
    Paypal Transaction ID #40A87133HH686523X.

    Good deal m306m.

    Ok. Here's my pledge. Every time m306m contributes $50 for every $10000 collected, I'll match it with another $50.



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  • sandy_anand
    05-17 01:31 PM
    Pretty easy. It's the least one could do to hep themselves.




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  • needhelp!
    02-07 01:30 PM
    23800 more to go



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  • walking_dude
    11-17 10:25 AM
    Mark Krikorian is the MAN. He's the brain. Rest don't matter.

    Most likely the CIS "immigrants" were ex-undocumenteds who got "Amnenstied" in 1986. What ancedote will they use? How they broke the Immigration laws back then?

    I wouldn't be surprised if it turns out than some of them were former "Grand Dragons" at triple-K! Not revealing the past is an indicator of closet full of nasty skeletons.



    thanks wd - I was looking for the comarata dude - & borgas who is apparently an immigrant himself. something like - what shaped their views and informs their opinions - they are extremely passionate and effective and dont hesitate to use personal anecdotes but never from their own life




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  • mariusp
    04-25 07:10 PM
    $35 #8kw28458tt459510y



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  • panky72
    06-25 05:10 PM
    hi mirage,
    you dont need to pay anymore money for EAD when you apply in future. this is what my attorney said. Thats why USCIS fees is very high and its one time fess for EAD and AP.

    I don't think that's true. You pay every time for renewal of AP/EAD. Its a nonstop source of revenue for USCIS.




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  • vine93
    03-05 01:03 AM
    I also got the same letter from USCIS today.

    Where is the core who advised us to fax letter to USCIS. Please let us know what the action plan is ?

    I am ready for $25.




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  • m306m
    04-30 10:18 AM
    <<bump>>




    ThinkTwice
    07-20 12:58 AM
    Did you know that Aman Kapoor the founder of IV has contributed $64000 of his personal money towards the efforts of IV? Yes that is correct Sixty Four Thousand USD. http://www.businessweek.com/bwdaily/...eek+exclusives
    I was dumbfounded when I first found this out. The man must have real conviction and courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but there is something we can do.
    Please take out your wallet and repay IV core members who have contributed selflessly to OUR cause.
    Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
    Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause. Join http://immigrationvoice.org/forum/showthread.php?t=10708




    Tito_ortiz
    02-13 10:37 AM
    Guys, this is by far one of the best points ever made in this forum. This is actually our silver bullet. Open the eyes of people around the world that the US is not treating skilled immigrants right anymore. There are many countries out there which offer more career opportunities than here. By the way, what am I doing here?!


    Pappu, I sent the article to my cousin in China, asking him to publish his story. Please read his reply. He graduated from University of Chicago and went back to China two years after working in US.

    "This is another sad story about skilled immigrant.

    I want to talk about this issue from my perspective.

    I got my M.B.A in a prestigious US university and worked as a Financial Analyst in US for two years. I was thinking of applying for GC at that time because I had planned to stay in US. But, that winter, when I took a vacation in China, I decided to look for a job in China because I was very impressed by the economic development in China and wanted to capitalize on the opportunity. The Chinese market was/is in urgent demand for US-trained financial analyst. After some interviews, I got a very generous offer from a multinational company and quitted my job in US without any hesitation.

    Now five years has passed. Because of my excellent performance, I get two promotions in the past five years and am a director in my company. My boss, who is an american, lost his job and has to go back to US because my company cannot see any fiancial advantage to hire him anymore. I have never been happier. I believe that I made a very good choice five years ago. Most of my chinese classmates during MBA study are still struggling for their GCs and get stuck in their career development because of GCs. They are quite regret that they did not come back to China back 5 years.

    So what I want say is that, US is not a very good place to stay anymore. There are many golden opportunities in your own country! Many countries are becoming stronger and stronger. It's not 10 or 20 years ago. 10 or 20 years ago, US is the best place in the world to stay. But now, it's different. My friends in US make about $150k a year and cannot afford a luxury lifestyle. I make $100k a year and enjoy a very comfortable life in China. I built my own house in China, which is even better than my house in New Jersey before. I hired my own chauffeur, housekeeper, two nannies for my baby... I cannot afford these thing if I were still in US. How many americans can afford the same lifestyle as mine? I don't think there are many.

    My point is, be open to opportunities in your own countries or other countries in the world other than US. You will be happy to leave US several years later when you look back. Besides, if more and more US-trained scientists and professionals come back to their own countries and help their countries to develop, maybe in another 10 or 20 years, no one would want GC anymore."



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