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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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  • ChainReaction
    06-20 11:33 AM
    is UNLIKELY to pass at least in its current form. Public hospitals, underserved area clinics, Universities are not Google and Oracle!!! They'll go under if they have to pay 5000 $ for H1Bs. People probably don't have the faintest idea under what kind of financial strain these are. There will be exemptions for universities and non-profit organizations.

    Not only the 5K filing fee , One have to do newspaper advertisement like PERM the cost of lawyer fee and I read somewhere One year extension for H1b beyond 6yrs since I140 will be out of the picture. :eek:




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  • mps
    10-04 01:34 AM
    Your language just proves where you belong to.
    You dont have to defend yourself or your native place.
    :)
    It just reflects in your postings whether they are in your bhojpuri hindi or your broken English.
    Just grow up!!!!

    “arunmurthy” motherfuck*** if you are so proud of your heritage why the fu** you just don't go back to where you came from ....why the fu** are you invoking any language and region on this forum ..You are a freaking downright obnoxious SOB




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  • gsmishra
    07-23 03:10 PM
    Latest FAQ from uscis says we can file I-485 without I-140 recipt notice

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
    A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.



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  • GCapplicant
    07-01 09:24 AM
    Congrats.Techically speaking dates were current when you applied.It could be that a few lucky ones like you would have been alloted a Visa number then .Enjoy......

    I also beleive this should be the reason.Just enjoy the card.Good luck man.




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  • coopheal
    03-14 12:18 PM
    People with EB3-India may not expect any kind of fast movement in near future, unless law changes. It will be in snail phase. It is waste discussion to analyze howmany people filled EB3 LC from India in 2002,2003 etc. Generally EB3 is very high demand catagory from all accross the world. EB3 contains skilled worker catagory including cooks, nurses, and so many many non-professional occupations. All the discusion are focussed on demand by Indian IT folks, by ignoring other spectrum of the demand by other group of peoples. Therfore no matter what; EB3-India will get only 3000 EB3 GC per year (Approxmatly 1500 primary).

    1500 LC per year EB3 India is a tiny fraction of the demand by EB3 India. Therefore best advise in EB3 India folks to convert into EB2 to get use of early PD like 2002 or 2003.

    I agree porting to EB2 will be much faster.



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  • okuzmin
    06-08 12:12 AM
    Yeah, that's true if you're a white male or an immigrant. The rest can easily get on welfare/social security. I've seen dozens of examples over my 5 years of being a landlord. Well, many low-skilled immigrants abuse the system as well. So, it's bullshit, Jack Nicholson: in this country millions of people just got it without busting their a$$es.




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  • abqguy
    05-19 03:22 PM
    $50 via paypal. Great job IV. I won't be able to make it to DC however have scheduled time with my lawmakers to go talk to them in person.
    abqguy
    p.s. Is it just me or is this website slow for everyone?



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  • belmontboy
    06-01 08:34 PM
    I've had some pilot training, so I'll chip in.

    All commercial planes have advanced information of a thunderstorm way before it arrives. Most of the airlines/pilots take a detour to avoid it. That increase expense (extra fuel cost/arrival delay, passenger compensation, delay in subsequent flights, etc.). So, the chepo airlines will take a shot at simply going through it. Risk for a big modern plane is very very small but non-zero. An airline making a decision based on costs instead of ethics will pressurize captains to go through such storms.

    The lesson is simple: avoid AF. You'll have to be an idiot to fly it or a cheap airlines like that.

    A meteorologist who spoke to the Associated Press said tropical thunderstorms in the Atlantic could tower up to 15,240m (50,000ft).

    "At the altitude it was flying, it's possible that the Air France plane flew directly into the most charged part of the storm - the top," said Henry Margusity, senior meteorologist for AccuWeather.com.

    from http://news.bbc.co.uk/2/hi/americas/8078147.stm

    why the heck do they fly over or into the storm??

    Are the airlines risking people lives just to save cheap dollars??

    It is unethical of AF to blame bad weather. You need to differentiate here - turbulence is okay, thunderstorms?? what the heck.. why would a commercial airlines fly into a thunderstorm




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  • x1050us
    03-05 02:32 PM
    Another FOIA case http://www.bloomberg.com/apps/news?pid=20601087&sid=aG0_2ZIA96TI&refer=home



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  • needhelp!
    05-01 10:32 AM
    Thanks newuser & deaftunes




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  • days_go_by
    03-08 04:58 PM
    of course, a different visa type, discrimination built into the law.



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  • BharatPremi
    12-10 10:43 AM
    Well said Logiclife and Chanduv23.




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  • neoklaus
    02-07 11:43 PM
    If you extend the deadline anymore, you should change the name to either
    The Honorable Barack Obama :mad::mad: or
    The Honorable Hillary Clinton :mad::mad:

    Every joke has got a part of ...joke.

    I was thinking about sending letters (not exactly as to WH but about legal immigrants issues) along with contributions for their campaign to the above named persons.



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  • bheemi
    07-05 10:15 AM
    I called USCIS and she said based on the information she got from his authorities, she said all the 485 application packets will be rejected with a note saying that , please apply after oct 1st if your PD is current.

    I also asked her if you dont send us back by oct 1st what sould we do, she said if I dont receive by August mid, then take infopass and go to local uscis office and request for my application back.

    I think all the customer service agents are aware of the issue and got informed what to answer for our questions.




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  • gcfunstarts
    06-24 11:18 AM
    Called and took only few seconds, no waiting :)

    She knew the bills that I was going to support and noted down my zip code.

    Please call and express your support, it is the easiest thing you can do to show your support and make a difference!

    Regards.



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  • jonty_11
    11-08 04:56 PM
    latest from CNN:
    WASHINGTON (CNN) -- President Bush set out a new approach Wednesday in the wake of what he called a "thumping" for Republicans in the midterm elections.

    Immigration and minimum wage measures are areas of common ground to discuss when he meets Democratic speaker-to-be Nancy Pelosi later this week, he told reporters at the White House.




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  • waiting4gc
    02-13 03:43 PM
    -> Ask them for 30 seconds of time to make your pitch
    -> 2nd line should be that you are not pitching amway or quixstar, no offense to folks who engage in these businesses but most people assume that you are trying to catch them for one of these and run away
    -> You should have a quick two liner which states why you need your help. You can say that you are a legal immigrant trying to petition President Bush to help improve the life of LEGAL immigrants. You just need to get the person to put their name and address and sign at bottom.
    -> If they show further interest quickly run through the 6 points on the letter
    -> Make sure you take permission from people whose places you are campaigning outside and make sure those have a heavy flow of legal immigrants

    Hope this helps. Your hit rate with good traffic should be at least 20/hr.

    Thanks Needhelp!

    So I have trickled into 152 tonight. I thought I'd try my hand at campaigning at some local places and managed 3! It seemed a lot harder than I imagined, I think I need to work on my introduction and smile ;) All three folks looked scared and suspicious of me but atleast they signed! Not giving up hope though! I have some others in the works via some good friends and I am going to try and tap more immigration law firms in SF. I am still pledging 200 and hope for more!! Any tips on campaigning to strangers, and I will be set! Thanks guys.

    Have a good eve all.




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  • Lasantha
    06-19 05:13 PM
    Section 501 (Rebalancing visa numbers and Z visa allocation) is effective on the first day of the fiscal year subsequent to the fiscal year this bill is enacted.

    Here the fiscal Year is from 1st October to 30th September. If this bill is done within next couple of months, we are talking about 1st October 2007. This is my interpretation.

    Section 502 (Merit based system) is effective from first day of next fiscal year after this bill is enacted, provided it is ateast 270 days away. So I am guessing, we would not see Merit based point system till 1st October 2008.

    Yes but that is when the provisions of the bill come in to effect.
    There is another clause which says "Any pending visa applications filed before the INTRODUCTION of this bill will be counted under the old system". In other words all the I-140s filed after May 15th ( Or June 19th) will have to be re-filed under the merit system if they are not approved and GC received when the Bill is in effect. That Effective date is the one you are refering to. Introduction date is when the bill was added to the senate calander.




    rajsand
    09-20 12:03 PM
    I am sure the awareness and the seriousness was missing among the locals!!
    Educate them , that more imp.. this has to be worked on!
    One thought I have is.. if we register people with a minimum amount and reimburse them at the day of the rally, many will turn up..!
    I know of cases where people agreed to show up but when the d-day came by.. not one ticked!!




    $eeGrEeN
    07-03 01:59 PM
    mine is fragomen . they are pretty good...and have been working 24 by 7 in shifts to prepare forms. they are very responsive and very good people to deal with. surely recommend them.

    well, i'm kinda looking out for law firms in the NY area too. How much did the Fragomen's law firm charge you for your total GC process until now ? you could PM me ... thx



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